116 STAT. 1946 PUBLIC LAW 107-279—NOV. 5, 2002 described in section 302(e)(1)(E)) from those authorized by the National Education Statistics Act of 1994 (20 U.S.C. 9001 at seq.) on the day before the date of enactment of this Act; (2) members of the National Assessment Governing Board shall continue to be appointed by the Secretary; (3) section 302(f)(1) of the National Assessment of Educational Progress Authorization Act shall apply to the National Assessment Governing Board in the exercise of its responsibilities under this Act; (4) sections 115 and 116 shall not apply to the National Assessment of Educational Progress; and (5) sections 115 and 116 shall not apply to the National Assessment Governing Board. (b) OTHER ACTIVITIES. — The Secretary may assign the Institute responsibility for administering other activities, if those activities are consistent with— (1) the Institute's priorities, as approved by the National Board for Education Sciences under section 116, and the Institute's mission, as described in section 111(b); or (2) the Institute's mission, but only if those activities do not divert the Institute from its priorities. 20 USC 9514. SEC. 114. OFFICE OF THE DIRECTOR. (a) APPOINTMENT.— Except as provided in subsection (b)(2), the President, by and with the advice and consent of the Senate, shall appoint the Director of the Institute. (b) TERM. — (1) IN GENERAL.— The Director shall serve for a term of 6 years, beginning on the date of appointment of the Director. (2) FIRST DIRECTOR.— The President, without the advice and consent of the Senate, may appoint the Assistant Secretary for the Office of Educational Research and Improvement (as such office existed on the day before the date of enactment of this Act) to serve as the first Director of the Institute. (3) SUBSEQUENT DIRECTORS.— The Board may make recommendations to the President with respect to the appointment of a Director under subsection (a), other than a Director appointed under paragraph (2). (c) PAY. —The Director shall receive the rate of basic pay for level II of the Executive Schedule. (d) QUALIFICATIONS. —The Director shall be selected from individuals who are highly qualified authorities in the fields of scientifically valid research, statistics, or evaluation in education, as well as management within such areas, and have a demonstrated capacity for sustained productivity and leadership in these areas. (e) ADMINISTRATION.—The Director shall— (1) administer, oversee, and coordinate the activities carried out under the Institute, including the activities of the National Education Centers; and (2) coordinate and approve budgets and operating plans for each of the National Education Centers for submission to the Secretary. (f) DUTIES. —The duties of the Director shall include the following: (1) To propose to the Board priorities for the Institute, in accordance with section 115(a).
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