102 STAT. 332
PUBLIC LAW 100-297—APR. 28, 1988
paragraph (D), the individual serving as the director of the Center for Education Statistics on the date of the enactment of this Act may serve as acting Commissioner. (c) ADVISORY COUNCIL ON EDUCATION STATISTICS.—Section 406(c) of 20 USC I22le-l. the Act is amended— (1) in the first sentence of paragraph (1) by inserting "public" after "7"; (2) in paragraph (2)— (A) in subparagraph (B) by striking "and"; (B) by striking the period at the end of subparagraph (C) and inserting a comma; and (C) by adding at the end the following subparagraphs: "(D) Commissioner of Education Statistics, and; "(E) Chairman, National Commission on Libraries and Information Science."; (3) in paragraph (4) by striking "Assistant Secretary" and inserting "Commissioner of Education Statistics"; (4) in paragraph (7) by striking "establishing" and inserting "advising on'; and (5) by adding after paragraph (7) the following new paragraph: "(8) The Commissioner may appoint such other ad hoc advisory committees as the Commissioner considers necessary.". (d) CONDITION OF EDUCATION REPORT.—Section 406(d) of the Act is amended— (1) in paragraph (1)— (A) by striking "Secretary" and inserting "Commissioner"; (B) by adding "and" at the end of subparagraph (B); (C) by striking "; and" at the end of subparagraph (C) and inserting a period; and (D) by striking all of subparagraph (D); (2) by redesignating paragraph "(2)' as paragraph "(3)"; and (3) by adding after paragraph (1) the following new paragraph: "(2) The Secretary shall submit annually a report to the Congress giving information of the State of Education in the Nation. In such report the Secretary shall clearly set forth the Secretary's views of critical needs in education and the most effective manner in which the nation and the Federal Government may address such needs.". (e) AUTHORITY OF COMMISSIONER.—Section 406(e) of the Act is amended by adding at the end the following paragraphs: Contracts. "(3) In carrying out any authorized responsibilities under this section, the Commissioner may enter into contracts under regular competitive procedures of the Federal Government or other financial arrangements. Contracts or financial arrangements may also include sole source contracts with States, additional institutions, organizations performing international studies, and associations that are nationally representative of a wide Reports. variety of States or nonpublic schools. The Commissioner shall submit annually a report to the appropriate committees of the Congress, listing each sole source contract, its purpose, and the reasons why competitive bidding was not feasible in each such instance. "(4) The Commissioner is authorized to prepare and publish such information and documents as may be of value in carrying
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