---
kind: "section"
citation: "20 U.S.C. § 9516"
title: "20"
title_heading: "Education"
number: "9516"
heading: "National Board for Education Sciences"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9516"
units:
  - "Chapter 76 — Education Research, Statistics, Evaluation, Information, and Dissemination"
  - "Subchapter I — Education Sciences Reform"
  - "Part A — The Institute of Education Sciences"
---

# §9516. National Board for Education Sciences

- (a) **Establishment—** The [Institute](/usc/20/9501.md?p=14) shall have a [board](/usc/20/9501.md?p=4) of [directors](/usc/20/9501.md?p=9), which shall be known as the National [Board](/usc/20/9501.md?p=4) for Education Sciences.
- (b) **Duties—** The duties of the [Board](/usc/20/9501.md?p=4) shall be the following:
  - (1) To advise and consult with the [Director](/usc/20/9501.md?p=9) on the policies of the [Institute](/usc/20/9501.md?p=14).
  - (2) To consider and approve priorities proposed by the [Director](/usc/20/9501.md?p=9) under [section 9515 of this title](/usc/20/9515.md) to guide the work of the [Institute](/usc/20/9501.md?p=14).
  - (3) To review and approve procedures for technical and scientific peer review of the activities of the [Institute](/usc/20/9501.md?p=14).
  - (4) To advise the [Director](/usc/20/9501.md?p=9) on the establishment of activities to be supported by the [Institute](/usc/20/9501.md?p=14), including the general areas of research to be carried out by the National Center for Education Research.
  - (5) To present to the [Director](/usc/20/9501.md?p=9) such recommendations as it may find appropriate for—
    - (A) the strengthening of education research; and
    - (B) the funding of the [Institute](/usc/20/9501.md?p=14).
  - (6) To advise the [Director](/usc/20/9501.md?p=9) on the funding of applications for grants, contracts, and cooperative agreements for research, after the completion of peer review.
  - (7) To review and regularly evaluate the work of the [Institute](/usc/20/9501.md?p=14), to ensure that [scientifically valid research](/usc/20/9501.md?p=20), [development](/usc/20/9501.md?p=8), evaluation, and statistical analysis are consistent with the standards for such activities under this subchapter.
  - (8) To advise the [Director](/usc/20/9501.md?p=9) on ensuring that activities conducted or supported by the [Institute](/usc/20/9501.md?p=14) are objective, secular, neutral, and nonideological and are free of partisan political influence and racial, cultural, gender, or regional bias.
  - (9) To solicit advice and information from those in the educational field, particularly practitioners and researchers, to recommend to the [Director](/usc/20/9501.md?p=9) topics that require long-term, sustained, systematic, programmatic, and integrated research efforts, including knowledge utilization and wide [dissemination](/usc/20/9501.md?p=10) of research, consistent with the priorities and mission of the [Institute](/usc/20/9501.md?p=14).
  - (10) To advise the [Director](/usc/20/9501.md?p=9) on opportunities for the participation in, and the advancement of, women, minorities, and persons with disabilities in education research, statistics, and evaluation activities of the [Institute](/usc/20/9501.md?p=14).
  - (11) To recommend to the [Director](/usc/20/9501.md?p=9) ways to enhance strategic partnerships and collaborative efforts among other Federal and [State](/usc/20/9501.md?p=22) research agencies.
  - (12) To recommend to the [Director](/usc/20/9501.md?p=9) individuals to serve as Commissioners of the National Education Centers.
- (c) **Composition—**
  - (1) **Voting members—** The [Board](/usc/20/9501.md?p=4) shall have 15 voting members appointed by the President.
  - (2) **Advice—** The President shall solicit advice regarding individuals to serve on the [Board](/usc/20/9501.md?p=4) from the National Academy of Sciences, the National Science [Board](/usc/20/9501.md?p=4), and the National Science Advisor.
  - (3) **Nonvoting ex officio members—** The [Board](/usc/20/9501.md?p=4) shall have the following nonvoting ex officio members:
    - (A) The [Director](/usc/20/9501.md?p=9) of the [Institute](/usc/20/9501.md?p=14) of Education Sciences.
    - (B) Each of the Commissioners of the National Education Centers.
    - (C) The [Director](/usc/20/9501.md?p=9) of the Eunice Kennedy Shriver National [Institute](/usc/20/9501.md?p=14) of Child Health and Human [Development](/usc/20/9501.md?p=8).
    - (D) The [Director](/usc/20/9501.md?p=9) of the Census.
    - (E) The Commissioner of Labor Statistics.
    - (F) The [Director](/usc/20/9501.md?p=9) of the National Science Foundation.
  - (4) **Appointed membership—**
    - (A) **Qualifications—** Members appointed under [paragraph (1)](#c-1) shall be highly qualified to appraise education research, statistics, evaluations, or [development](/usc/20/9501.md?p=8), and shall include the following individuals:
      - (i) Not fewer than 8 researchers in the field of statistics, evaluation, social sciences, or physical and biological sciences, which may include those researchers recommended by the National Academy of Sciences.
      - (ii) Individuals who are knowledgeable about the educational needs of the United States, who may include school-based professional educators, parents (including parents with experience in promoting parental involvement in education), Chief [State](/usc/20/9501.md?p=22) School Officers, [State](/usc/20/9501.md?p=22) postsecondary education executives, presidents of institutions of higher education, [local educational agency](/usc/20/9501.md?p=1-A) superintendents, early childhood experts, special education experts, principals, members of [State](/usc/20/9501.md?p=22) or local [boards](/usc/20/9501.md?p=4) of education or [Bureau](/usc/20/9501.md?p=5)-funded school [boards](/usc/20/9501.md?p=4), and individuals from business and industry with experience in promoting private sector involvement in education.
    - (B) **Terms—** Each member appointed under [paragraph (1)](#c-1) shall serve for a term of 4 years, except that—
      - (i) the terms of the initial members appointed under such paragraph shall (as determined by a random selection process at the time of appointment) be for staggered terms of—
        - (I) 4 years for each of 5 members;
        - (II) 3 years for each of 5 members; and
        - (III) 2 years for each of 5 members; and
      - (ii) no member appointed under such paragraph shall serve for more than 2 consecutive terms.
    - (C) **Unexpired terms—** Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.
    - (D) **Conflict of interest—** A voting member of the [Board](/usc/20/9501.md?p=4) shall be considered a special Government employee for the purposes of chapter 131 of title 5.
  - (5) **Chair—** The [Board](/usc/20/9501.md?p=4) shall elect a chair from among the members of the [Board](/usc/20/9501.md?p=4).
  - (6) **Compensation—** Members of the [Board](/usc/20/9501.md?p=4) shall serve without pay for such service. Members of the [Board](/usc/20/9501.md?p=4) who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the [Board](/usc/20/9501.md?p=4).
  - (7) **Travel expenses—** The members of the [Board](/usc/20/9501.md?p=4) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5.
  - (8) **Powers of the Board—**
    - (A) **Executive Director—** The [Board](/usc/20/9501.md?p=4) shall have an Executive [Director](/usc/20/9501.md?p=9) who shall be appointed by the [Board](/usc/20/9501.md?p=4).
    - (B) **Additional staff—** The [Board](/usc/20/9501.md?p=4) shall utilize such additional staff as may be appointed or assigned by the [Director](/usc/20/9501.md?p=9), in consultation with the Chair and the Executive [Director](/usc/20/9501.md?p=9).
    - (C) **Detail of personnel—** The [Board](/usc/20/9501.md?p=4) may use the services and facilities of any [department](/usc/20/9501.md?p=7) or agency of the Federal Government. Upon the request of the [Board](/usc/20/9501.md?p=4), the head of any Federal [department](/usc/20/9501.md?p=7) or agency may detail any of the personnel of that [department](/usc/20/9501.md?p=7) or agency to the [Board](/usc/20/9501.md?p=4) to assist the [Board](/usc/20/9501.md?p=4) in carrying out this Act.
    - (D) **Contracts—** The [Board](/usc/20/9501.md?p=4) may enter into contracts or make other arrangements as may be necessary to carry out its functions.
    - (E) **Information—** The [Board](/usc/20/9501.md?p=4) may, to the extent otherwise permitted by law, obtain directly from any executive [department](/usc/20/9501.md?p=7) or agency of the Federal Government such information as the [Board](/usc/20/9501.md?p=4) determines necessary to carry out its functions.
  - (9) **Meetings—** The [Board](/usc/20/9501.md?p=4) shall meet not less than 3 times each year. The [Board](/usc/20/9501.md?p=4) shall hold additional meetings at the call of the Chair or upon the written request of not less than 6 voting members of the [Board](/usc/20/9501.md?p=4). Meetings of the [Board](/usc/20/9501.md?p=4) are subject to [section 552b of title 5](/usc/5/552b.md) (commonly referred to as the Government in the Sunshine Act).
  - (10) **Quorum—** A majority of the voting members of the [Board](/usc/20/9501.md?p=4) serving at the time of the meeting shall constitute a quorum.
- (d) **Standing committees—**
  - (1) **Establishment—** The [Board](/usc/20/9501.md?p=4) may establish standing committees—
    - (A) that will each serve 1 of the National Education Centers; and
    - (B) to advise, consult with, and make recommendations to the [Director](/usc/20/9501.md?p=9) and the Commissioner of the appropriate National Education Center.
  - (2) **Membership—** A majority of the members of each standing committee shall be voting members of the [Board](/usc/20/9501.md?p=4) whose expertise is needed for the functioning of the committee. In addition, the membership of each standing committee may include, as appropriate—
    - (A) experts and scientists in research, statistics, evaluation, or [development](/usc/20/9501.md?p=8) who are recognized in their discipline as highly qualified to represent such discipline and who are not members of the [Board](/usc/20/9501.md?p=4), but who may have been recommended by the Commissioner of the appropriate National Education Center and approved by the [Board](/usc/20/9501.md?p=4);
    - (B) ex officio members of the [Board](/usc/20/9501.md?p=4); and
    - (C) policymakers and expert practitioners with knowledge of, and experience using, the results of research, evaluation, and statistics who are not members of the [Board](/usc/20/9501.md?p=4), but who may have been recommended by the Commissioner of the appropriate National Education Center and approved by the [Board](/usc/20/9501.md?p=4).
  - (3) **Duties—** Each standing committee shall—
    - (A) review and comment, at the discretion of the [Board](/usc/20/9501.md?p=4) or the standing committee, on any grant, contract, or cooperative agreement entered into (or proposed to be entered into) by the applicable National Education Center;
    - (B) prepare for, and submit to, the [Board](/usc/20/9501.md?p=4) an annual evaluation of the operations of the applicable National Education Center;
    - (C) review and comment on the relevant plan for activities to be undertaken by the applicable National Education Center for each fiscal year; and
    - (D) report periodically to the [Board](/usc/20/9501.md?p=4) regarding the activities of the committee and the applicable National Education Center.
- (e) **Annual report—** The [Board](/usc/20/9501.md?p=4) shall submit to the [Director](/usc/20/9501.md?p=9), the [Secretary](/usc/20/9501.md?p=21), and the appropriate congressional committees, not later than July 1 of each year, a report that assesses the effectiveness of the [Institute](/usc/20/9501.md?p=14) in carrying out its priorities and mission, especially as such priorities and mission relate to carrying out [scientifically valid research](/usc/20/9501.md?p=20), conducting unbiased evaluations, collecting and reporting accurate education statistics, and translating research into practice.
- (f) **Recommendations—** The [Board](/usc/20/9501.md?p=4) shall submit to the [Director](/usc/20/9501.md?p=9), the [Secretary](/usc/20/9501.md?p=21), and the appropriate congressional committees a report that includes any recommendations regarding any actions that may be taken to enhance the ability of the [Institute](/usc/20/9501.md?p=14) to carry out its priorities and mission. The [Board](/usc/20/9501.md?p=4) shall submit an interim report not later than 3 years after November 5, 2002, and a final report not later than 5 years after such date.

## Source credit

(Pub. L. 107–279, title I, § 116, Nov. 5, 2002, 116 Stat. 1948; Pub. L. 108–446, title II, §§ 201(b)(2)(D), 202, Dec. 3, 2004, 118 Stat. 2802; Pub. L. 110–154, § 1(d), Dec. 21, 2007, 121 Stat. 1828; Pub. L. 112–166, § 2(cc), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 117–286, § 4(c)(28), Dec. 27, 2022, 136 Stat. 4357.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (c)(8)(C), means Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and section 3419 of this title, amended sections 1232j, 3412, 3461, 6194, 6311, 6312, 7013, 7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 and former sections 6317, 6491, 6932, 7253c, 7283b, and 7283d of this title and section 5315 of Title 5, Government Organization and Employees, transferred sections 9010 and 9011 of this title to sections 9621 and 9622 of this title, respectively, repealed sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacted provisions set out as notes under section 7703 and 9501 of this title, and repealed provisions set out as notes under sections 1221e and 9001 of this title. For complete classification of this Act to the Code, see Tables.

### Amendments

2022—Subsec. (c)(4)(D). Pub. L. 117–286 substituted “chapter 131 of title 5.” for “the Ethics in Government Act of 1978.”

2012—Subsec. (c)(1). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.

2004—Subsec. (c)(4)(A)(ii). Pub. L. 108–446, § 201(b)(2)(D), inserted “special education experts,” after “early childhood experts,”.

Subsec. (c)(9). Pub. L. 108–446, § 202, substituted “Meetings of the Board are subject to section 552b of title 5 (commonly referred to as the Government in the Sunshine Act).” for “Meetings of the Board shall be open to the public.”

### Statutory Notes and Related Subsidiaries

### Change of Name

“Eunice Kennedy Shriver National Institute of Child Health and Human Development” substituted for “National Institute of Child Health and Human Development” in subsec. (c)(3)(C), on authority of section 1(d) of Pub. L. 110–154, set out as a note under section 285g of Title 42, The Public Health and Welfare.

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.