PUBLIC LAW 110–69—AUG. 9, 2007
121 STAT. 663
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course of the agency’s implementation of the programs under such sections; and (iii) professional connections to teaching methodologies that might require the use of specific products, activities, or services; and (C) ensure that reviewers do not maintain significant financial interests in products, activities, or services supported under such sections. (3) WAIVER.— (A) IN GENERAL.—The Secretary may, in consultation with the Office of the General Counsel of the Department, waive the requirements of paragraph (2)(C). (B) REPORT OF WAIVERS.—The Secretary shall— (i) establish criteria for the waivers permitted under subparagraph (A); and (ii) report any waivers allowed under subparagraph (A), and the criteria under which such waivers are allowed, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (c) GUIDANCE.— (1) IN GENERAL.—The Secretary shall develop procedures for, and issue guidance regarding, how reviewers will review applications submitted under sections 6201 and 6203 and provide feedback to State educational agencies and recommendations to the Secretary. The Secretary shall also develop guidance for how the Secretary will review those recommendations and make final determinations of approval or disapproval of those applications. (2) REQUIREMENTS.—Such procedures shall, at a minimum— (A) create a transparent process through which review panels provide clear, consistent, and publicly available documentation and explanations in support of all recommendations, including the final reviews of the individual reviewers, except that a final review shall not reveal any personally identifiable information about the reviewer; (B) ensure that a State educational agency has the opportunity for direct interaction with any review panel that reviewed the agency’s application under section 6201 or 6203 when revising that application as a result of feedback from the panel, including the disclosure of the identities of the reviewers; (C) require that any review panel and the Secretary clearly and consistently document that all required elements of an application under section 6201 or 6203 are included before the application is approved; and (D) create a transparent process through which the Secretary clearly, consistently, and publicly documents decisions to approve or disapprove applications under such sections and the reasons for those decisions.
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