Sec. 113. DELEGATION
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## SEC. 113 DELEGATION **[**[20 U.S.C. 9513](/us/usc/t20/s9513)**]** ###
(a)Delegation of Authority Notwithstanding section 412 of the Department of Education Organization Act (20 U.S.C. 3472), the Secretary shall delegate to the Director all functions for carrying out this title (other than administrative and support functions), except that— ####
(1)nothing in this title or in the National Assessment of Educational Progress Authorization Act (except section 302(e)(1)(J) of such Act) shall be construed to alter or diminish the role, responsibilities, or authority of the National Assessment Governing Board with respect to the National Assessment of Educational Progress (including with respect to the methodologies of the National Assessment of Educational Progress described in section 302(e)(1)(E)) from those authorized by the National Education Statistics Act of 1994 (20 U.S.C. 9001 et 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.
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- 20 USC 9001
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