 
                  CHAPTER 68--NATIONAL EDUCATION REFORM
 
Part A--General Provisions Regarding Office of Educational Research and 
                               Improvement
 
Sec. 6011. Office of Educational Research and Improvement


(a) Declaration of policy regarding educational opportunity

                           (1) In general

        The Congress declares it to be the policy of the United States 
    to provide to every individual an equal opportunity to receive an 
    education of high quality regardless of race, color, religion, sex, 
    age, disability, national origin, or social class. Although the 
    American educational system has pursued this objective, it has not 
    been attained. Inequalities of opportunity to receive high quality 
    education remain pronounced. To achieve the goal of quality 
    education requires the continued pursuit of knowledge about 
    education through research, development, improvement activities, 
    data collection, synthesis, technical assistance, and information 
    dissemination. While the direction of American education remains 
    primarily the responsibility of State and local governments, the 
    Federal Government has a clear responsibility to provide leadership 
    in the conduct and support of scientific inquiry into the 
    educational process.

                        (2) Mission of Office

        (A) The mission of the Office shall be to provide national 
    leadership in--
            (i) expanding fundamental knowledge and understanding of 
        education;
            (ii) promoting excellence and equity in education; and the 
        achievement of the National Educational \1\ Goals by spurring 
        reform in the school systems of the United States;
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    \1\ So in original. Probably should be ``Education''.
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            (iii) promoting the use and application of research and 
        development to improve practice in the classroom; and
            (iv) monitoring the state of education.

        (B) The mission of the Office shall be accomplished in 
    collaboration with researchers, teachers, school administrators, 
    parents, students, employers, and policymakers.

(b) Purpose and structure of Office

                           (1) In general

        The Secretary, acting through the Office, shall carry out the 
    policies set forth in subsection (a) of this section. In carrying 
    out such policies, the Office shall be guided by the Research 
    Priorities Plan developed by the Assistant Secretary working 
    collaboratively with the Board and which has been approved by the 
    Board.

                    (2) Administrative structure

        The Office shall be administered by the Assistant Secretary and 
    shall include--
            (A) the National Educational Research Policy and Priorities 
        Board established by section 6021 of this title;
            (B) the national research institutes established by section 
        6031 of this title;
            (C) the national education dissemination system established 
        by section 6041 of this title;
            (D) the National Center for Education Statistics; and
            (E) such other units as the Secretary deems appropriate to 
        carry out the purposes of the Office.

                      (3) Authorized activities

        (A) Office

            In fulfilling its purposes under this section, the Office is 
        authorized to--
                (i) conduct and support education-related research 
            activities, including basic and applied research, 
            development, planning, surveys, assessments, evaluations, 
            investigations, experiments, and demonstrations of national 
            significance;
                (ii) disseminate the findings of education research, and 
            provide technical assistance to apply such information to 
            specific problems at school sites;
                (iii) collect, analyze, and disseminate data related to 
            education, and to library and information services;
                (iv) promote the use of knowledge gained from research 
            and statistical findings in schools, other educational 
            institutions, and communities;
                (v) provide training in education research; and
                (vi) promote the coordination of education research and 
            research support within the Federal Government, and 
            otherwise assist and foster such research.

(c) Appointment of employees

                           (1) In general

        The Assistant Secretary may appoint, for terms not to exceed 
    three years (without regard to the provisions of title 5 governing 
    appointment in the competitive service) and may compensate (without 
    regard to the provisions of chapter 51 and subchapter III of chapter 
    53 of such title relating to classification and General Schedule pay 
    rates) such scientific or technical employees of the Office as the 
    Assistant Secretary considers necessary to accomplish its functions, 
    provided that--
            (A) at least 30 days prior to the appointment of any such 
        employee, public notice is given of the availability of such 
        position and an opportunity is provided for qualified 
        individuals to apply and compete for such position;
            (B) the rate of basic pay for such employees does not exceed 
        the maximum rate of basic pay payable for positions at GS-15, as 
        determined in accordance with section 5376 of title 5;
            (C) the appointment of such employee is necessary to provide 
        the Office with scientific or technical expertise which could 
        not otherwise be obtained by the Office through the competitive 
        service; and
            (D) the total number of such employees does not exceed one-
        fifth of the number of full-time, regular scientific or 
        professional employees of the Office.

                   (2) Reappointment of employees

        The Assistant Secretary may reappoint employees described in 
    paragraph (1) upon presentation of a clear and convincing 
    justification of need, for one additional term not to exceed 3 
    years. All such employees shall work on activities of the Office and 
    shall not be reassigned to other duties outside the Office during 
    their term.

(d) Authority to publish

                           (1) In general

        The Assistant Secretary is authorized to prepare and publish 
    such information, reports, and documents as may be of value in 
    carrying out the purposes of this subchapter without further 
    clearance or approval by the Secretary or any other office of the 
    Department of Education.

                        (2) Quality assurance

        In carrying out such authority, the Assistant Secretary shall--
            (A) establish such procedures as may be necessary to assure 
        that all reports and publications issued by the Office are of 
        the highest quality; and
            (B) provide other offices of the Department of Education 
        with an opportunity to comment upon any report or publication 
        prior to its publication when its contents relate to matters for 
        which such office has responsibility.

(e) Biennial report on activities of Office

    The Assistant Secretary shall transmit to the President and the 
Congress by not later than December 30 of every other year a report 
which shall consist of--
        (1) a description of the activities carried out by and through 
    each research institute during the fiscal years for which such 
    report is prepared and any recommendations and comments regarding 
    such activities as the Assistant Secretary considers appropriate;
        (2) a description of the activities carried out by and through 
    the national education dissemination system established by section 
    6041 of this title during the fiscal years for which such report is 
    prepared and any recommendations and comments regarding such 
    activities as the Assistant Secretary considers appropriate;
        (3) such written comments and recommendations as may be 
    submitted by the Board concerning the activities carried out by and 
    through each of the institutes and the national education 
    dissemination system during the fiscal years for which such report 
    is prepared;
        (4) a description of the coordination activities undertaken 
    pursuant to subsection (g) of this section during the fiscal years 
    for which such report is prepared;
        (5) recommendations for legislative and administrative changes 
    necessary to improve the coordination of all educational research, 
    development, and dissemination activities carried out within the 
    Federal Government; and
        (6) such additional comments, recommendations, and materials as 
    the Assistant Secretary considers appropriate.

(f) Research priorities plan

                           (1) In general

        Working collaboratively with the Board, the Assistant Secretary 
    shall--
            (A) survey and assess the state of knowledge in education 
        research, development and dissemination to identify disciplines 
        and areas of inquiry in which the state of knowledge is 
        insufficient and which warrant further investigation, taking 
        into account the views of both education researchers and 
        practicing educators;
            (B) consult with the National Education Goals Panel and 
        other authorities on education to identify national priorities 
        for the improvement of education;
            (C) actively solicit recommendations from education 
        researchers, teachers, school administrators, cultural leaders, 
        parents, and others throughout the United States through such 
        means as periodic regional forums;
            (D) provide recommendations for the development, 
        maintenance, and assurance of a strong infrastructure for 
        education, research, and development in the United States; and
            (E) on the basis of such recommendations, develop a research 
        priorities program which shall recommend priorities for the 
        investment of the resources of the Office over the next 5-, 10-, 
        and 15-year periods, including as priorities those areas of 
        inquiry in which further research, development and 
        dissemination--
                (i) is necessary to attain the National Education Goals;
                (ii) promises to yield the greatest practical benefits 
            to teachers and other educators in terms of improving 
            education; and
                (iii) will not be undertaken in sufficient scope or 
            intensity by the other Federal and non-Federal entities 
            engaged in education research and development.

                        (2) Contents of plan

        (A) The research and priorities plan described in paragraph (1) 
    shall, at a minimum--
            (i) set forth specific objectives which can be expected to 
        be achieved as a result of a Federal investment in the 
        priorities set forth in the plan;
            (ii) include recommendations with respect to research and 
        development on cross-cutting issues which should be carried out 
        jointly by 2 or more of the research institutes; and
            (iii) include an evaluative summary of the educational 
        research and development activities undertaken by the Federal 
        Government during the preceding 2 fiscal years, which shall 
        describe--
                (I) what has been learned as a result of such 
            activities;
                (II) how such new knowledge or understanding extends or 
            otherwise relates to what had been previously known or 
            understood;
                (III) the implications of such new knowledge or 
            understanding for educational practice and school reform; 
            and
                (IV) any development, reform, and other assistance 
            activities which have utilized such knowledge or 
            understanding and the effects of such efforts.

        (B) Report.--(i) Not later than 6 months after the first meeting 
    of the Board and by October 1 of every second year thereafter, the 
    Assistant Secretary shall publish a report specifying the proposed 
    research priorities of the Office and allow a 60-day period 
    beginning on the date of the publication of the report for public 
    comment and suggestions.
        (ii) Not later than 90 days after the expiration of the 60-day 
    period referred to in clause (i), the Assistant Secretary shall 
    submit to the Board a report specifying the proposed research 
    priorities of the Office and any public comment and suggestions 
    obtained under such subparagraph for the Board's review and 
    approval.

(g) Coordination

    With the advice and assistance of the Board, the Assistant Secretary 
shall work cooperatively with the Secretary and the other Assistant 
Secretaries of the Department of Education to establish and maintain an 
ongoing program of activities designed to improve the coordination of 
education research, development, and dissemination and activities within 
such Department and within the Federal Government to--
        (1) minimize duplication in education research, development, and 
    dissemination carried out by the Federal Government;
        (2) maximize the value of the total Federal investment in 
    education research, development, and dissemination; and
        (3) enable entities engaged in education research, development, 
    and dissemination within the Federal Government to interact 
    effectively as partners and take full advantage of the diverse 
    resources and proficiencies which each entity has available.

(h) Activities required with respect to coordination

    In carrying out such program of coordination, the Assistant 
Secretary shall compile (and thereafter regularly maintain) and make 
available a comprehensive inventory of education research, development, 
dissemination activities, and expenditures being carried out by the 
Federal Government.

(i) Standards for conduct and evaluation of research

                           (1) In general

        In consultation with the Board, the Assistant Secretary shall 
    develop such standards as may be necessary to govern the conduct and 
    evaluation of all research, development, and dissemination 
    activities carried out by the Office to assure that such activities 
    meet the highest standards of professional excellence. In developing 
    such standards, the Assistant Secretary shall review the procedures 
    utilized by the National Institutes of Health, the National Science 
    Foundation, and other Federal departments or agencies engaged in 
    research and development and shall also actively solicit 
    recommendations from research organizations and members of the 
    general public.

                      (2) Contents of standards

        Such standards shall at a minimum--
            (A) require that a process of open competition be used in 
        awarding or entering into all grants, contracts, and cooperative 
        agreements under this subchapter;
            (B) require that a system of peer review be utilized by the 
        Office--
                (i) for reviewing and evaluating all applications for 
            grants and cooperative agreements and bids for those 
            contracts which exceed $100,000;
                (ii) for evaluating and assessing the performance of all 
            recipients of grants from and cooperative agreements and 
            contracts with the Office; and
                (iii) for reviewing and designating exemplary and 
            promising programs in accordance with section 6041(d) of 
            this title;

            (C) describe the general procedures which shall be used by 
        each peer review panel in its operations;
            (D)(i) describe the procedures which shall be utilized in 
        evaluating applications for grants, proposed cooperative 
        agreements, and contract bids; and
            (ii) specify the criteria and factors which shall be 
        considered in making such evaluations;
            (E) describe the procedures which shall be utilized in 
        reviewing educational programs which have been identified by or 
        submitted to the Secretary for evaluation in accordance with 
        section 6041(d) of this title; and
            (F) require that the performance of all recipients of grants 
        from and contracts and cooperative agreements with the Office 
        shall be periodically evaluated, both during and at the 
        conclusion of their receipt of assistance.

            (3) Publication and promulgation of standards

        (A) The Assistant Secretary shall publish proposed standards--
            (i) which meet the requirements of subparagraphs (A), (B), 
        (C), and (D) of paragraph (2) not later than 1 year after March 
        31, 1994;
            (ii) which meet the requirements of paragraph (2)(E) not 
        later than 2 years after March 31, 1994; and
            (iii) which meet the requirements of subparagraph (F) of 
        paragraph (2) not later than 3 years after March 31, 1994.

        (B) Following the publication of such proposed standards, the 
    Assistant Secretary shall solicit comments from interested members 
    of the public with respect to such proposed standards for a period 
    of not more than 120 days. After giving due consideration to any 
    comments which may have been received, the Assistant Secretary shall 
    transmit such standards to the Board for its review and approval.
        (C) Upon the approval of the Board, the Assistant Secretary 
    shall transmit final standards to the Secretary which meet the 
    requirements of the particular subparagraphs of paragraph (2) for 
    which such standards were developed. Such standards shall be binding 
    upon all activities carried out with funds appropriated pursuant to 
    subsection (m) of this section.

(j) Additional responsibilities of Assistant Secretary

    In carrying out the activities and programs of the Office, the 
Assistant Secretary--
        (1) shall be guided by the Research Priorities Plan developed by 
    the Assistant Secretary working collaboratively with the Board and 
    which has been approved by the Board;
        (2) shall ensure that there is broad and regular public and 
    professional involvement from the educational field in the planning 
    and carrying out of the Office's activities, including establishing 
    teacher advisory boards for any program office, program or project 
    of the Office as the Assistant Secretary deems necessary and 
    involving Indian and Alaska Native researchers and educators in 
    activities that relate to the education of Indian and Alaska Native 
    people;
        (3) shall ensure that the selection of research topics and the 
    administration of the program are free from undue partisan political 
    influence;
        (4) shall ensure that all statistics and other data collected 
    and reported by the Office shall be collected, cross-tabulated, 
    analyzed, and reported by sex within race or ethnicity and 
    socioeconomic status whenever feasible (and when such data 
    collection or analysis is not feasible, ensure that the relevant 
    report or document includes an explanation as to why such data 
    collection or analysis is not feasible);
        (5) is authorized to administer funds to support a single 
    project when more than 1 Federal agency uses funds to support such 
    project, and the Assistant Secretary may act for all such agencies 
    in administering such funds; and
        (6) is authorized to offer information and technical assistance 
    to State and local educational agencies, school boards, and schools, 
    including schools funded by the Bureau, to ensure that no student 
    is--
            (A) denied access to the same rigorous, challenging 
        curriculum that such student's peers are offered; or
            (B) grouped or otherwise labeled in such a way that may 
        impede such student's achievement.

(k) Independent evaluations

    The Secretary shall enter into one or more contracts for the conduct 
of an independent evaluation of the effectiveness of the implementation 
of the provisions of this subchapter. Such evaluations shall be 
transmitted to the Congress, the President, and the Assistant Secretary 
not later than 54 months after March 31, 1994.

(l) Definitions

    For purposes of this subchapter, the following definitions apply:

                       (1) Assistant Secretary

        The term ``Assistant Secretary'' means the Assistant Secretary 
    for Educational Research and Improvement established by section 3412 
    of this title.

                         (2) At-risk student

        The term ``at-risk student'' means a student who, because of 
    limited English proficiency, poverty, race, geographic location, or 
    economic disadvantage, faces a greater risk of low educational 
    achievement or reduced academic expectations.

                              (3) Board

        The term ``Board'' means the National Educational Research 
    Policy and Priorities Board.

                           (4) Development

        The term ``development''--
            (A) means the systematic use, adaptation, and transformation 
        of knowledge and understanding gained from research to create 
        alternatives, policies, products, methods, practices, or 
        materials which can contribute to the improvement of educational 
        practice; and
            (B) includes the design and development of prototypes and 
        the testing of such prototypes for the purposes of establishing 
        their feasibility, reliability, and cost-effectiveness.

                          (5) Dissemination

        The term ``dissemination'' means the communication and transfer, 
    through the provision of technical assistance and other means, of 
    the results of research and proven practice in forms that are 
    understandable, easily accessible and usable or adaptable for use in 
    the improvement of educational practice by teachers, administrators, 
    librarians, other practitioners, researchers, policymakers, and the 
    public.

                      (6) Educational research

        The term ``educational research'' includes basic and applied 
    research, inquiry with the purpose of applying tested knowledge 
    gained to specific educational settings and problems, development, 
    planning, surveys, assessments, evaluations, investigations, 
    experiments, and demonstrations in the field of education and other 
    fields relating to education.

                    (7) Field-initiated research

        The term ``field-initiated research'' means education research 
    in which topics and methods of study are generated by investigators, 
    including teachers and other practitioners, not by the source of 
    funding.

             (8) National education dissemination system

        The term ``national education dissemination system'' means the 
    activities carried out by the Office of Reform Assistance and 
    Dissemination established by section 6041 of this title.

                             (9) Office

        The term ``Office'', unless otherwise specified, means the 
    Office of Educational Research and Improvement established in 
    section 3419 of this title.

                  (10) National research institute

        The term ``national research institute'' means an institute 
    established in section 6031 of this title.

                      (11) Technical assistance

        The term ``technical assistance'' means assistance in 
    identifying, selecting, or designing solutions based on research to 
    address educational problems, planning, and design that leads to 
    adapting research knowledge to school practice, training to 
    implement such solutions, and other assistance necessary to 
    encourage adoption or application of research.

                      (12) United States; State

        The terms ``United States'' and ``State'' means \2\ each of the 
    50 States, the District of Columbia, the Commonwealth of Puerto 
    Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of 
    the Northern Mariana Islands, Palau (until the effective date of the 
    Compact of Free Association with the Government of Palau), the 
    Republic of the Marshall Islands, and the Federated States of 
    Micronesia.
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    \2\ So in original. Probably should be ``mean''.
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(m) Authorization of appropriations

                       (1) National institutes

        (A) For the purpose of carrying out section 6031 of this title, 
    there is authorized to be appropriated $68,000,000 for fiscal year 
    1995.
        (B)(i) For the purpose of carrying out the provisions of section 
    6031 of this title relating to the National Institute on Student 
    Achievement, Curriculum, and Assessment and the National Institute 
    on the Education of At-Risk Students, there are authorized to be 
    appropriated $60,000,000 for fiscal year 1996, and such sums as are 
    necessary for each of fiscal years 1997, 1998, and 1999.
        (ii) Of the total amounts appropriated pursuant to clause (i)--
            (I) 50 percent shall be used by the Assistant Secretary for 
        the purpose of carrying out the provisions of section 6031 of 
        this title relating to the National Institute on the Education 
        of At-Risk Students; and
            (II) 50 percent shall be used for the purpose of carrying 
        out the provisions of section 6031 of this title relating to the 
        National Institute on Student Achievement, Curriculum, and 
        Assessment.

        (C) For the purpose of carrying out the provisions of section 
    6031 of this title relating to the National Institute on Educational 
    Governance, Finance, Policy-Making, and Management, there are 
    authorized to be appropriated $10,000,000 for fiscal year 1996, and 
    such sums as are necessary for each of fiscal years 1997, 1998, and 
    1999.
        (D) For the purpose of carrying out the provisions of section 
    6031 of this title relating to the National Institute on Early 
    Childhood Development and Education, there are authorized to be 
    appropriated $15,000,000 for fiscal year 1996, and such sums as are 
    necessary for each of fiscal years 1997, 1998, and 1999.
        (E) For the purpose of carrying out the provisions of section 
    6031 of this title relating to the National Institute on 
    Postsecondary Education, Libraries, and Lifelong Learning, there are 
    authorized to be appropriated $15,000,000 for fiscal year 1996, and 
    such sums as are necessary for each of fiscal years 1997, 1998, and 
    1999.
        (F) Coordination and synthesis.--The Assistant Secretary is 
    authorized to reserve not more than 10 percent of the total amounts 
    appropriated in any fiscal year pursuant to subparagraphs (A) 
    through (E) (but not more than 33 percent of the amount appropriated 
    for any single institute in any fiscal year) for the purposes of 
    supporting coordination and synthesis activities described in 
    section 6031(i) of this title or to address other priorities which 
    are consistent with the Research Priorities Plan developed by the 
    Assistant Secretary and approved by the Board.

             (2) National education dissemination system

        (A)(i) For the purpose of carrying out paragraph (2) of 
    subsection (b) and subsections (c) through (g) of section 6041 of 
    this title, there are authorized to be appropriated $23,000,000 for 
    fiscal year 1995, and such sums as are necessary for each of the 
    fiscal years 1996 through 1999.
        (ii) Of the amount appropriated under clause (i) for any fiscal 
    year, the Secretary shall make available not less than $8,000,000 to 
    carry out subsection (f) of section 6041 of this title (relating to 
    Educational Resources Information Center Clearinghouses).
        (B) For the purpose of carrying out subsection (h) of section 
    6041 of this title (relating to regional educational laboratories), 
    there are authorized to be appropriated $41,000,000 for fiscal year 
    1995, and such sums as are necessary for each of the fiscal years 
    1996 through 1999. Of the amounts appropriated under the preceding 
    sentence for a fiscal year, the Secretary shall obligate not less 
    than 25 percent to carry out such purpose with respect to rural 
    areas (including schools funded by the Bureau which are located in 
    rural areas).
        (C) For the purpose of carrying out subsection (j) \3\ of 
    section 6041 of this title (relating to the teacher research 
    dissemination demonstration program) there are authorized to be 
    appropriated $20,000,000 for fiscal year 1995, and such sums as are 
    necessary for each of the fiscal years 1996 through 1999.
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    \3\ See References in Text note below.
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        (D) For the purpose of carrying out subsection (i) of section 
    6041 of this title (relating to the Goals 2000 Community 
    Partnerships program), there are authorized to be appropriated 
    $30,000,000 for fiscal year 1995, $50,000,000 for fiscal year 1996, 
    and such sums as are necessary for each of the fiscal years 1997 and 
    \4\ 1999.
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    \4\ So in original. Probably should be ``through''.
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      (3) National Educational Research Policy and Priorities 
                                    Board

        Of the amounts appropriated under paragraphs (1) and (2) for any 
    fiscal year, the Secretary shall make available 2 percent of such 
    amounts, or $1,000,000, whichever is less, for the purpose of 
    supporting the activities and expenses of the Board and the 
    collaborative development of the Research Priorities Plan by the 
    Assistant Secretary and the Board.

      (4) Allocations for grants, cooperative agreements, and 
                                  contracts

        Of the amounts appropriated under paragraph (1) or (2) for any 
    fiscal year, not less than 95 percent shall be expended to carry out 
    the purposes described in such paragraphs through grants, 
    cooperative agreements, or contracts.

                  (5) Limitations on appropriations

        No amounts are authorized to be appropriated under paragraph (1) 
    or (2) for fiscal year 1996 or any fiscal year thereafter unless the 
    Board has been appointed in accordance with section 6021 of this 
    title.

                        (6) Grant authorized

        (A) In general

            From the amounts appropriated pursuant to paragraph (1) for 
        any fiscal year, the Secretary is authorized, in accordance with 
        the provisions of this paragraph, to award a grant of not more 
        than $5,000,000 to a public or private institution, agency or 
        organization for a period not to exceed 5 years for the purpose 
        of conducting a State-by-State poll to determine the perceptions 
        of recent graduates of secondary schools, their instructors in 
        institutions of higher education, parents of recent such 
        graduates, and employers of recent such graduates on how well 
        schools have prepared students for further education or 
        employment.

        (B) Matching requirement

            The grant described in subparagraph (A) shall be awarded on 
        a competitive basis and shall be matched on a two-to-one basis 
        by the recipient.

(Pub. L. 103-227, title IX, Sec. 912, Mar. 31, 1994, 108 Stat. 213; Pub. 
L. 103-382, title II, Sec. 271(a)(3)(B), Oct. 20, 1994, 108 Stat. 3929.)

                       References in Text

    The provisions of title 5 governing appointment in the competitive 
service, referred to in subsec. (c)(1), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.
    For Oct. 1, 1994, as the date the Compact of Free Association with 
the Government of Palau takes effect, referred to in subsec. (l)(12), 
see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note 
under section 1931 of Title 48, Territories and Insular Possessions.
    Subsection (j) of section 6041 of this title, referred to in subsec. 
(m)(2)(C), was repealed by Pub. L. 105-277, div. A, Sec. 101(f) [title 
VIII, Sec. 301(b)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-410.


                               Amendments

    1994--Subsec. (l)(9). Pub. L. 103-382 made technical amendment to 
reference to section 3419 of this title to reflect renumbering of 
corresponding section of original act.

                  Section Referred to in Other Sections

    This section is referred to in sections 6021, 6031, 6041 of this 
title.
