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[Senate Report 107-337]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 750
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-337

======================================================================

 
                 EDUCATION SCIENCES REFORM ACT OF 2002

                                _______
                                

               November 12, 2002.--Ordered to be printed

                                _______
                                

   Mr. Kennedy, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                              R E P O R T

                         [To accompany S. 2969]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 2969) to provide for 
improvement of Federal education research, statistics, 
evaluation, information, and dissemination, and for other 
purposes, reports favorably thereon with an amendment in the 
nature of a substitute and recommends that the bill (as 
amended) do pass.

                                CONTENTS

                                                                   Page
  I. Introduction.....................................................1
 II. Purpose and summary..............................................1
 III Background and need for legislation..............................2
 IV. Legislative history and committee action.........................2
  V. Explanation of bill and committee views..........................4
 VI. Cost estimate...................................................14
VII. Regulatory impact statement.....................................18
VIII.Application of law to the legislative branch....................18

 IX. Section-by-section analysis.....................................18
  X. Changes in existing law.........................................39

                            I. Introduction

    S. 2969 was introduced by Senator Kennedy and Senator Gregg 
on September 19, 2002.

                        II. Purpose and Summary

    As reported by the Committee on Health, Education, Labor, 
and Pensions, S. 2969 continues an office within the Department 
of Education to conduct high quality research using a variety 
of scientifically valid methods, to evaluate Federal Education 
Programs as well as research conducted outside the Department, 
develop products, and to disseminate information that will 
improve the quality of education for all students. S. 2969 
provides a new structure to that office, to be known as the 
U.S. Institute for Education Sciences. The committee believes 
that the goal of providing every individual with a high quality 
education requires the continued pursuit of knowledge about 
education through research, development, data collection, 
synthesis, technical assistance and information dissemination.

                III. Background and Need for Legislation

    With the passage of the No Child Left Behind Act (NCLBA), 
P.L. 107-110 in 2001, States and school districts are more 
anxious than ever to get the best information on how to improve 
student achievement and underperforming schools. If schools are 
to be held accountable for the performance of their students, 
the Federal Government should stand accountable for offering 
our States, our schools and our citizens the research that 
meets the highest standards of scholarship and scientifically 
valid methodology.
    In 2000, the Panel on Improving Education Research, a 
bipartisan group concerned about the quality of education 
research and the public perception of OERI, made 
recommendations as follows:
          Create a National Center for Education Research 
        within OERI;
          Establish a Commissioner of Education Research;
          Re-define the Assistant Secretary's Role;
          Emphasize the Priority-Setting Responsibilities of 
        the National Educational Research Policy and Priorities 
        Board;
          Improve the Office of Dissemination to Expand Access 
        to Research Information;
          Allow a Balance of Institutes, Centers, and Field-
        Initiated Studies;
          Create a New Capacity to Recruit and Retain Expert 
        Staff Through an Expanded Excepted Appointing 
        Authority; and
          Provide a Responsible Level of Appropriations.
    The committee took these recommendations seriously and 
invited researchers, policymakers and practitioners to offer 
suggestions on how to elevate the status of Federal education 
research and provide meaningful assistance to States and 
schools across the country.
    The new legislation was built on the most successful 
aspects of the current organization and those of other Federal 
research agencies with the primary goal of providing educators 
and policymakers with reliable research, statistics and 
technical assistance in order to improve the quality of 
education in America's schools.

              IV. Legislative History and Committee Action

    Legislation specifically authorizing educational research 
and development began with the creation of the National 
Institute of Education (NIE) in 1972. Since that time Congress 
has acted on education research in eight key pieces of 
legislation:
          The 1972 establishment of NIE;
          The 1974 establishment of the National Center for 
        Education Statistics (NCES);
          The 1978 authorization of the National Assessment of 
        Educational Progress (NAEP);
          The 1979 establishment of the Department of 
        Education;
          The 1985 termination of NIE and establishment of 
        OERI;
          The 1988 reauthorization of NCES and NAEP;
          The 1994 reauthorization of OERI, NCES and NAEP; and
          The 2002 reauthorization of NAEP, requiring state 
        participation, in NCLBA.
    Federal education research and statistics activities are 
currently administered by the Office of Educational Research 
and Improvement (OERI) of the U.S. Department of Education. 
OERI conducts a variety of programs that include educational 
research, development, dissemination, statistics, assessment, 
and regional education assistance. OERI is charged with 
extending knowledge about education through its research 
activities and to provide leadership in the conduct and support 
of scientific inquiry into the educational process.
    The purpose of NCES is to ensure the collection and 
reporting of information on the condition and progress of 
education in the United States (and other nations) in order to 
promote and accelerate the improvement of American education.
    The purpose of NAEP is to provide a fair and accurate 
portrayal of educational achievement in reading, writing, and 
other subjects.
    Since 1994, OERI has maintained five national education 
research institutes (which in turn have supported research and 
development centers), various national dissemination 
activities, ten regional education laboratories, the ERIC 
system of 16 clearinghouses, and NCES.
    The five OERI Institutes are: Student Achievement, 
Curriculum, and Assessment; Education of At-Risk Students; 
Governance, Finance, Policymaking, and Management; Early 
Childhood Development and Education; and Postsecondary 
Education, Libraries, and Lifelong Learning.
    The Institutes have in turn supported university-based 
research and development centers and field-initiated studies.
    The OERI dissemination activities have included:
          Educational Laboratories for ten geographic regions 
        to meet regional needs;
          The National Library of Education;
          ERIC and its system of sixteen clearinghouses;
          A school facilities information clearinghouse;
          Dissemination of promising and exemplary practices; 
        and
          Electronic dissemination of information.
    The NCES is required to issue three comprehensive annual 
reports--the Digest of Educational Statistics; the Condition of 
Education; and Projections of Education Statistics--and other 
regular and special reports on selected topics. Six statistical 
program areas were specified in 1994 as follows:
          Institutional census surveys at the preschool, 
        elementary, secondary, and postsecondary levels, 
        providing basic information on students, teachers, 
        schools, and libraries, as well as financial 
        information;
          Special purpose cross-sectional surveys providing 
        nationally representative data on education service 
        providers and consumers, with collection cycles varying 
        from annually to once a decade;
          Longitudinal surveys, collecting in-depth information 
        on the same students as they progress over time in 
        obtaining their education;
          International studies, providing comparisons of 
        educational systems and their possible relationship to 
        economic growth and competition;
          Statistical research, development, and report 
        compilations, to enhance the quality and usefulness of 
        education data collection; and
          Training, technical assistance, and dissemination, to 
        assist education agencies, organizations, and 
        institutions.
    The NAEP must collect data from samples that are 
representative of the national, State and regional levels. 
Assessments must take place periodically, but at least every 2 
years, of students ages 9, 13, and 17, and for grades 4, 8, and 
12 in public and private schools. The nonfederal share of state 
assessments must be paid from nonfederal sources. In addition, 
the 25 member National Assessment Governing Board must 
formulate policy guidelines for the NAEP.
    Senators Kennedy and Gregg introduced S. 2969 on September 
19, 2002, and a Substitute was unanimously accepted and passed 
through the HELP Committee on September 25, 2002.

               V. Explanation of Bill and Committee Views

    S. 2969 changes the organization of OERI and establishes 
the United States Institute for Education Sciences. The 
Institute is headed by a Director, who will be presidentially-
appointed and confirmed by the Senate and shall have the same 
standing as the current Assistant Secretary.
    The mission of the Institute is to provide national 
leadership in expanding fundamental knowledge and understanding 
of education from early childhood through postsecondary study 
in order to provide parents, educators, students, researchers, 
policymakers, and the general public with reliable information 
about the condition and progress of education in the United 
States; educational practices that support learning, and 
improve academic achievement and educational equity for all 
students; and the effectiveness of Federal and other education 
programs.
    The Institute shall include the Office of the Director and 
four Centers: the National Center for Education Research, the 
National Center for Education Statistics, the National Center 
for Education Evaluation, and the National Center for Knowledge 
Utilization in Education.
    The Institute shall conduct and support scientifically 
valid basic and applied research, statistics activities, 
evaluation and development and shall widely disseminate the 
findings and results. In addition the Institute will work to 
promote the use and application of research to improve 
classroom practice.
    The Institute shall have a 15 member board of directors, 
known as the National Board for Education Sciences. The 15 
members shall be appointed by the President, with the advice 
and consent of the Senate, with not fewer than eight members 
representing researchers, and the other members representing 
teachers, local and State education officers and experts, 
parents, business and policy-makers. The Board shall work with 
the Director to establish priorities, to improve the 
effectiveness of the agency and to expand the dissemination of 
quality research.
    The committee feels strongly that it is imperative to raise 
the quality of research conducted at the Institute, and the 
Institute's standing in the research community. Raising the 
quality of scholarship of the Institute should be a top 
priority. In order to support that goal, the Director is given 
the authority to retain the ability to appoint excepted 
scientific or technical employees, following the current 
practice of 30-day notice to allow qualified employees the 
opportunity to apply for such positions. The total number of 
such employees may not exceed the greater of either 30 
employees or \1/5\ of the number of full-time employees.
    In order to strengthen the national capacity for carrying 
out high quality research, statistics and evaluation, the 
Director is directed to establish and maintain research, 
statistics and evaluation fellowships in institutions of higher 
education that support graduate and postgraduate study, 
including minority serving institutions, with particular 
attention to the recruitment of women and minorities.
    Each of the National Centers will be headed by a 
commissioner appointed by the Director, except the Commissioner 
of the National Center for Education Statistics. The committee 
feels strongly that it is important to maintain the current 
status of the Statistics Commissioner--being presidentially 
appointed with the advice and consent of the Senate, in order 
to maintain the independence of statistical collection and 
analysis.
    Each of the Commissioners will be appointed for 6-year 
terms. Several provisions of the bill create presidentially 
appointed and Senate confirmed individuals who serve for a 
specified term of years. For example, section 114 creates a 
presidentially appointed and Senate confirmed Director of the 
Institute who serves for a term of 6 years, section 116 creates 
a National Board for Education Sciences with presidentially 
appointed and Senate confirmed members who serve for a term of 
4 years, and Section 117(b) creates a presidentially appointed 
and Senate confirmed Commissioner for Education Statistics who 
serves for a term of 6 years. Similarly, section 117(a)(3) 
provides for the appointment of commissioners of the National 
Centers for a term of 6 years. The committee understands that 
these officials may be removed by the President (or, in the 
case of the commissioners, the Director) prior to the 
expiration of their terms. See Parsons v. United States, 167 
U.S. 324 (1897).
    In order to ensure the quality of work at the Institute, 
all the commissioners shall ensure that all work conducted 
follows scientifically based standards, as well as using a peer 
review system involving highly qualified individuals to ensure 
that all work is objective, secular, neutral, nonideological 
and free of partisan political influence and racial, cultural, 
gender or regional bias.
    The Director shall complete a biennial report that includes 
a description of the activities carried out through the Centers 
and how they relate to the mission of the Institute; a summary 
of every grant, contract and cooperative agreement in excess of 
$100,000; and any other materials that the Director feels would 
inform Congress and the public about the findings of 
scientifically valid research conducted by the Institute.

               THE NATIONAL CENTER FOR EDUCATION RESEARCH

    In order to ensure the highest quality research, the 
Commissioner shall support rigorous, peer-reviewed research to 
determine practices that improve the teaching and learning of 
students, especially in reading, mathematics, and science, and 
through the use of technology.
    The No Child Left Behind Act requires annual testing of 
reading and mathematics of students in grades 3 through 8. 
States and school districts will identify schools that are low-
performing on the basis of such tests. As of school year 2007-
08, schools will be required to carry out standards-based 
assessments and will be held accountable for student 
performance on those assessments. Due to the critical 
importance of mathematics and science knowledge, the committee 
believes that it is valuable to invest in high-quality research 
to determine the best methods of teaching those subjects. 
Empowered with the knowledge of effective mathematics and 
science instructional practices, the committee will be better 
positioned to argue effectively for more funding for the Math 
and Science Partnership Program.
    In order to ensure that there is a reliable base of 
scientifically valid research, 50 percent of the funds 
available for research shall be used to fund long-term research 
programs. The Commissioner is permitted to establish up to 15 
Research Centers for the long-term and continued study of 
research in areas of ongoing national need. To ensure quality 
research within areas that are affected by other authorizing 
legislation, the committee feels that those centers shall 
include:

Adult Literacy Research Center

    A Center for Adult Literacy is authorized to conduct 
scientifically valid research that would help build effective, 
cost-efficient education programs that provide instruction and 
support services for adults who have low literacy and math 
skills, who do not speak English well, or who do not have a 
high school diploma. These programs are known as Adult Basic 
Education (ABE), English for Speakers of Other Languages 
(ESOL), and Adult Secondary Education (ASE). The Center should 
also (1) describe the adults who need these services in ways 
that are useful for designing instruction and support services, 
(2) identify policies that improve instruction and support 
services, and (3) explore the use of technology as a tool for 
expanding and improving adult programs.
    Evaluation of these programs should include measuring 
instructional progress and program impact, especially on the 
adults' ability to perform as workers, parents, citizens and 
life-long learners.

Assessment, Standards and Accountability Research Center

    A Center for Assessment, Standards and Accountability 
Research is authorized to conduct research to assist States, 
local educational agencies and schools to implement high 
standards, fair and effective assessment and accountability 
systems that are consistent with the requirements of the No 
Child Left Behind Act. The research of the Center shall 
include: (1) effective practices for developing and revising 
academic content and achievement standards; (2) design and 
evaluation of State accountability systems; (3) effective 
strategies for benchmarking and alignment of standards to 
assessments; (4) the demand for, impact of, and quality of 
school improvement and corrective action activities on 
improving low-performing schools, especially in rural and urban 
schools and in schools with large Native American populations; 
(5) uses of multiple measures in state accountability systems, 
and the use of assessments that measure the academic progress 
and growth of students over time; (6) strategies for developing 
State standards for English language development, and assessing 
English proficiency of LEP students; (7) effective strategies 
to help teachers in the application of assessment data to 
classroom practice; (8) the use of alternative assessments for 
children with disabilities and effective accommodations for LEP 
students and children with disabilities in large-scale 
assessments programs; (9) the effectiveness of criterion-
referenced and norm-referenced assessments in state 
accountability systems; (10) the impact of statewide 
assessment, if any, on teacher retention, graduation rates, 
course content, curricular offerings and other factors; or (11) 
other research that furthers the Center's mission.

Early Childhood Development and Education Center

    It is the intention of the committee that the Early 
Childhood Development and Education Center authorized under 
title I should conduct research on the following topics: 
strategies for increasing cognitive, emotional, social and 
physical development for children at any age from birth through 
the age at which the child may start primary school; cognitive 
development of infants and toddlers and the relationship of 
development and learning prior to both entry into school and 
later success in school; access to high quality early childhood 
care and education and the effects of such care and education 
on school readiness; the availability of high-quality early 
childhood care and education programs that meet the needs of 
working families; characteristics of literacy programs for 
children prior to entry to school and their later school 
success; strategies for increasingliteracy through family based 
intervention programs; the transition to school as children move from 
home and other early childhood settings into kindergarten; the 
professional development of early childhood personnel and the relation 
of that training to child development and school readiness; the unique 
early childhood developmental and educational needs of children with 
disabilities, and how to address those needs through high quality early 
childhood care and education programs, including professional 
development for early childhood service providers; or other topics 
relevant to the mission of the Early Childhood Development and 
Education Center.

English Language Learners Research Center

    An English Language Learners Research Center is authorized 
to conduct research that would help develop research-based 
instructional practices for linguistically diverse learners by 
examining second language acquisition and language instruction 
educational models for serving LEP students, including methods 
for integrating core academic content areas into language 
instruction educational programs. The Center also should 
conduct research on: (1) how LEP students are being included in 
the State accountability systems; (2) methods used by States to 
assist school districts in building capacity to establish and 
sustain native language instructional support for LEP students; 
(3) effective professional development and training activities 
for mainstream teachers in the areas of educational linguistics 
and second language acquisition; (4) effective newcomer and 
immigrant education programs; (5) the impact of sociocultural 
factors, linguistic background, and refugee or asylum status on 
achievement of LEP students, and integration into all-English 
classrooms; (6) methods to promote parental and community 
participation in language instruction educational programs; (7) 
effective methods of evaluation for language instruction 
educational programs; or (8) other research that furthers the 
Center's mission.

Improving Low Achieving Schools Research Center

    A Center for Improving Low Achieving Schools is authorized 
to conduct research that would help develop and implement 
effective programs for improving student achievement, 
especially in reading, math, and science, at schools with high 
concentrations of poverty, minorities, students with 
disabilities, and Limited English Proficiency students. The 
Center should focus particularly on schools that are not 
meeting Adequate Yearly Progress or are at risk of not meeting 
Adequate Yearly Progress, as defined by the No Child Left 
Behind Act of 2001.

Center on Innovation in Education Reform

    The Center on Innovation in Education Reform shall conduct 
scientifically valid research identifying (1) the best 
practices in the design and implementation of educational 
reform programs involving charter schools, magnet schools, 
public school choice, extended learning, or whole-school 
reform; (2) the effectiveness of such reform programs in 
improving student academic achievement, particularly in school 
districts with high concentrations of disadvantaged students; 
or (3) other topics relevant to innovative school reform 
programs.

Postsecondary Education and Training Center

    A Center on Postsecondary Education and Training is 
authorized to conduct research on: (1) academic access and 
preparation for postsecondary education and training such as 
academic readiness, transition to postsecondary education, 
enrollment rates, and persistence rates; (2) financial access 
to postsecondary education and training such as the 
availability of different types of financial aid, the impact of 
different types of financial aid on the decision to enroll and 
persist in postsecondary education, the impact of debt burden 
on college enrollment, persistence and career choices, and 
trends in college costs; (3) strategies and statistical 
analyses on how to prepare a diverse student body to 
participate in today's labor force; (4) the impact of 
postsecondary education and training on labor force development 
and economic growth; and (5) the impact of distance education 
on access to postsecondary education and the academic success 
of the students who choose to utilize distance education.

State and Local Policy Center

    A State and Local Policy Center is authorized to conduct 
research to examine the effects of State and local policy 
reforms on students' access to educational opportunities and 
success academically and in life, including policies on school 
finance, school staffing and organization (including efforts to 
improve teacher quality), K-16 linkages, meeting accountability 
requirements, elementary and secondary school reform, 
intergovernmental relationships, utilization of best practices 
based on scientifically valid research, or other research that 
furthers the center's mission.

Teacher Quality

    In order to better meet the requirements of No Child Left 
Behind, the Center for Teacher Quality shall conduct research 
on issues that impact the teaching profession. Research should 
include studies of (1) the effectiveness of teacher training 
programs through traditional and alternative routes to 
certification; (2) innovative measures to attract, retain and 
continue to build the skills of teachers through high quality 
in-service and pre-service professional development programs; 
and (3) performance assessment, hiring practices and 
compensation policies. The committee feels strongly that any 
research done on teacher quality should give special attention 
to improving the quality of teachers in high need public 
elementary and secondary schools, as well as fields with high 
vacancy rates, such as mathematics, science, English language 
learning and special education.

Rural Education Research Center

    A Center for Rural Education is authorized to conduct 
research on (1) increasing the capacity of rural schools to 
initiate and sustain systemic changes designed to facilitate 
high levels of academic achievement for all students; (2) 
effective methods of utilizing distance education to improve 
elementary, secondary, and postsecondary education for rural 
students; (3) ensuring all rural students have access to 
postsecondary education and training; (4) other topics relevant 
to improving education in rural areas.
    All of the Research Centers will be awarded contracts for 
up to 5 years to conduct research on the relevant topics, which 
may be renewed for up to 5 years without recompeting if the 
Commissioner and the Director feel that the quality of work and 
the needs in the field require such continuation. The committee 
intends for grants for National Research and Development 
Centers to be awarded to the most eligible applicant. While 
current eligible Research and Development Center grantees are 
limited to institutions of higher education, we recognize that 
other entities or consortia who demonstrate the ability to 
conduct scientifically valid research and have the capacity to 
successfully conduct the required functions should be eligible 
to compete. To the extent feasible, all research carried out 
under this subsection shall be disaggregated by age, race, 
gender, and socio-economic background so that it may be most 
useful to States and schools seeking to replicate results.

                  THE CENTER FOR EDUCATION STATISTICS

    The Commissioner for the Center for Education Statistics 
shall collect, analyze and report education data. The new 
requirements make the accurate and timely report of the NCES 
critical if States and school districts are to comply with the 
new reporting requirements of NCLBA. Data on student 
achievement, teacher quality, school financing and retention 
and completion rates will be of increased interest to parents, 
teachers, school officials and policymakers.
    The committee feels strongly that NCES should develop a set 
of standards and guidelines to assist states in the development 
of statewide systems to collect data on student achievement, 
progress and other relevant points. Regarding Section 
153(a)(5), the committee feels that the NCLBA requires LEA's 
and schools to collect detailed information on student 
performance and make this data available to the public. The 
committee believes that NCES would be able to provide valuable 
assistance to States and LEA's without significant past 
experience in collecting, standardizing, and disseminating this 
type of data. The standards and guidelines should focus on the 
statistical questions surrounding data collection, such as how 
to track students over time and how to protect student privacy, 
and ways to ensure the quality and integrity of data. The 
guidelines should also be consistent with ensuring the 
appropriate use of student performance data and should 
encourage interoperability across States to track migrant and 
homeless students and others who may move among States.
    Although NCES may indicate best practices, the committee 
feels that the standards should be guidelines, not particular 
software, and that those guidelines are not intended to 
establish one mandatory reporting format. Nothing in section 
153(a) shall be construed to require a State educational agency 
to comply with such a standard or guideline.
    In addition, by proposing a set of guidelines and 
encouraging States to use them when and if they apply for the 
grant program authorized in title II for statewide, 
longitudinal data systems, it can help encourage a similar 
process for data collection across the country which will allow 
for better comparisons across the States. These high quality 
longitudinal data systems will be integral to ensuring that no 
child is left behind.
    The No Child Left Behind Act (NCLB) requires State 
education departments and local school districts to ensure that 
low-income and minority students are not taught 
disproportionately by inexperienced, unqualified, or out-of-
field teachers. The data collected and disseminated by the 
Department plays a critical role in evaluating compliance with 
this important obligation. Although local school districts and 
State departments of education will begin self-reporting on 
these issues, only the Department has the capacity to provide 
comparable national data with which to conduct state-by-state 
and within State analyses of teacher distribution. The SASS 
survey provides valuable information on this issue, but the 
most recent survey has taken 5 years to be conducted. The 
Department has utilized its Fast Response Survey protocol 
periodically to examine teacher quality issues on a more 
frequent basis, but the sample size has been insufficient to 
allow reliable state-by-state and within State analysis of 
teacher quality and distribution. To facilitate a better 
understanding of teacher distribution and to provide an 
external data source with which to evaluate compliance with the 
teacher quality and distribution provisions of NCLB, the 
committee urges NCES to collect and disseminate data regarding 
the qualifications of the distribution of teachers on an annual 
or semiannual basis.

              NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

    The committee feels strongly that it is important to 
maintain the independence of the National Assessment of 
Educational Progress (NAEP), especially with the expanded role 
it is assigned under NCLBA. The committee has added overseeing 
the release of NAEP data to the public to the duties of the 
National Assessment Governing Board to make the Assessment 
Board responsible for planning and for executing NAEP data 
releases. The committee also agrees that the Assessment Board 
is responsible, with respect to NAEP, for developing and 
overseeing the implementation of the peer review process 
described in section 186(c).

              THE NATIONAL CENTER FOR EDUCATION EVALUATION

    The Commissioner of the National Center for Education 
Evaluation will decide on a scope of work that will include the 
evaluation of Federal programs, conduct field-based evaluations 
of state and local programs and oversee the quality of other 
evaluations done with the Department.

       THE NATIONAL CENTER FOR KNOWLEDGE UTILIZATION IN EDUCATION

    The Commissioner of the National Center for Knowledge 
Utilization in Education is responsible for the wide 
dissemination of research, statistics and evaluation conducted 
at the Institute in a manner that is user-friendly for the 
members of the broad education community and the oversight of 
the National Education Library and the ERIC system. The 
committee believes that the Commissioner should have the 
ability to restructure the ERIC system to improve quality and 
efficiency, but the committee also believes that all of the 
topics currently covered by the ERIC system should continue to 
be covered under any new configuration.
    In requiring the dissemination of the most current research 
findings, the committee believes that access to older research 
reports, findings, and information remains both useful and 
necessary. The committee does not intend for older research 
reports, findings, and information to be deleted from the 
dissemination mechanisms of the National Center for Knowledge 
Utilization in Education or the U.S. Department of Education.
    The Commissioner is also directly responsible for the 
Regional Education Laboratories. The Regional Education 
Laboratories are responsible for conducting applied research 
reflecting the needs of the field, providing technical 
assistance and professional development to states and school 
districts as they begin to implement the requirements of NCLBA, 
developing products to improve student achievement and 
educational access, and disseminating information on research 
within their region.
    The Regional Education Laboratories (REL) shall collaborate 
with other technical assistance providers in their region to 
ensure the broadest coverage and nonduplication when providing 
assistance to States and local school districts, with a 
priority on serving high poverty urban and rural school 
districts. Each REL will conduct a biennial needs assessment of 
their region with the cooperation of their governing board.
    The committee intends that the REL, in establishing its 
regional governing board, shall include the Chief State School 
Officer from each State in the region, and the REL shall select 
from nominations received from organizations representing 
superintendents, principals, institutions of higher education, 
teachers, parents, business, and researchers in the states in 
the Regional Education Laboratory's region.
    In making selections from among these nominations, the REL 
shall ensure that the board maintains a regional and technical 
expertise balance; the REL should not be expected to select all 
nominations to do so.

                                TITLE II

    Currently there are a variety of underfunded regional 
technical assistance providers. The committee established in 
title II the provision for no fewer than 20 Comprehensive 
Centers, which will include individual agencies or consortia of 
training providers, who will offer technical assistance and 
professional development to district and school staff in 
implementing school reform projects.
    While recognizing the contribution of all the regional 
technical assistance providers in an attempt to respond to the 
comprehensive needs of schools, the committee does not 
reauthorize the Eisenhower Math and Science Consortia, or the 
Regional Technology Assistance Centers (R-Techs).
    In order to cause a minimum disruption in the services to 
schools, the committee extends the awards to all existing 
regional technical assistance providers--the Eisenhower 
Consortia, the R-Techs and the existing comprehensive centers 
through FY 04. In establishing the new Comprehensive Centers in 
Title II, Section 203 of this Act, the members of the committee 
intend that the current Regional Technology in Education 
Consortia and Eisenhower Regional Mathematics and Science 
Consortia will continue their services through the 2003-04 
school year. We encourage the Department of Education to 
conduct a competition for the new Comprehensive Centers in the 
2003-04 school year so that these centers will begin their 
services with the 2004-05 school year. In order to ensure that 
SEA's, LEA's and local schools receive the needed technical 
assistance throughout this transition into the new 
Comprehensive Centers, it is also our intention that there 
shall be no gap in services for these entities. The members of 
the committee would encourage those existing Regional 
Technology in Education Consortia and Eisenhower Regional 
Mathematics Consortia to submit an application to become a 
Comprehensive Center.
    It is the intent of this committee that when that new 
competition is held that the amount dedicated to technical 
assistance and professional development will be greater than 
the $53 million that is currently appropriated. It is critical 
if schools are to rely on one Comprehensive Center to provide 
service to them in reading, mathematics, science, English 
language learning, and technology that the number of Centers, 
as well as the funding for each Center, should reflect the 
scope of the job. It is equally important that the applicants 
for the new Comprehensive Centers reflect demonstrated 
expertise in delivering technical assistance and professional 
development in reading, mathematics, science, English language 
acquisition and the use of technology, to improve teaching and 
learning in those areas.
    The authorizations for the continuation of both the 
Eisenhower National Clearinghouse and the Education Facilities 
Clearinghouse are also in title II. Both entities provide an 
important service to schools and the committee encourages 
efforts to improve their quality and expand their use.
    As states begin the implementation of the reporting 
requirements for the NCLBA, some states are finding that their 
technology infrastructure is unable to comply with the 
collection, disaggregation and reporting of school data. In 
response to this need, the committee has given the Secretary 
the authority to award competitive grants to States to upgrade 
their technology without new authorization.

             CONDITION OF EDUCATION IN RURAL SCHOOLS REPORT

    The committee acknowledges the positive impact made by the 
U.S. Department of Education's Office of Educational Research 
and Improvement in producing the Condition of Education in 
Rural Schools report in 1994. The committee encourages the 
Institute for Education Sciences to produce future Condition of 
Education in Rural Schools reports on a regular basis. The 
committee further encourages the Institute to include topics 
addressed in the original 1994 report and additional issues, 
including the role and impact of technology for rural schools, 
the latest research and statistics on the state of rural 
schools facilities, population declines, cost factors, 
transportation issues and data associated with English language 
learners in rural schools. Furthermore the committee strongly 
urges the report to identify the state of the knowledge base 
for rural education research and what additional research is 
needed to inform the education research and policy community in 
its endeavor to assist rural schools.
    The committee also encourage the Institute to utilize 
existing rural education resources within the Department, 
including the new National Center for Rural Education, 
Navigating Resources for Rural Schools, Pulling Together: R&D 
Resources for Rural Schools, and the ERIC Clearinghouse on 
Rural Education and Small Schools in the development of future 
reports.

                           VI. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 30, 2002.
Hon. Edward M. Kennedy,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2969, the Education 
Sciences Reform Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 2969--Education Sciences Reform Act of 2002

    Summary: S. 2969 would restructure and reauthorize programs 
authorized under the National Education Statistics Act of 1994, 
and the Educational Research, Development, Dissemination, and 
Improvement Act of 1994. These programs previously were 
authorized through fiscal year 2002. S. 2969 would reorganize 
and reauthorize these programs through 2008.
    The bill would authorize total appropriations of $734 
million in 2003. CBO estimates that total authorizations under 
S. 2969 would amount to about $4.6 billion over the 2003-2008 
period, assuming that annual levels are adjusted to keep pace 
with inflation when specific annual authorization are not 
provided. (Without such inflation adjustments, total 
authorizations would be about $4.4 billion over the 2003-2008 
period.) CBO estimates that appropriations of the authorized 
levels would result in additional outlays of $3.9 billion over 
the 2003-2008 period if inflation adjustments are included (and 
about $3.7 billion without inflation adjustments). Enacting the 
bill would not affect direct spending or receipts.
    S. 2969 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would authorize programs and grants for educational 
research, and state, local, and tribal governments would 
benefit from both funding and technical assistance. Any costs 
they incur as a result of applying for and receiving the grants 
would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2969 is shown in Table 1. The costs of 
this legislation fall within budget function 500 (education, 
training, employment, and social services).

           TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2969, THE EDUCATION SCIENCES REFORM ACT OF 2002
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, in millions of dollars--
                                                  --------------------------------------------------------------
                                                     2002     2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                         WITH ADJUSTMENTS FOR INFLATION

Spending under Current Law:
    Budget Authority \1\.........................      444        0        0        0        0        0        0
    Estimated Outlays............................      366      317       89        0        0        0        0
Total Proposed Changes:
    Estimated Authorization Level................        0      734      749      764      779      795      811
    Estimated Outlays............................        0      184      591      750      765      780      796
Spending Under S. 2969:
    Estimated Authorization Level................      444      734      749      764      779      795      811
    Estimated Outlays............................      366      500      680      750      765      780      796

                                        WITHOUT ADJUSTMENTS FOR INFLATION

Spending Under Current Law:
    Budget Authority \1\.........................      444        0        0        0        0        0        0
    Estimated Outlays............................      366      317       89        0        0        0        0
Total Proposed Changes:
    Estimated Authorization Level................        0      734      734      734      734      734      734
    Estimated Outlays............................        0      184      587      734      734      734      734
Spending Under S. 2969:
    Estimated Authorization Level................      444      734      734      734      734      734      734
    Estimated Outlays............................      366      500      676      734      734      734      734
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the National Education
  Statistics Act and the Educational Research, Development, Dissemination, and Improvement Act.

Note.--Components may not sum to totals because of rounding.

    Basis of estimate: S. 2969 would reorganize and reauthorize 
programs created under the National Education Statistics Act 
and the Educational Research, Development, Dissemination, and 
Improvement Act. All programs would be reauthorized at specific 
levels for 2003 and for such sums as may be necessary for 2004 
through 2008.
    S. 2969 would increase authorized levels by $734 million in 
2003 and by an estimated $4.6 billion over the 2003-2008 period 
assuming that ``such sums'' amounts provided after 2003 are 
adjusted for inflation. If the authorized amounts are 
appropriated, outlays would increase relative to current law by 
$194 million in the first year and by $3.9 billion over the 
six-year period. (Without inflation adjustments, the increased 
authorizations would result in outlays of $3.7 billion over the 
six years.)
    Table 2 presents CBO's estimates with inflation adjustments 
for the various components of each title under S. 2969. The 
bill specifies authorization levels for 2003 and CBO's estimate 
of authorization levels for subsequent years reflect inflation 
adjustments to the 2003 amounts. The estimated outlays reflect 
historical rates of spending for the affected programs.
            Title I--Education Sciences Reform
    Title I of S. 2969 would authorize a total of $520 million 
in 2003. CBO estimates the total funding for title I for the 
2003-2008 period would be $3.3 billion, assuming adjustments 
for inflation, with resulting outlays of $2.7 billion over 
those six years.
    Part A--The United States Institute for Education Sciences. 
The institute would replace the current Office of Education, 
Research, and Improvement although it would continue to support 
and conduct education research and statistics activities. The 
institute would oversee the National Education Centers created 
in Parts B, C, D, and E and would be run by a director and 
overseen by a National Board for Education Sciences. Although 
more autonomous in structure, the institute would remain part 
of the Department of Education.
    Part B--National Center for Education Research. S. 2969 
would structure and rename the current National Education 
Research Institutes into the National Research and Development 
Center. The center's mission would include sponsoring research 
into a broad range of activities intended to enhance 
educational quality. It would support up to 15 other research 
and developmental centers, 10 of which would focus on specific 
areas of research such as adult literacy, educational 
assessment, improving low achieving schools, teacher quality, 
and other topics.
    Part C--National Center for Education Statistics. Part C 
would reauthorize the National Center for Education Statistics. 
The center would continue and analyze data and report the 
information to practitioners, researchers, policymakers, and 
the public.

TABLE 2.--DETAILED EFFECTS OF S. 2969, THE EDUCATION SCIENCES REFORM ACT OF 2002, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, in millions of dollars--
                                                  --------------------------------------------------------------
                                                     2002     2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority \1\.........................      444        0        0        0        0        0        0
    Estimated Outlays............................      366      317       89        0        0        0        0
Proposed Changes:

                                       Title I--Education Sciences Reform

    United States Institute for Education
     Sciences:
        Estimated Authorization Level............        0      400      408      416      425      433      442
        Estimated Outlays........................        0      100      322      409      417      425      434
    Regional Educational Laboratories:
        Estimated Authorization Level............        0      120      122      125      127      130      133
        Estimated Outlays........................        0       30       97      123      125      128      130
        Subtotal:
            Estimated Authorization Level........        0      520      531      541      552      563      575
            Estimated Outlays....................        0      130      419      531      542      553      564

                    Title II--Regional Educational Applied Research and Technical Assistance

    School Facilities Clearinghouse:
        Estimated Authorization Level............        0        2        2        2        2        2        2
        Estimated Outlays........................        0        1        2        2        2        2        2
    Comprehensive Centers and Data Systems Grant
     Program:
        Estimated Authorization Level............        0      100      102      104      106      108      111
        Estimated Outlays........................        0       25       81      102      104      106      108
        Subtotal, Title II:
            Estimated Authorization Level........        0      102      104      106      108      111      113
            Estimated Outlays....................        0       26       82      104      106      108      111

                             Title III--National Assessment of Educational Progress

    National Assessment Governing Board:
        Estimated Authorization Level............        0        5        5        5        5        5        5
        Estimated Outlays........................        0        1        4        5        5        5        5
    National Assessment of Education Progress:
        Estimated Authorization Level............        0      108      110      112      114      116      119
        Estimated Outlays........................        0       27       87      110      112      114      117
        Subtotal, Title III:
            Estimated Authorization Level........        0      112      114      117      119      121      124
            Estimated Outlays....................        0       28       90      115      117      119      122
            Total Proposed Changes:..............
    Estimated Authorization Level................        0      734      749      764      779      795      811
            Estimated Outlays....................        0      184      591      750      765      780      796
Spending Under S. 2969:
    Estimated Authorization Level \1\............      444      734      749      764      779      795      811
    Estimated Outlays............................      366      500      680      750      765      780      796
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the National Education
  Statistics Act and the Educational Research. Development, Dissemination, and Improvement Act.

Note.--Components may not sum to totals because of rounding.

    Part D--National Center for Education Evaluation. This 
center would coordinate evaluations of federal education 
programs administered by the Secretary of Education to 
determine the impact of the programs, especially on student 
academic achievement in reading, mathematics, and science.
    Part E--National Center for Knowledge Utilization in 
Education. This center would house the 10 current regional 
educational laboratories, the National Library of Education, 
and the Educational Resources Information Center.
    Part F--General Provisions. Part F authorize $400 million 
in 2003 for the United States Institute of Education Sciences 
and its centers (excluding the regional 
educationallaboratories), and such sums as may be necessary for 2004 
through 2008. Funding in 2002 for comparable programs totaled $206 
million. Part F also would authorize $120 million for 2003 and such 
sums as may be necessary for each of the next five years for regional 
educational laboratories. Funding 2002 was $68 million.
            Title II--Regional Educational Technical Assistance
    Title II would authorize a total of $102 million in 2003 
and would authorize such sums as may be necessary in 2004 
through 2008. CBO estimates the total funding for title II for 
the 2003-2008 period would be $644 million, assuming 
adjustments for inflation, with resulting outlays of $537 
million over those six years.
    Comprehensive Centers and Grant Program for Statewide, 
Longitudinal Data Systems. S. 2969 would authorize $100 million 
in 2003 and such sums as may be necessary in 2004 through 2008 
for Comprehensive Centers and a grant program for statewide 
data systems. The Comprehensive Centers would work with state 
educational agencies and schools in the region on school 
improvement activities. The Statewide Longitudinal Data Systems 
program would award competitive grants to state educational 
agencies to design and develop statewide data systems to track 
individual student progress. Similar programs were funded at 
$58 million in 2002.
    School Facilities Clearinghouse. The bill would authorize 
$1.5 million in 2003 and such sums as may be necessary for 
years 2004 through 2008 for a school facilities clearinghouse. 
The clearinghouse would collect and disseminate information on 
best practices for school facility planning and operations. The 
program was funded at $1.1 million in 2002.
            Title III--National Assessment of Educational Progress
    Title III would authorize $4.6 million in 2003 for the 
National Assessment Governing Board and $107.5 million for 
National Assessment of Education Progress (NAEP), and would 
authorize such sums as may be necessary in 2004 through 2008 
for both programs. Both NAEP and the National Assessment 
Governing Board were amended in the No Child Left Behind Act of 
2001 but funding was not reauthorized in that act. Funding for 
NAEP and the governing board in 2002 is $4.05 million and 
$107.5 million, respectively.
    Repeals. S. 2969 would repeal the National Education 
Statistics Act of 1994, Parts A through E and Parts K through N 
of the Educational Research, Development, Dissemination, and 
Improvement Act of 1994 (title IX of the Goals 2000: Educate 
America Act), and section 401(b)(2) of the Department of 
Education Organization Act.
    Intergovernmental and private-sector impact: S. 2969 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would authorize programs and grants 
for educational research, and state, local, and tribal 
governments would benefit from both funding and technical 
assistance. Any costs they incur as a result of applying for 
and receiving the grants would be voluntary.
    Previous estimate: On April 3, 2002, COB transmitted a cost 
estimate for H.R. 3801, the Education Sciences Reform Act of 
2002, as ordered reported by the House Committee on Education 
and the Workforce on March 20, 2002. The two bills are similar; 
however, the authorizations of appropriations are structured 
differently and S. 2969 would authorize slightly higher total 
appropriations than H.R. 3801.
    Estimate prepared by: Federal costs: Donna Wong; impact on 
state, local, and tribal governments: Leo Lex; impact on the 
private sector: Nabeel Alsalam.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    VII. Regulatory Impact Statement

    The committee has determined that there will be minimal 
increases in the regulatory burden imposed by this bill.

           VIII. Application of Law to the Legislative Branch

    The Committee has determined that there is no legislative 
impact.

                    IX. Section-by-Section Analysis

                   Title I--Education Sciences Reform

Section 101. Short title

    The title may be cited as the ``Education Sciences Reform 
Act of 2002.''

Section 102. Definitions

    Defines key terms used in title I including: elementary and 
secondary school, local and State education agency, freely 
associated states and outlying areas; applied research; basic 
research; Board; bureau; comprehensive center; Department; 
development; Director; dissemination; early childhood educator; 
field-initiated research; historically Black colleges; 
Institute; institution of higher education; national research 
and development center; provider of early childhood services; 
scientifically based research; scientifically valid education 
evaluation; scientifically valid research; Secretary; and 
technical assistance;

       PART A--THE UNITED STATES INSTITUTE FOR EDUCATION SCIENCES

Section 111. Establishment

    There shall be in the Department of Education, the 
Institute for U.S. Education Sciences to be administered by a 
director and board of directors.
    The mission of the Institute is to provide national 
leadership in expanding fundamental knowledge and understanding 
of education from early childhood through postsecondary study. 
This will provide parents, educators, students, researchers, 
policymakers and the general public with information about: the 
condition and progress of education (including early education) 
in the United States; educational practices that support 
learning and improve academic achievement and educational 
equity for all students; and the effectiveness of Federal and 
other education programs.
    The Institute shall compile statistics, develop products, 
and conduct research, evaluations, and wide dissemination 
activities in areas of demonstrated national need that are 
supported by federal funds appropriated to the Institute. The 
Institute shall also ensure that activities: conform to high 
standards of quality, integrity, and accuracy, and are 
objective, secular, neutral, and non-ideological, and are free 
of partisan political influence and racial, cultural, gender, 
or regional bias.
    The Institute shall consist of: The Office of the Director; 
The National Board for Education Sciences; and The National 
Centers, including the National Center for Education Research, 
the National Center for Education Statistics, the National 
Center for Education Evaluation, and the National Center for 
Knowledge Utilization in Education.

Section 112. Functions

    Through funding, the Institute, directly or through grants, 
contracts, or cooperative agreements, shall: conduct and 
support scientifically valid research activities, including 
basic research and applied research, statistics activities, 
scientifically valid education evaluation, development and wide 
dissemination; disseminate the findings and results of 
scientifically valid research in education; promote the use, 
development, and application of knowledge gained from 
scientifically valid research activities; strengthen the 
national capacity to conduct, develop, and disseminate 
scientifically valid research in education;promote the 
coordination, development, and dissemination of scientifically valid 
research in education within the Department and the Federal Government; 
and promote the use and application of research and development to 
improve teaching and learning.

Section 113. Delegation

    The Secretary shall delegate to the Director all functions 
for carrying out this title except that: nothing in this title 
or in the National Assessment of Educational Progress 
Authorization Act shall limit the role, responsibilities or 
authority of the National Assessment Governing Board with 
respect to the National Assessment of Educational Progress; 
appointments made to the National Assessment Governing Board; 
section 302 (f)(1) of the National Assessment of Educational 
Progress Authorization Act shall apply to the National 
Assessment Governing Board; and sections 115 and 116 shall not 
apply to both the National Assessment of Educational Program or 
the National Assessment Governing Board.
    The Secretary may assign the Institute responsibility for 
administering other activities, if those activities are 
consistent with: the Institute's priorities, as approved by the 
National Board of Education Sciences; or the Institute's 
mission, but only if those activities do not divert the 
Institute's focus from activities that are consistent with its 
priorities and mission.

Section 114. Office of the Director

    The President shall appoint the Director of the Institute 
with the advice and consent of the Senate.
    The Director shall serve a 6-year term. The first Director 
shall be the Assistant Secretary of the Office of Educational 
Research and Improvement. The Board may make recommendations to 
the President with respect to subsequent directors. The 
Director shall be paid the rate of level II of the Executive 
Schedule.
    In the future, the Director shall be selected from 
individuals who are highly qualified authorities in the fields 
of scientifically valid research, statistics, or evaluation in 
education, as well as management within the areas, and have a 
demonstration capacity for sustained productivity and 
leadership.
    The Director shall administer, oversee, and coordinate the 
activities carried out by the Institute, including the 
activities of the National Centers. In addition, the Director 
shall coordinate and approve budgets and operating plans for 
each of the National Centers for submission to the Secretary.
    The duties of the Director shall include: proposing 
Institute priorities to the Board; ensuring the methodology 
applied in conducting education research and related activities 
research, development, evaluation, and statistical analysis is 
consistent with the title; coordinating with both the 
Department and the Federal Government the work carried out by 
the Institute; advising the Secretary on research, evaluation, 
and statistics relevant to Department activities; establishing 
necessary procedures for technical and scientific peer review 
activities of the Institute; ensuring that all participants in 
research conducted or supported by the Institute are afforded 
their privacy rights and other relevant protections in 
accordance to the U.S. Code and General Education Provisions 
Act; ensuring activities conducted or supported by the 
Institute are objective, secular, neutral, and non ideological 
and are free of partisan political influence and racial, 
cultural, gender, or regional bias; increasing participation of 
researchers and institutions that have been historically under-
utilized in Federal education research activities, including 
minority-serving institutions; coordinating with the Secretary 
to promote and provide coordination of research and development 
activities and technical assistance activities between the 
Institute and comprehensive centers; soliciting and considering 
recommendations of education stakeholders to ensure broad and 
regular public and professional input from the educational 
field in the Institute's activities; coordinating the 
dissemination of information on scientifically valid research; 
and carrying out and supporting other activities consistent 
with the priorities and mission of the Institute.
    The Director may establish technical and scientific peer-
review groups and scientific program advisory committees for 
research and evaluations, as the Director deems necessary. The 
Director shall appoint personnel to serve as members of such a 
group or committee, without additional compensation.
    The Director may review the products and publications of 
other offices of the Department to certify that evidence-based 
claims about those products and publications are 
scientifically-valid.

Section 115. Priorities

    The Director shall propose to the Board priorities for the 
Institute, which take into consideration long-term research and 
development on core issues conducted through the national 
Research and Development Centers. The Director shall identify 
topics that may require long-term research and topics that 
focus on understanding and solving particular education 
problems and issues, including those associated with the 
Elementary and Secondary Education Act and the Higher Education 
Act, such as: closing the achievement gap; ensuring that all 
children have access to a high-quality education and reach 
proficiency on challenging State academic achievement standards 
and assessments (particularly in math, science, and reading or 
language arts); educational access to postsecondary education; 
and the efficacy, impact on academic achievement, and cost-
effectiveness of technology use within the Nation's schools.
    The Board shall review the priorities proposed by the 
Director and make revisions, if necessary. The Board shall also 
transmit priorities to the appropriate congressional 
committees. The Board shall ensure that priorities for the 
Institute and National Centers are consistent with the 
Institute's mission.
    The Director shall make such priorities available to the 
public for comment through the Internet and the Federal 
Register before submitting them to the Board, and submit all 
comments to the Board. Upon the approval of priorities, the 
Director shall make the Institute's plan for addressing the 
priorities available for public comment.
    The Board shall approve or disapprove the priorities of the 
Institute, including any necessary revisions. In addition, the 
Board shall transmit approved priorities to the appropriate 
congressional committees. The Board shall also ensure that 
priorities of the Institute and the National Center for 
Educational Research and the National Center for Education 
Evaluation are consistent with the mission of the Institute.

Section 116. National Board for Education Sciences

    The Institute shall have a board of directors, known as the 
National Board for Education Sciences.
    The duties of the Board shall be to: advise and collaborate 
with the Director on policies; consider, approve, and guide the 
priorities proposed by the Director; review and approve 
procedures for technical and scientific peer review of the 
Institute's activities; advise the Director on the 
establishment of activities to be supported by the Institute; 
present the Director with recommendations for strengthening 
educational research and funding; advise the Director on the 
funding of applications for grants, contracts, and cooperative 
agreements for research after peer review; review and evaluate 
the Institute's work to ensure that scientifically valid 
research, evaluation, and statistical analysis are consistent 
with standards; advise the Director on ensuring that activities 
are objective, secular, neutral, and nonideological and free of 
partisan political influence and racial, cultural, gender, or 
regional bias; solicit advice and information from the 
educational field; advise the Director on opportunities for the 
participation and advancement of women, minorities, and persons 
with disabilities in research, statistics, and evaluation 
activities for the Institute; recommend ways to enhance 
strategic partnerships and collaborative efforts among Federal 
and State research agencies; and recommend to the Director 
individuals to serve as Commissioners of the National Centers.
    The Board shall have 15 voting members appointed by the 
President with the advice and consent of the Senate, the Board 
from the National Academy of Sciences, the National Science 
Board, and the National Science Advisor.
    The Board shall also have nonvoting ex officio members 
including: the Director of the U.S. Institute for Education 
Sciences; each commissioner of the National Centers; the 
Director of the National Institute of Child Health and Human 
Development; the Director of the Census; the Commissioner of 
Labor Statistics; and the Director of the National Science 
Foundation.
    The appointed members shall be highly qualified to appraise 
education research, statistics, evaluations, or development. It 
shall include not fewer than eight researchers in the field of 
statistics, evaluation, social sciences, or physical and 
biological sciences, which may include researchers recommended 
by the National Academy of Sciences. The Board shall also 
include individuals who are knowledgeable about the education 
needs of the country, and may include school-based professional 
educators, parents, chief state school officers, State 
postsecondary education executives, presidents of institutions 
of higher education, superintendents, early childhood experts, 
principals, members of State or local boards of education, and 
individuals from business and industry.
    Each member appointed to the Board shall serve a 4-year 
term. However, terms of initial members appointed shall be for 
staggered terms of: 4 years for each of 5 members; 3 years for 
each of 5 members and 2 years for each of 5 members. In 
addition, no Board member shall serve more than two consecutive 
terms. The Board is responsible for electing a chair from among 
the members.
    Members of the Board will not be paid, however they will 
receive travel expenses in accordance with the U.S.
    The Board shall have an executive director appointed by the 
Board.
    The Board shall utilize additional staff as may be 
appointed or assigned by the Executive Director, in 
consultation with the Chair and the approval of the Director.
    The Board may also use the services and facilities of any 
department or agency of the Federal Government and to the 
extent permitted by law, obtain information as they determine 
necessary to carry out its functions.
    The Board may enter into contracts or make arrangements as 
may be necessary to carry out its functions. The Board shall 
meet not less than two times each year, and can hold additional 
meetings at the call of the chair or upon the written request 
of six voting members. In addition, all meetings shall be open 
to the public.
    The Board may establish standing committees that will each 
serve one of the National Centers. In addition, they can 
advise, consult with, and make recommendations to the Director 
and the Commissioner of the appropriate National Centers.
    The majority of the members of each standing committee 
shall be voting members of the Board. In addition, the 
membership of each standing committee may include: experts and 
scientists in research, statistics, evaluation, or development; 
ex officio members of the Board; and policy makers and expert 
practitioners.
    The Board may establish standing committees. Each standing 
committee shall review and comment, at the discretion of the 
Board, on any grant, contract, or cooperative agreement entered 
into by the applicable National Center. They shall also prepare 
for and submit to the Board an annual evaluation for the 
operations of the applicable National Center. In addition, they 
shall review and comment on the relevant plan for activities to 
be undertaken by the Center for each fiscal year, and report 
periodically to the Board regarding the activities of the 
committee and Center.
    By July 1 of each year, the Board shall submit to the 
Director, Secretary, and appropriate congressional committees a 
report that assesses the effectiveness of the Institute in 
carrying out its priorities and mission.
    The Board shall submit to the Director, the Secretary, and 
the appropriate congressional committees a report that includes 
any recommendations regarding actions that may be taken to 
enhance the ability of the Institute to carry out its 
priorities and mission. An interim report shall be submitted 
not later than 3 years after enactment and a final report not 
later than 5 years after enactment.

Section 117. Commissioners of the National Center for Research and the 
        National Center for Evaluation and the National Center for 
        Knowledge Utilization in Education

    The National Centers shall be headed by commissioners 
appointed by the Director. In appointing commissioners, the 
Director shall seek to promote continuity in leadership of the 
National Centers while taking into consideration 
recommendations of the Board.
    Each commissioner shall receive the rate of basic pay for 
level IV of the Executive Schedule and be highly qualified in 
the field of education research or evaluation.
    Each commissioner shall report to the Director. A 
commissioner shall serve for a period of not more than 6 years. 
However, a commissioner may be reappointed by the Director and 
may serve after the expiration of their term until a successor 
has been appointed, which shall not exceed one additional year.
    The National Center for Education Statistics shall be 
headed by a commissioner for Education Statistics who shall be 
appointed by the President, with advice and consent of the 
Senate. The Commissioner shall have substantial knowledge of 
programs assisted by the National Center for Education 
Statistics, receive the rate of basic pay for level IV and 
serve a 6-year term, which shall expire every sixth year on 
June 21, beginning in 2003.
    Each commissioner shall coordinate with each of the other 
commissioners in carrying out their duties.

Section 118. Agreements

    The Institute may carry out research projects of common 
interest with the National Science Foundation and the National 
Institute of Child Health and Human Development through 
agreements in accordance with section 430 of the General 
Education Provisions Act.

Section 119. Biennial report

    On a biennial basis, the Director shall transmit to the 
President, the Board, the appropriate congressional committees, 
and the public, a report containing the following: a 
description of the activities carried out by and through the 
National Centers; a summary of each grant, contract and 
cooperative agreement in excess of $100,000 funded through the 
Centers, which shall be available in a user-friendly electronic 
database; a description of how the activities of the Centers 
are consistent with the principles of scientifically valid 
research and the priorities of the Institute; and additional 
comments, recommendations, and materials, as appropriate.

Section 120. Competitive awards

    Activities carried out under this act through grants, 
contracts, or cooperative agreements, at a minimum, shall be 
awarded on a competitive basis, and when practicable, through a 
process of peer review.

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

Section 131. Establishment

    There is established in the Institute a National Center for 
Education Research, referred to as the ``Research Center.''
    The mission of the Research Center is to: sponsor sustained 
research that will lead to the accumulation of knowledge and 
understanding of education to ensure that all children can 
obtain a high quality education and improve academic 
achievement and close the achievement gap between high- and 
low-performing students, ensure access and opportunity for 
postsecondary education, and ensure that educational 
institutions are free of violence and promote characteristics 
which are important requirements of citizenship; support the 
synthesis and integration of education research; promote 
quality and integrity through the use of accepted practices of 
scientific inquiry; and promote scientifically valid research 
findings that can provide the basis for improving academic 
instruction and lifelong learning.

Section 132. Commissioner for Education Research

    The Research Center shall be headed by a commissioner, who 
shall have substantial knowledge of the activities of the 
Research Center.

Section 133. Duties

    The Research Center shall:
          (1) Maintain published peer-review standards and 
        standards for the conduct and evaluation of all 
        research and development carried out under the Research 
        Center;
          (2) Propose to the Director a research plan 
        consistent with the priorities and mission of the 
        Institute and Research Center;
          (3) Carry out specific long-term research activities 
        consistent with the priorities and mission of the 
        Institute and approved by the Director.
          (4) Implement the plan to carry out scientifically 
        valid research that uses objective and measurable 
        indicators, including timeliness, meets procedures for 
        peer review, and includes basic and applied research;
          (5) Promote scientifically valid research within the 
        Federal Government and interagency research projects;
          (6) Ensure that research is relevant to education 
        practice and policy;
          (7) Synthesize and disseminate, through the National 
        Center for Knowledge Utilization in Education, the 
        findings and results of education research conducted 
        and supported by the Research Center;
          (8) Assist the Director in preparation of the 
        Institute's biennial report;
          (9) Carry out research on successful state and local 
        education reform activities approved by the Director;
          (10) Address research and development areas related 
        to how technology affects student achievement, 
        cognitive learning, and the implementation and best 
        models of how to best integrate technology into the 
        classroom; and
          (11) Carry out research that is rigorous, peer-
        reviewed, and large scale to determine the most 
        effective, cost efficient, applicable, and duplicated 
        mathematics and science teaching models for use in 
        elementary and secondary classrooms.
    Research carried out through contracts, grants, or 
cooperative agreements shall be carried out only by recipients 
with the ability and capacity to conduct scientifically valid 
research.
    The Research Commissioner shall support not more than 15 
national research and development centers including: An Adult 
Literacy Center; an Assessment, Standards, and Accountability 
Research Center; an Early Childhood Development and Education 
Research Center; an English Language Learners Research Center; 
a Center for Improving Low Achieving Schools; a Center on 
Innovation in Education Reform; a Center on Postsecondary 
Education and Training; a Center on State and Local Policy; a 
Center on Rural Education; and a Center on Teacher Quality.
    The National Research and Development Centers shall address 
areas of national need. In addition, the research carried out 
shall incorporate the current or potential role of education 
technology in achieving the goals of each center.
    Support for a National Research and Development Center 
shall be for 5 years, and may be renewed without competition 
for not more than an additional 5 years if the Director in 
consultation with the Research Commissioner and the Board, 
determines that the research of the National Research and 
Development Center continues to address priorities of the 
Institute and merits renewal.
    No National Research and Development Center may be 
supported for more than ten years without a competitive process 
for the award of the support.
    The Director shall continue awards made to the national 
research and development centers that are currently in effect 
on the date of enactment in accordance with the terms of the 
awards.
    Research conducted shall be disaggregate by age, race, 
gender, and socioeconomic background.
    Each Center that receives funding shall use technology, 
where appropriate.

Section 134. Standards for conduct and evaluation of research

    The Research Commissioner shall: ensure all research 
follows scientifically based research standards; develop other 
standards necessary to govern the conduct and evaluation of all 
research, development, and wide dissemination activities 
carried out to ensure high standards; review procedures used by 
the National Institutes of Health, the National Science 
Foundation, and other Federal departments or agencies engaged 
in research and development, in addition to soliciting 
recommendation for research organizations and the public to 
develop the highest standards; and ensure research complies 
with Federal guidelines relating to research misconduct.
    The Director shall establish a peer review system for 
evaluating and assessing the products developed by all 
recipients of grants and cooperative agreements that exceed 
$100,000.
    The Research Commissioner shall: develop procedures to be 
used in reviewing applications for research grants, cooperative 
agreements, and contracts, and specify the criteria and factors 
which shall be considered; and evaluate the performance of each 
recipient of an award.
    The Research Commissioner shall ensure that not less than 
50 percent of the funds made available for research for each 
fiscal year are used to fund long-term research programs 
expected to last at least 5 years, which support the priorities 
and mission of the Institute and the Research Center.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

Section 151. Establishment

    There is established in the Institute a National Center for 
Education Statistics, referred to as the ``Statistics Center.''
    The mission of the Statistics Center shall be to: collect 
and analyze education information and statistics that meet the 
highest methodological standards; report information in a 
timely manner; ensure that information is gathered in an 
objective, secular, neutral, and nonideological and is free of 
partisan political influence and racial, cultural, gender or 
regional bias; and is relevant and useful to practitioners, 
researchers, policymakers, and the public.

Section 152. Commissioner for Education Statistics

    The Center shall be headed by a Commissioner for Education 
Statistics who shall be highly qualified and have substantial 
knowledge of statistical methodologies and activities.

Section 153. Duties

    The Statistics Center shall collect, report, analyze, and 
disseminate statistical data related to education in the United 
States and other nations.
    Specifically, the Center shall include:
    (1) The collection, acquisition, compilation, and 
dissemination of full and complete statistics, disaggregated by 
population characteristics, on the condition and progress of 
education from preschool through adult levels in the United 
States. Within this data, the Center shall include information 
on State and local education reform activities, State and local 
early childhood school readiness activities, student 
achievement in core academic areas, secondary school 
completion, dropouts, and adult reading and literacy skills, 
access and opportunity for postsecondary education, including 
financial aid. In addition, data collected on teachers should 
include in-service professional development opportunities and 
the percentage of highly qualified teachers, instruction, the 
conditions of the workplace, and the supply and demand of 
teachers; and
          A. Violence affecting schools;
          B. Financing and management of education;
          C. Social and economic status and academic 
        achievement of children;
          D. Existence and use of educational technology and 
        access to the Internet by students and teachers at the 
        elementary and secondary school level;
          E. Educational access and opportunity for early 
        childhood education;
          F. Availability and access of before- and after-
        school programs;
          G. Student participation and completion in secondary 
        and postsecondary vocational and technical education 
        programs by specific program area; and
          H. Existence and use of school libraries;
    (2) Conducting and publishing reports on the meaning of 
statistics which the Center will be responsible for compiling;
    (3) Collecting, analyzing, cross-tabulating, and reporting 
disaggregated data;
    (4) Assisting public and private educational agencies, 
organizations, and institutions in improving and automating 
statistical and data collection activities, including assisting 
State educational agencies and local educational agencies with 
the desegregation of data and with the development of 
longitudinal student data systems;
    (5) Determining standards and guidelines to assist State 
educational agencies in developing statewide longitudinal data 
systems to track individual student progress;
    (6) Acquiring and disseminating data on educational 
activities and student achievement in the United States 
compared with foreign nations;
    (7) Conducting longitudinal and special data collections to 
report on the condition and progress of education;
    (8) Assisting the Director in preparing the biennial 
report; and
    (9) Consulting with the National Research Council and the 
National Academies on the methodology by which States can 
accurately measure graduation rates;
    The Commissioner may establish a training program or 
fellowship program to train employees of public and private 
educational agencies, organizations, and institutions in the 
use of statistical procedures and concepts in order to assist 
the Center in carrying out its duties.

Section 154. Performance of duties

    The Statistics Commissioner may award grants, enter into 
contracts and cooperative agreements and provide technical 
assistance.
    The Commissioner may also use sampling and random sampling 
in order to gather information from States, local educational 
agencies, public and private schools, preschools, institutions 
of higher education, vocational and adult education programs, 
libraries, administrators, teachers, students, the general 
public, and other individuals, organizations, agencies, and 
institutions including other offices within the Institute and 
by other Federal departments and agencies.
    In order to collect statistics, the Commissioner may: enter 
into interagency agreements; make arrangements with any agency, 
organization or institution; and assign employees of the Center 
to any such agency, organization, or institution to assist in 
such collection.
    The Statistics Commissioner shall provide technical 
assistance and coordinate with other Department offices that 
gather statistical data.
    The grants, contracts, and cooperative agreements under 
this section may be awarded on a competitive basis for not more 
than 5 years, and at the discretion of the Commissioner, can be 
renewed for an additional 5 years.

Section 155. Reports

    The Statistics Commissioner shall establish procedures to 
ensure that the reports issued are relevant, high quality, 
useful, subject to peer review, produced in a timely fashion, 
and free from partisan political influence.
    The Commissioner shall submit to the President and 
appropriate congressional committees a report on the condition 
and progress of education across the country by June 1, 2003, 
and each following June 1. In addition, the Commissioner shall 
issue regular and special statistical reports on education 
topics, particularly in the areas of reading, mathematics, and 
science.

Section 156. Dissemination

    The Statistics Center may furnish transcripts or copies of 
tables and other statistical records and make compilations and 
surveys for State and local officials, public and private 
organizations and individuals. The Center shall provide State 
education agencies, local educational agencies, and 
institutions of higher education with opportunities to suggest 
the establishment of particular compilations of statistics, 
surveys, and analyses that will assist those educational 
agencies.
    The Statistics Center shall provide special statistical 
compilations and surveys as the relevant congressional 
committees may request.
    The Statistics Center may engage in joint statistical 
projects related to the mission of the Center or other 
statistical purposes authorized by law with nonprofit 
organization for agencies. The cost of such projects shall be 
equally shared, as determined by the Director.
    Statistical compilations and surveys that are carried out 
by the Center, excluding both congressional requests and joint 
statistical projects, may be made subject to the payment of the 
actual or estimated cost of such work. All funds that are 
received in payment for work or services may be used to pay the 
costs directly or repay appropriations that initially bore all 
or part of such costs, or to refund excess sums.
    The Statistics Center shall cooperate with other Federal 
agencies having a need for education data in providing access 
to education data. The Center shall provide all interested 
parties, including public and private agencies, parents, and 
other individuals, direct access to data that they collect for 
the purposes of research and acquiring statistical information.

Section 157. Cooperative Education Statistics Systems

    The Statistics Center may establish one or more national 
cooperative education statistics systems in order to produce 
and maintain uniform information and data on education from 
early childhood through adult education, including libraries, 
which are useful for policymaking at the Federal, State and 
local levels.

Section 158. State defined

    In Part C, ``state'' is defined as each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto Rico.

            PART D--NATIONAL CENTER FOR EDUCATION EVALUATION

Section 171. Establishment

    In the Institute, there will be a National Center for 
Education Evaluation, referred to as the ``Evaluation Center.'' 
The mission of the Evaluation Center shall be to conduct 
evaluations of Federal education programs administered by the 
Secretary, and determine the impact of such programs. The 
Evaluation Center will focus on student achievement in core 
academic areas and support the synthesis and dissemination of 
results and encourage the use of scientifically valid education 
evaluation throughout the country.

Section 172. Commissioner for Education Evaluation

    The Evaluation Center shall be headed by a commissioner for 
education evaluation. The Commissioner shall possess a capacity 
for sustained productivity and leadership in conducting 
scientifically valid education evaluations, and oversee all 
evaluation activities. In addition, they shall establish a 
methodology in reporting the findings to the public and 
appropriate congressional committees. The Director may award 
grants, enter into contracts and cooperative agreements, and 
provide technical assistance, in order to carry out the duties 
under this part.

Section 173. Duties

    The Evaluation Centers may: evaluate the impact of Federal 
education programs; support field-based evaluations of State 
and local education programs; examine evaluations conducted or 
supported by others to determine the quality and relevance of 
evidence of effectiveness generated by those evaluations; 
coordinate activities of the Center with other activities in 
the Department; review and supplement Federal education program 
evaluations to determine or enhance the quality and relevance 
of the evidence gathered; and assist the Director in the 
preparation of the biennial report.
    The Evaluation Center shall adhere to the highest possible 
standards of quality for conducting scientifically valid 
education evaluation and be subject to peer review.
    The Evaluation Commissioner shall administer all operations 
and contracts associated with evaluations authorized by part E 
of Title I of the Elementary and Secondary Education Act and 
administered by the Department on the date of enactment of this 
Act.

     PART E--NATIONAL CENTER FOR KNOWLEDGE UTILIZATION IN EDUCATION

Section 175. National Center for Knowledge Utilization in Education

    There is established in the Institute a National Center for 
Knowledge Utilization in Education. The Center shall include 
the ten regional education laboratories, the National Library 
of Education and the Educational Resources Information Center.
    The Center shall be headed by a commissioner, who is highly 
qualified and shall: disseminate information on scientifically 
valid research, statistics, and evaluation to State and local 
educational agencies, institutions of higher education, the 
public, media, voluntary organizations, professional 
associations, and other constituencies; make information 
accessible in a friendly, timely and efficient manner to 
schools, institutions of higher education, educators, parents, 
administrators, policymakers, researchers, public and private 
entities, entities responsible for carrying out technical 
assistance through the Department and the general public; 
support regional laboratories in conducting, developing and 
disseminating education research, while providing technical 
assistance; manage the National Library of Education; and 
assist the Director in the preparation of a biennial report.
    The Center shall ensure that disseminated information is 
cost-effective and non duplicative. It shall also include the 
most recent research findings that support both the Educational 
Resources Information Center (ERIC) and the clearinghouses to 
address the topics covered by the Educational Resources 
Information Center clearinghouses. The Center shall also 
describe the type of scientific evidence that is used to 
support the findings that are disseminated and clearly explain 
the appropriate use of the funding and the evidence used to 
support the findings. In addition, the Center shall respond to 
inquiries from individuals or entities who are responsible for 
carrying out technical assistance.
    The Director shall continue awards for the support of the 
Education Resources Information Center Clearinghouses and 
contracts for regional education laboratories, for the duration 
of those awards.
    A National Library of Education shall continue within the 
Center. The National Library of Education shall be headed by an 
individual who is highly qualified in library science. The role 
of the Library is to: collect and archive information; provide 
a central location for information about education; provide 
comprehensive reference services related to education to 
employees of the Department of Education and its contractors 
and grantees, to Federal employees and members of the public; 
and promote greater cooperation and resource sharing among 
providers and repositories of education information in the 
United States.
    The information collected and archived shall include: 
products and publications developed through, or supported by 
the Institute and other relevant and useful education-related 
research, statistics, and evaluation materials that are 
consistent with scientifically valid research, priorities of 
the Institute, and developed by the Department and other 
Federal agencies or entities.

Section 176. Regional Educational Laboratories for Research, 
        Development, Dissemination, and Technical Assistance

    The Director shall enter into contracts with public or 
private entities to establish a networked system of 10 regional 
educational laboratories. The amount of assistance allocated to 
each laboratory by the Commissioner, shall reflect the number 
of local educational agencies and school-age children served by 
such laboratory, including the cost of providing services 
within the specific geographic areas. The regions served shall 
be the 10 geographic regions already in existence.
    The Director shall invite applicants, including those 
already in existence, to compete for contracts through notice 
in the Federal Register and the Federal Business Opportunities 
publication. Each application submitted shall contain a 5-year 
plan which addresses the needs of all States within the region 
to be served.
    In awarding contracts, the Director shall enter into a 5-
year contract and ensure that the regional educational 
laboratories awarded have strong and effective governance, 
organization, management, and administration, and employ 
qualified staff.
    The Commissioner shall share information about specific 
regional education laboratories' activities with the Department 
of Education, Director and Board; oversee a strategic plan 
ensuring each laboratory increases collaboration and resource-
sharing activities; ensure that activities for each laboratory 
serve national interests; and ensure that each laboratory 
coordinates activities with the activities each other regional 
technical assistance provider.
    In conducting competitions for contracts, the Director 
shall: actively encourage entities to compete by making 
information and technical assistance available; and seek input 
from chief executive officers, chief state school officers, 
educators, and parents on the need for applied research, 
dissemination, training, technical assistance, and development 
activities and how those educational needs could be addressed 
most effectively.
    The Director shall design objectives and measurable 
indicators to be used to assess programs or initiatives and 
ongoing progress and performance of regional laboratories, to 
ensure that education needs are being met. In addition, the 
Knowledge Utilization Commissioner shall establish a system for 
technical and peer review to ensure that research and products 
are consistent with the Institute's standards.
    Each regional education laboratory shall promote the 
implementation of systemic school improvement strategies. The 
laboratory's central mission and primary functions shall be to: 
develop and disseminate education research products and 
processes; develop a plan for identifying and serving the needs 
of the region by conducting a continuing survey of needs; 
provide technical assistance; serve needs by providing research 
in usable forms; facilitate communication among those in 
education to help develop a plan to meet State education goals; 
providing training in education research, methods, practices 
and techniques; use applied research to assist in solving site-
specific problems, including professional development and 
effective parental involvement strategies; conduct applied 
research projects designed to serve needs of the region; 
collaborate and coordinate services with other technical 
assistance providers funded by the Department of Education; 
provide support and technical assistance in exemplary and 
promising practices, curriculum frameworks, assessments, 
professional development, technology, school finance systems, 
and the development of administrative structures; and bring 
experts together to develop and implement school improvement 
plans and strategies.
    Regional Educational Laboratories shall: collaborate with 
the National Centers to maximize research, and to keep the 
Centers apprised of their work and identify additional research 
needs that they have identified in the field; consult with the 
State educational agencies and library agencies in developing 
plans; develop strategies to utilize schools as an important 
component in reforming education and revitalizing rural 
communities; report and disseminate information on overcoming 
obstacles in high poverty urban and rural areas; and identify 
successful education programs used in laboratories to be used 
as models at the national level.
    In carrying out its responsibilities, each regional 
education laboratory shall establish a governing board. Each 
board must have a balanced representation of states in the 
region, interests of constituencies and technical expertise. It 
should also include the Chief State School Officer or such 
Officers' designee of each State represented as well as 
nominations from state education and community organizations. 
The governing board is not to be more than 10 percent 
independently selected by the regional educational laboratory. 
The governing board is the sole entity that guides and directs 
the laboratory in carrying out the terms and conditions of the 
award, determines the agenda engages in dialog with the 
Knowledge Utilization Commissioner, and determines the mission 
of the laboratory. The governing board shall also ensure that 
the laboratory maintains a high level of quality and 
established standards; direct the laboratory to carry out 
duties that will make progress toward achieving State education 
goals; and survey the education needs, strengths and weaknesses 
by soliciting educators in the region.
    The governing board shall establish and maintain a network 
to: share information about activities; plan joint activities; 
create a strategic plan for the development of activities to 
reduce redundancy and increase collaboration and resource 
sharing: and devise a way in which individual laboratories 
could serve not just regional, but national needs.
    Additionally, each Regional Educational Laboratory shall 
conduct a biennial needs assessment of the region that it 
serves.
    Each Regional Educational Laboratory shall support applied 
research, development dissemination and technical assistance 
by: providing training and technical assistance to State 
departments of education and school districts on the 
implementation of the No Child Left Behind Act, and 
scientifically valid research in education on teaching methods 
and assessment tools in core academic subjects, English 
language acquisition and education technology and communication 
among those in the education field; dissemination of 
information in many forms on closing the achievement gap and 
sustaining school improvement to the education field and 
National Center for Knowledge Utilization in Education; 
carrying out applied research projects designed to address 
specific needs in a user-friendly format to promote increased 
student achievement; and supporting development activities 
which will lead to increased knowledge on problems in 
elementary and secondary education and access to postsecondary 
education.
    Each regional education laboratory shall coordinate its 
activities, collaborate and exchange information with the 
Secretary, the Director, the National Center for Knowledge 
Utilization in Education, and other appropriate entities.
    The Knowledge Utilization Commissioner shall provide for 
the independent evaluations of each regional educational 
laboratory in the third year in which the laboratory receives 
assistance. The results shall be shared with relevant 
committees of the Congress and the regional educational 
laboratory governing boards.
    No regional education laboratory shall be ineligible to 
receive any other assistance from the Department of Education 
as authorized by law or be prohibited from engaging in 
activities involving international projects or endeavors.
    Each regional education laboratory shall participate in the 
advance payment system at the Department of Education. In 
addition to authorized activities, the Director is authorized 
to enter into contracts or agreements with laboratories to 
carry out additional projects that enable them to assist in 
efforts to achieve State education goals.
    By July 1 of each year, regional education laboratories 
shall submit to the Knowledge Utilization Commissioner a plan 
describing the succeeding fiscal year, including a description 
of plans the laboratory plans to submit in the remaining years 
of their contract. It must also include an assessment of how 
well they are meeting the needs of the region by listing: 
activities, entities served, and products.

                       PART F--GENERAL PROVISIONS

Section 181. Interagency data sources and formats

    The Secretary shall consult with the Director to ensure 
that the Department and the Institute use common sources of 
data in standardized formats.

Section 182. Prohibitions

    This title does not authorize the establishment of a 
nationwide database of individually identifiable information on 
individuals involved in studies or other collections of data.
    The title does not authorize an officer or employee of the 
Federal Government to mandate, direct, or control the 
curriculum, program of instruction, or allocation of State or 
local resources of a State or local educational agency, or 
school, or mandate a State to spend any funds or incur any 
costs not provided for under this title.
    No funds provided under this title to the Institute, may be 
used by the Institute to endorse, approve, or sanction any 
curriculum or develop, pilot test, field test, implement, 
administer, or distribute any federally sponsored national test 
in reading, mathematics, or any other subject to be used in 
elementary or secondary schools. The only exception shall be 
made to international comparative assessments developed under 
the authority of the National Education Statistics Act of 1994, 
which is administered to only a representative sample of pupils 
in the United States and in foreign nations.

Section 183. Confidentiality

    The collection, maintenance, use and dissemination of data 
by the Institute shall conform with the requirements of the 
U.S. Code and the General Education Provisions Act. In 
addition, the Director shall ensure that all individually 
identifiable information collected about students remains 
confidential in accordance with the U.S. Code and the General 
Education Provisions Act.

Section 184. Availability of data

    While taking into consideration section 183, data collected 
by the Institute shall be made available to the public, 
including through use of the Internet.

Section 185. Performance management

    The Director shall ensure that all activities conducted 
under this act make customer service a priority through the 
following methods: establishing and improving feedback 
mechanisms; disseminating information in a timely manner and in 
user-friendly formats; utilizing modern technology; 
establishing and measuring performance for quality purposes; 
continuously improving management strategies and practices; 
making information available to the public in an expeditious 
fashion.

Section 186. Authority to publish

    The Director may prepare and publish information for the 
Institute, as needed to carry out the priorities and mission of 
the Institute without the approval of the Secretary or any 
other office of the Department. The Director shall provide 
offices of the Department with an opportunity to comment upon 
reports of the Institute prior to publication. All information 
from the Institute shall be subjected to rigorous peer review 
before being published or made available to the public. 
However, these provisions do not apply to: information on 
current or proposed budgets, appropriations, or legislation; 
information prohibited from disclosure by the law or 
Constitution, classified national security information, or 
information classified as confidential by the U.S. Code; and 
review by officers of the United States in order to prevent the 
unauthorized disclosure of information.

Section 187. Vacancies

    A member appointed to fill a vacancy on the Board occurring 
before expiration of the term, shall be appointed only for the 
remainder of that term. The vacancy shall be filled in the same 
manner in which the original appointment was made.

Section 188. Scientific or technical employees

    The Director may appoint for 6 year terms, scientific or 
technical employees to carry out functions of the Institute, or 
the office, board, committee, or center, respectively, if: 30 
days prior to the appointment, public notice is given of the 
availability of such position and an opportunity is provided 
for qualified individuals to apply and compete for such a 
position; the rate of basic pay does not exceed the maximum 
rate of basic pay payable for positions at GS-15; the 
appointment is necessary, as determined by the Director, to 
provide the Institute with scientific or technical expertise 
which couldn't be obtained otherwise; and the total number of 
such employees does not exceed 30 individuals or \1/5\ of the 
number of full-time, regular scientific or professional 
employees of the Institute, whichever is greater.
    All scientific or technical employees shall work on 
activities of the Institute, and shall not be reassigned to 
other duties outside the Institute.

Section 189. Fellowships

    The Director shall establish and maintain research, 
evaluation, and statistics fellowships in higher education that 
support graduate and postdoctoral study. The Director shall 
ensure that women and minorities are actively recruited for 
participation.

Section 190. Voluntary service

    The Director may accept voluntary and uncompensated 
services that are consistent with the priorities and mission of 
the Institute.

Section 191. Rulemaking

    Notwithstanding section 437(d) of the General Education 
Provisions Act, the exemption for public property, loans, 
grants, and benefits in section 553(a)(2) of title 5, U.S. 
Code, shall apply to the Institute.

Section 192. Authorization of appropriations

    $400,000,000 is authorized for fiscal year 2003 and such 
sums as necessary for each of the 5 succeeding fiscal years 
(except section 176B Regional Educational Laboratories). Of 
which: not less than the amount provided to the National Center 
for Education Statistics for fiscal year 2002 shall be provided 
to the National Center for Education Statistics, as authorized 
under part C; and not more than the lesser of 2 percent of such 
funds or $1,000,000 shall be made to carry out section 116.
    $120,000,000 is authorized to be appropriated for Regional 
Education Laboratories for fiscal year 2003 and such sums as 
may be necessary for each of the 5 succeeding fiscal years. For 
a fiscal year, the Director shall obligate not less than 25 
percent to carry out such purpose to rural areas.
    Funds made available shall remain available until expended.

          Title II--Regional Educational Technical Assistance

Section 201. Short title

    This title may be cited as the ``Regional Assistance Act of 
2002.''

Section 202. Definitions

    Defines key terms in this title including: Local 
educational agency; State educational agency; early childhood 
educator; provider of early childhood services; and Secretary.

Section 203. Comprehensive Centers

    Starting in fiscal year 2004, the Secretary is authorized 
to award not less than 20 grants to a local entity or consortia 
of entities, with expertise in providing technical assistance 
and professional development in reading, mathematics, science, 
and technology, to establish Comprehensive Centers.
    Each Center established shall allocate resources to and 
within each region which reflects regional needs, taking into 
account poverty levels, cost of service in under-populated 
areas, and special initiatives undertaken by States which may 
require special assistance from the center.
    Each Center shall work with state and local educational 
agencies, and schools in the region where the Center is 
located, on school improvement activities. Priority will be 
given to: schools in the region with high percentages of 
students from low-income families, as determined by the 
Elementary and Secondary Education Act, including schools in 
rural and urban areas receiving title I funding; local 
educational agencies in the region with high percentages of 
students from low-income families, as determined by the 
Elementary and Secondary Education Act, including schools in 
rural and urban areas; and schools in regions that have been 
identified for school improvement under the Elementary and 
Secondary Education Act.
    A Comprehensive Center shall support professional 
development and technical assistance activities by: providing 
training, professional development and technical assistance 
regarding the administration and implementation of programs 
under the Elementary and Secondary Education Act and the use of 
scientifically valid teaching methods and assessment tools for 
core academic subjects, English language acquisition, education 
technology, and the facilitation of communication between 
education experts, school officials, teachers, parents and 
librarians; and disseminating and providing information, 
reports, and publications that are useful for improving 
academic achievement, narrowing achievement gaps, and 
sustaining school improvement.
    Each center shall coordinate its activities and exchange 
information with the regional educational laboratory in the 
region, the National Center for KnowledgeUtilization in 
Education, the Office of the Secretary, the State service agency, and 
other technical assistance providers in their respective regions.
    Each Comprehensive Center established shall have an 
advisory board that will support the priorities of the Center 
and advise the Center concerning its activities. The advisory 
board shall consist of: the Chief State School Officers or 
their designees in the region, or other State officials who 
have the primary responsibility for elementary and secondary 
education in the State; and not more than 15 other members who 
are representative of educational interests in the region, 
including local education agencies representatives serving both 
urban and rural areas, representatives of institutions of 
higher education, parents, practicing educators, business 
representatives, and policymakers. It the case of a State in 
which the chief executive officer has the primary 
responsibility under State law for elementary and secondary 
education in the State, the chief executive officer shall 
consult with the State educational agency in selecting 
additional members.

Section 204. Priorities and evaluations

    The Secretary may establish priorities that directly 
correspond with educational needs particular to the regions of 
Comprehensive Centers. The Secretary shall provide for ongoing 
independent evaluations of the Centers. The results shall be 
transmitted to the appropriate congressional committees and the 
Director of the U.S. Institute of Education Sciences. Included 
in the evaluation shall be an analysis of services, the extent 
to which the Centers meet their objectives, and whether 
services meet the educational needs of State and local 
educational agencies, and schools in their respective regions.

Section 205. Clearinghouses on education facilities

    The Secretary shall award a 5 year grant or contract, on a 
competitive basis, to create and maintain an education 
facilities clearinghouse to collect and disseminate information 
on effective educational practices and the latest research 
regarding kindergarten through grade 12 school facilities 
planning, design, financing, construction, operations, and 
maintenance. $1,500,000 for fiscal year 2003, and such sums as 
necessary for each of the 5 succeeding fiscal years is 
authorized to be appropriated to carry out this section.
    The Secretary shall also award a contract for the 
Eisenhower National Clearinghouse for Mathematics and Science 
Education as authorized in the Elementary and Secondary 
Education Act.

Section 206. Existing technical assistance providers

    The Secretary shall continue Eisenhower Regional 
Mathematics and Science Education Consortia awards, in 
accordance with the existing award.

Section 207. Study

    In consultation with the National Academy of Sciences, the 
Secretary shall conduct a study to determine the use of alcohol 
or illegal narcotics as contributing factors to incidents of 
school violence.

Section 208. Grant program for statewide, longitudinal data systems

    The Secretary is authorized to award competitive grants to 
State educational agencies to enable them to design and develop 
statewide, longitudinal data systems to track individual 
student progress based on a unique student identifier.
    In awarding grants, the Secretary shall use a peer review 
process that: ensures technical quality and student privacy; 
promotes generation of data needed for States and local 
education agencies to comply with the Elementary and Secondary 
Education Act and facilitate research to improve student 
academic achievement; gives priority to applications that meet 
the standards and guidelines developed by the National Center 
for Education Statistics.
    Each State educational agency shall design and develop 
statewide, longitudinal data systems to track individual 
student progress based on a unique student identifier to comply 
with the Elementary and Secondary Education Act, to facilitate 
research to improve student achievement, and to be used for 
other purposes. Funds shall be used to supplement, and not 
supplant, other Federal, State or local funds used for 
developing State data systems.
    One year after enactment, and again 3 years after, the 
Secretary, in consultation with the National Academies 
Committee on National Statistics, shall make publicly available 
a report on the implementation and effectiveness of Federal, 
States, and local efforts related to the goals. The report 
shall include: the identification and analysis of State 
practices regarding the development and use of statewide, 
longitudinal data systems that track individual student 
progress; evaluation of the interoperability of such systems; 
and the best practices and areas of needed improvement.

         Title III--National Assessment of Educational Progress

Section 301. Short title

    This title may be referred to as the ``National Assessment 
of Educational Progress Authorization Act.''

Section 302. Definitions

    Defines key terms in this title including: Director and 
State.

Section 303. Authorization of appropriations

    For fiscal year 2003, $4,600,000 is authorized to carry out 
section 302, as amended by section 401 of this act, relating to 
the National Assessment Governing Board; and $107,500,000 to 
carry our section 303 as amended by section 401 of this act, 
relating to the National Assessment of Educational Progress. 
Such sums as may be necessary for each of 5 succeeding fiscal 
years to carry out sections 302 and 303, as amended by section 
401. Amounts made available under this section shall remain 
available unit expended.

                    Title IV--Amendatory Provisions

Section 401. Redesignations

Section 402. Amendments to the Department of Education Organization Act

Section 403. Repeals

    The following provisions of law are repealed:
          The National Education Statistics Act of 1994;
          Parts A through E and K through N of the Educational 
        Research, Development, Dissemination, and Improvement 
        Act of 1994; and Section 401(b)(2) of the department of 
        Education Organization Act.

Section 404. Conforming and Technical Amendments

    Made to the following bills:
          Goals 2000: Educate America Act; Title 5, U.S. Code; 
        General Education Provisions Act; Elementary and 
        Secondary Education Act of 1965; and School-To-Work 
        Opportunities Act of 1994.

Section 405. Effective date

    The act and amendments shall take effect on October 1, 
2002.

Section 406. Orderly transition

    The Secretary of Education shall take the necessary steps 
to provide for the orderly transition to, and implementation of 
the offices, boards, committees, and centers established or 
authorized by this act and by the amendments made by this act.

                       X. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

           *       *       *       *       *       *       *

NATIONAL EDUCATION STATISTICS ACT OF 1994

           *       *       *       *       *       *       *

SEC. 183. CONFIDENTIALITY.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    (b) Student Information.-- * * *

           *       *       *       *       *       *       *

[SEC. 408. CONFIDENTIALITY.]

    [(a)] (c) Confidentiality Standards.--
          (1) In general.--(A) The [Center] Director shall 
        develop and enforce standards designed to protect the 
        confidentiality of persons in the collection, 
        reporting, and publication of data under this title.
          (B) This section shall not be construed to protect 
        the confidentiality of information about institutions, 
        organizations, and agencies that receive grants from, 
        or have contracts or cooperative agreements with, the 
        Federal Government.
          (2) Prohibition.--No person may--
                  (A) use any individually identifiable 
                information furnished under this title for any 
                purpose other than a [statistical purpose] 
                research, statistics, or evaluation purpose 
                under this title;
                  (B) make any publication whereby the data 
                furnished by any particular person under this 
                title can be identified; or
                  (C) permit anyone other than the individuals 
                authorization by the [Commissioner] Director to 
                examine the individual reports.
    [(b)] (d) Administration.--
          [(1) In general.--No department, bureau, agency, 
        officer, or employee of the Federal Government, except 
        the [Commissioner] Director in carrying out the 
        purposes of this title, shall require, for any reason, 
        copies of reports that have been filed under this title 
        with the [Center] Director or retained by any 
        individual respondent. Copies of such reports that have 
        been so filed or retained with the [Center] Director or 
        any of the Center's employees, contractors, or agents 
        shall be immune from legal process, and shall not, 
        without the consent of the individual concerned, be 
        admitted as evidence or used for any purpose in any 
        action, suit, or other judicial or administrative 
        proceeding. This paragraph shall apply only to 
        individually identifiable information (as defined in 
        paragraph (5)(A)).]
          (1) In general.--
                  (A) Disclosure.--No Federal department, 
                bureau, agency, officer, or employee and no 
                recipient of a Federal grant, contract, or 
                cooperative agreement may, for any reason, 
                require the Director, any Commissioner of a 
                National Education Center, or any other 
                employee of the Institute to disclose 
                individually identifiable information that has 
                been collected or retained under this title.
                  (B) Immunity.--Individually identifiable 
                information collected or retained under this 
                title shall be immune from legal process and 
                shall not, without the consent of the 
                individual concerned, be admitted as evidence 
                or used for any purpose in any action, suit, or 
                other judicial or administrative proceeding.
                  (C) Application.--This paragraph does not 
                apply to requests for individually identifiable 
                information submitted by or on behalf of the 
                individual identified in the information.
          (2) Employee or staff violations.--Whoever, being or 
        having been an employee or staff member of the 
        Department, having taken or subscribed the oath of 
        office, or having sworn to observe the limitations 
        imposed by [subsection (a)(2)] subsection (c)(2); 
        knowingly publishes or communicates any individually 
        identifiable information (as defined in paragraph 
        (5)(A)), the disclosure of which is prohibited by 
        [subsection (a)(2)] subsection (c)(2), and that comes 
        into such employee or staff's possession by reason of 
        employment (or otherwise providing services) under this 
        title, shall be found guilty of a class E felony and 
        imprisoned for not more than five years, or fined as 
        specified in section 3571 of title 18, United States 
        Code, or both.
          (3) Temporary staff.--The [Commissioner] Director may 
        utilize temporary staff, including employees of 
        Federal, State, or local agencies or instrumentalities 
        (including local educational agencies), and employees 
        of private organizations to assist the [Center] 
        Director in performing the [Center's] Director's 
        responsibilities, but only if such temporary staff are 
        sworn to observe the limitations imposed by this 
        section.
          (4) Information requirements.--No collection of 
        information or data acquisition activity undertaken by 
        the [Center] Director shall be subject to any review, 
        coordination, or approval procedure except as required 
        by the Director of the Office of Management and Budget 
        under the rules and regulations established pursuant to 
        chapter 35 of title 44, United States Code, except such 
        collection of information or data acquisition activity 
        may be subject to review or coordination if the 
        [Commissioner] Director determines that such review or 
        coordination is beneficial.
          (5) Definitions.--For the purposes of this section--
                  (A) the term ``individually identifiable 
                information'' means any record, response form, 
                completed survey, or aggregation thereof from 
                which information about particular individuals 
                may be revealed; and
                  (B) the term ``report'' means a response 
                provided by or about an individual to an 
                inquiry from the [Center] Director and does not 
                include a statistical aggregation from which 
                individually identifiable information cannot be 
                revealed.
          (6) Violations.--Any person who uses any data 
        provided by the [Center] Director, in conjunction with 
        any other information or technique, to identify any 
        individual student, teacher, administrator, or other 
        individual and who knowingly discloses, publishes, or 
        uses such data for a purpose other than a statistical 
        purpose, or who otherwise violates subparagraph (A) or 
        (B) of [subsection (a)(2)] subsection (c)(2), shall be 
        found guilty of a class E felony and imprisoned for not 
        more than five years, or fined as specified in section 
        3571 of title 18, United States Code, or both.
          (7) Access to reports or records.--Nothing in this 
        section shall restrict the right of the Secretary, the 
        Comptroller General of the United States, the Director 
        of the Congressional Budget Office, and the Librarian 
        of Congress, to gain access to any reports or other 
        records, including information identifying individuals, 
        in the [Center's] Director's possession, except that 
        the same restrictions on disclosure that apply under 
        paragraphs (1) and (6) shall apply to such individuals.
    [(c)] (e) Investigation and Prosecution of Terrorism.--
          (1) In general.--Notwithstanding subsections (a) and 
        (b), the Attorney General (or any Federal officer or 
        employee, in a position not lower than an Assistant 
        Attorney General, designated by the Attorney General) 
        may submit a written application to a court of 
        competent jurisdiction for an ex parte order requiring 
        the Secretary to permit the Attorney General (or his 
        designee) to--
                  (A) collect reports, records, and information 
                (including individually identifiable 
                information) in the possession of the [center] 
                Director that are relevant to an authorized 
                investigation or prosecution of an offense 
                listed in section 2332b(g)(5)(B) of title 18, 
                United States Code, or an act of domestic or 
                international terrorism as defined in section 
                2331 of that title; and
                  (B) for official purposes related to the 
                investigation or prosecution of an offense 
                described in paragraph (1)(A), retain, 
                disseminate, and use (including as evidence at 
                trial or in other administrative or judicial 
                proceedings) such information, consistent with 
                such guidelines as the Attorney General, after 
                consultation with the Secretary, shall issue to 
                protect confidentiality.

           *       *       *       *       *       *       *

SEC. 301. SHORT TITLE.

    This title may be referred to as the ``National Assessment 
of Educational Progress Authorization Act''.

SEC. [412.] 302. NATIONAL ASSESSMENT GOVERNING BOARD.

    (a) Establishment.--There is established the National 
Assessment Governing Board (hereafter in this title [referred 
to as the ``Board''] referred to as the ``Assessment Board''), 
which shall formulate policy guidelines for the National 
Assessment (carried out under section 303).
    (b) Membership.--
          (1) Appointment and composition.--The [Board] 
        Assessment Board shall be appointed by the Secretary 
        and be composed as follows:
                  (A) Two Governors, or former Governors, who 
                shall not be members of the same political 
                party.
                  (B) Two State legislators, who shall not be 
                members of the same political party.
                  (C) Two chief State school officers.
                  (D) One superintendent of a local educational 
                agency.
                  (E) One member of a State board of education.
                  (F) One member of a local board of education.
                  (G) Three classroom teachers representing the 
                grade levels at which the National Assessment 
                is conducted.
                  (H) One representative of business or 
                industry.
                  (I) Two curriculum specialists.
                  (J) Three testing and measurement experts, 
                who shall have training and experience in the 
                field of testing and measurement.
                  (K) One nonpublic school administrator or 
                policy-maker.
                  (L) Two school principals, of whom one shall 
                be an elementary school principal and one shall 
                be a secondary school principal.
                  (M) Two parents who are not employed by a 
                local, State or Federal educational agency.
                  (N) Two additional members who are 
                representatives of the general public, and who 
                may be parents, but who are not employed by a 
                local, State, or Federal educational agency.
          (2) [Assistant secretary for educational research] 
        Director of the united states institute for education 
        sciences.--The [Assistant Secretary for Educational 
        Research and Improvement] Director of the United States 
        Institute for Education Sciences shall serve as an ex 
        officio, nonvoting member of the [Board] Assessment 
        Board.
          (3) Balance and diversity.--The Secretary and the 
        [Board] Assessment Board shall ensure at all times that 
        the membership of the [Board] Assessment Board reflects 
        regional, racial, gender, and cultural balance and 
        diversity and that the [Board] Assessment Board 
        exercises its independent judgment, free from 
        inappropriate influences and special interests.
    (c) Terms.--
          (1) In general.--Terms of service of members of the 
        [Board] Assessment Board shall be staggered and may not 
        exceed a period of 4 years, as determined by the 
        Secretary.
          (2) Service limitation.--Members of the [Board] 
        Assessment Board may serve not more than two terms.
          (3) Change of status.--A member of the [Board] 
        Assessment Board who changes status under subsection 
        (b) during the term of the appointment of the member 
        may continue to serve as a member until the expiration 
        of such term.
          (4) Conforming provision.--Members of the [Board] 
        Assessment Board previously granted 3 year terms, whose 
        terms are in effect on the date of enactment of the 
        Department of Education Appropriations Act, 2001, shall 
        have their terms extended by 1 year.
    (d) Vacancies.--
          (1) In general.--
                  (A) Organizations.--The Secretary shall 
                appoint new members to fill vacancies on the 
                [Board] Assessment Board from among individuals 
                who are nominated by organizations representing 
                the type of individuals described in subsection 
                (b)(1) with respect to which the vacancy 
                exists.
                  (B) Nominations.--Each organization 
                submitting nominations to the Secretary with 
                respect to a particular vacancy shall nominate 
                for such vacancy six individuals who are 
                qualified by experience or training to fill the 
                particular [Board] Assessment Board vacancy.
                  (C) Maintenance of board.--The Secretary's 
                appointments shall maintain the composition, 
                diversity, and balance of the [Board] 
                Assessment Board required under subsection (b).
          (2) Additional nominations.--The Secretary may 
        request that each organization described in paragraph 
        (1)(A) submit additional nominations if the Secretary 
        determines that none of the individuals nominated by 
        such organization have appropriate knowledge or 
        expertise.
    (e) Duties.--
          (1) In general.--In carrying out its functions under 
        this section the [Board] Assessment Board shall--
                  (A) select the subject areas to be assessed 
                (consistent with [section 411(b)] section 
                303(b)];
                  (B) develop appropriate student achievement 
                levels as provided in section [411(e)] section 
                303(e);
                  (C) develop assessment objectives consistent 
                with the requirements of this section and test 
                specifications that produce an assessment that 
                is valid and reliable, and are based on 
                relevant widely accepted professional 
                standards;
                  (D) develop a process for review of the 
                assessment which includes the active 
                participation of teachers, curriculum 
                specialists, local school administrators, 
                parents, and concerned members of the public;
                  (E) design the methodology of the assessment 
                to ensure that assessment items are valid and 
                reliable, in consultation with appropriate 
                technical experts in measurement and 
                assessment, content and subject matter, 
                sampling, and other technical experts who 
                engage in large scale surveys[, including the 
                Advisory Council established under section 
                407];
                  (F) consistent with [section 411] section 
                303, measure student academic achievement in 
                grades 4, 8, and 12 in the authorized academic 
                subjects;
                  (G) develop guidelines for reporting and 
                disseminating results;
                  (H) develop standards and procedures for 
                regional and national comparisons; [and]
                  (I) take appropriate actions needed to 
                improve the form, content, use, and reporting 
                of results of any assessment authorized by 
                [section 411] section 303 consistent with the 
                provisions of this section and [section 411.] 
                section 303; and
                  (J) oversee the release to the public of 
                National Assessment of Educational Progress 
                data.
          (2) Delegation.--The [Board] Assessment Board may 
        delegate any of the Board's procedural and 
        administrative functions to its staff.
          (3) All cognitive and noncognitive assessment 
        items.--The [Board] Assessment Board shall have final 
        authority on the appropriateness of all assessment 
        items.
          (4) Prohibition against bias.--The [Board] Assessment 
        Board shall take steps to ensure that all items 
        selected for use in the National Assessment are free 
        from racial, cultural, gender, or regional bias and are 
        secular, neutral, and non-ideological.
          (5) Technical.--In carrying out the duties required 
        by paragraph (1), the [Board] Assessment Board may seek 
        technical advice, as appropriate, from the 
        [Commissioner] Commissioner for Education Statistics 
        [and the Advisory Council on Education Statistics] and 
        other experts.
          (6) Report.--Not later than 90 days after an 
        evaluation of the student achievement levels under 
        section [411(e)] section 303(e), the [Board] Assessment 
        Board shall make a report to the Secretary, of the 
        Committee on Education and Workforce of the House of 
        Representatives, and the Committee on Health, 
        Education, Labor, and Pensions of the Senate describing 
        the steps the [Board] Assessment Board is taking to 
        respond to each of the recommendations contained in 
        such evaluation.
    (f) Personnel.--
          (1) In general.--In the exercise of its 
        responsibilities, the [Board] Assessment Board shall be 
        independent of the Secretary and the other offices and 
        officers of the Department.
          (2) Staff.--
                  (A) In general.--The Secretary may appoint, 
                at the request of the [Board] Assessment Board, 
                such staff as will enable the [Board] 
                Assessment Board to carry out its 
                responsibilities.
                  (B) Technical employees.--Such appointments 
                may include, for terms not to exceed 3 years 
                and without regard to the provisions of title 
                5, United States Code, governing appointments 
                in the competitive service, not more than six 
                technical employees who may be paid 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.
    (g) Coordination.--The [Commissioner] Commissioner for 
Education Statistics and the [Board] Assessment Board shall 
meet periodically--
          (1) to ensure coordination of their duties and 
        activities relating to the National Assessment; and
          (2) for the [Commissioner] Commissioner for Education 
        Statistics to report to the [Board] Assessment Board on 
        the Department's actions to implement the decisions for 
        the [Board] Assessment Board.
    (h) Administration.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the [Board] 
Assessment Board other than sections 10, 11, and 12 of such 
Act. Enacted January 8, 2002, P.L. 107-110, 115 Stat. 1425.

           *       *       *       *       *       *       *

SEC. [411] (303.) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    (a) Establishment.--The [Commissioner] Commissioner for 
Education Statistics shall, with the advice of the [National 
Assessment Governing Board] Assessment Board established under 
[section 412] section 302, [and with the technical assistance 
of the Advisory Council established under section 407,] carry 
out, through grants, contracts, or cooperative agreements with 
one or more qualified organizations, or consortia thereof, a 
National Assessment of Educational Progress, which collectively 
refers to a national assessment, State assessments, and a long-
term trend assessment in reading and mathematics.
    (b) Purpose; State Assessments.--
          (1) Purpose.--The purpose of this section is to 
        provide, in a timely manner, a fair and accurate 
        measurement of student academic achievement and 
        reporting of trends in such achievement in reading, 
        mathematics, and other subject matter as specified in 
        this section.
          (2) Measurement and reporting.--The [Commissioner] 
        Commissioner for Education Statistics, in carrying out 
        the measurement and reporting described in paragraph 
        (1), shall--
                  (A) use a random sampling process which is 
                consistent with relevant, widely accepted 
                professional assessment standards and that 
                produces data that are representative on a 
                national and regional basis;
                  (B) conduct a national assessment and collect 
                and report assessment data, including 
                achievement data trends, in a valid and 
                reliable manner on student academic achievement 
                in public and private elementary schools and 
                secondary schools at least once every 2 years, 
                in grades 4 and 8 in reading and mathematics;

           *       *       *       *       *       *       *

          (3) State assessments.--
                  (A) In general.--The [Commissioner] 
                Commissioner for Education Statistics--
                          (i) shall conduct biennial State 
                        academic assessments of student 
                        achievement in reading and mathematics 
                        in grades 4 and 8 as described in 
                        [paragraphs (1)(B) and (1)(E)] 
                        paragraphs (2)(B) and (2)(E);
                          (ii) may conduct the State academic 
                        assessments of student achievement in 
                        reading and mathematics in grade 12 as 
                        described in [paragraph (1)(C)] 
                        paragraph (2)(C);
                          (iii) may conduct State academic 
                        assessments of student achievement in 
                        grades 4, 8, and 12 as described in 
                        [paragraph (1)(D)] paragraph (2)(D); 
                        and
                          (iv) shall conduct each such State 
                        assessment, in each subject area and at 
                        each grade level, on a developmental 
                        basis until the [Commissioner] 
                        Commissioner for Education Statistics 
                        determines, as the result of an 
                        evaluation required by subsection (f), 
                        that such assessment produces high 
                        quality data that are valid and 
                        reliable.

           *       *       *       *       *       *       *

          (5) Requirement.--In carrying out any assessment 
        authorized under this section, the [Commissioner] 
        Commissioner for Education Statistics, in a manner 
        consistent with subsection [(c)(2)] (c)(3), shall--
                  (A) use widely accepted professional testing 
                standards, objectively measure academic 
                achievement, knowledge, and skills, and ensure 
                that any academic assessment authorized under 
                this section be tests that do not evaluate or 
                assess personal or family beliefs and attitudes 
                or publicly disclose personally identifiable 
                information;
                  (B) only collect information that is directly 
                related to the appraisal of academic 
                achievement, and to the fair and accurate 
                presentation of such information; and
                  (C) collect information on race, ethnicity, 
                socioeconomic status, disability, limited 
                English proficiency, and gender.
          (6) Technical assistance.--In carrying out any 
        assessment authorized under this section, the 
        [Commissioner] Commissioner for Education Statistics 
        may provide technical assistance to States, localities, 
        and other parties.
    (c) Access.--
          (1) Public access.--
                  (A) In general.--Except as provided in 
                paragraph (3), parents and members of the 
                public shall have access to all assessment 
                data, questions, and complete and current 
                assessment instruments of any assessment 
                authorized under this section. The local 
                educational agency shall make reasonable 
                efforts to inform parents and members of the 
                public about the access required under this 
                paragraph.
                  (B) Timeline.--The access described in this 
                paragraph shall be provided within 45 days of 
                the date the request was made, in writing, and 
                be made available in a secure setting that is 
                convenient to both parties.
                  (C) Prohibition.--To protect the integrity of 
                the assessment, no copy of the assessment items 
                or assessment instruments shall be duplicated 
                or taken from the secure setting.
          (2) Complaints.--
                  (A) In general.--Parents and members of the 
                public may submit written complaints to the 
                [National Assessment Governing Board] 
                Assessment Board.
                  (B) Forwarding of complaints.--The [National 
                Assessment Governing Board] Assessment Board 
                shall forward such complaints to the 
                [Commissioner] Commissioner for Education 
                Statistics, the Secretary of Education, and the 
                State and local educational agency from within 
                which the complaint originated within 30 days 
                of receipt of such complaint.
                  (C) Review.--The [National Assessment 
                Governing Board] Assessment Board, in 
                consultation with the [Commissioner] 
                Commissioner for Education Statistics, shall 
                review such complaint and determine whether 
                revisions are necessary and appropriate. As 
                determined by such review, the Board shall 
                revise, as necessary and appropriate, the 
                procedures or assessment items that have 
                generated the complaint and respond to the 
                individual submitting the complaint, with a 
                copy of such response provided to the 
                Secretary, describing any action taken, not 
                later than 30 days after so acting.
                  (D) Report.--The Secretary shall submit a 
                summary report of all complaints received 
                pursuant to subparagraph (A) and responses by 
                the [National Assessment Governing Board] 
                Assessment Board pursuant to [subparagraph (B)] 
                subparagraph (C) to the Chairman of the House 
                Committee on Education and the Workforce, and 
                the Chairman of the Senate Committee on Health, 
                Education, Labor, and Pensions.
                  (E) Cognitive questions.--
                          (i) In general.--The [Commissioner] 
                        Commissioner for Education Statistics 
                        may decline to make available through 
                        public means, such as posting on the 
                        Internet, distribution to the media, 
                        distribution through public agencies, 
                        or in response to a request under 
                        section 552 of title 5, United States 
                        Code, for a period, not to exceed 10 
                        years after initial use, cognitive 
                        questions that the [Commissioner] 
                        Commissioner for Education Statistics 
                        intends to reuse in the future.
                          (ii) Extension.--Notwithstanding 
                        clause (i), the [Commissioner] 
                        Commissioner for Education Statistics 
                        may decline to make cognitive questions 
                        available as described in clause (i) 
                        for a period longer than 10 years if 
                        the [Commissioner] Commissioner for 
                        Education Statistics determines such 
                        additional period is necessary to 
                        protect the security and integrity of 
                        long-term trend data.
          (3) Personally identifiable information.--
                  (A) In general.--The [Commissioner] 
                Commissioner for Education Statistics shall 
                ensure that all personally identifiable 
                information about students, their academic 
                achievement, and their families, and that 
                information with respect to individual schools, 
                remains confidential, in accordance with 
                section 552a of title 5, United States Code.
                  (B) Prohibition.--The [National Board] 
                Assessment Board, the [Commissioner] 
                Commissioner for Education Statistics, and any 
                contractor or subcontractor shall not maintain 
                any system of records containing a student's 
                name, birth information, Social Security 
                number, or parents' name or names, or any other 
                personally identifiable information.
          (4) Penalties.--Any unauthorized person who knowingly 
        discloses, publishes, or uses assessment questions, or 
        complete and current assessment instruments of any 
        assessment authorized under this section may be fined 
        as specified in section 3571 of title 18, United States 
        Code or charged with a class E felony.

           *       *       *       *       *       *       *

    (e) Student Achievement Levels.--
          (1) Achievement levels.--The [National Assessment 
        Governing Board] Assessment Board shall develop 
        appropriate student achievement levels for each grade 
        or age in each subject area to be tested under 
        assessments authorized under this section, except the 
        trend assessment described in subsection (b)(2)(F).
          (2) Determination of levels.--
                  (A) In general.--Such levels shall--
                          (i) be determined by--
                                  (I) identifying the knowledge 
                                that can be measured and 
                                verified objectively using 
                                widely accepted professional 
                                assessment standards; and
                                  (II) developing achievement 
                                levels that are consistent with 
                                relevant widely accepted 
                                professional assessment 
                                standards and based on the 
                                appropriate level of subject 
                                matter knowledge for grade 
                                levels to be assessed, or the 
                                age of the students, as the 
                                case may be.
                  (B) National consensus approach.--After the 
                determinations described in subparagraph (A), 
                devising a national consensus approach.
                  (C) Trial basis.--The achievement levels 
                shall be used on a trial basis until the 
                [Commissioner] Commissioner for Education 
                Statistics determines, as a result of an 
                evaluation under subsection (f), that such 
                levels are reasonable, valid, and informative 
                to the public.
                  (D) Status.--The [Commissioner] Commissioner 
                for Education Statistics and the Board shall 
                ensure that reports using such levels on a 
                trial basis do so in a manner that makes clear 
                the status of such levels.
                  (E) Updates.--Such levels shall be updated as 
                appropriate by the [National Assessment 
                Governing Board] Assessment Board in 
                consultation with the [Commissoner] 
                Commissioner for Education Statistics.
          (3) Reporting.--After determining that such levels 
        are reasonable, valid, and informative to the public, 
        as the result of an evaluation under subsection (f), 
        the [Commissioner] Commissioner for Education 
        Statistics shall use such levels or other methods or 
        indicators for reporting results of the National 
        Assessment and State assessments.
          (4) Review.--The [National Assessment Governing 
        Board] Assessment Board shall provide for a review of 
        any trial student achievement levels under development 
        by representatives of State educational agencies or the 
        chief State school officer in a manner consistent with 
        subsection (c), except the review described in 
        [subparagraph (2)(C)] paragraph (2)(C) of such 
        subsection shall take place in consultation with the 
        representatives described in this paragraph.
    (f) Review of National and State Assessments.--
          (1) Review.--
                  (A) In general.--The Secretary shall provide 
                for continuing review of any assessment 
                authorized under this section, and student 
                achievement levels, by one or more professional 
                assessment evaluation organizations.
                  (B) Issues addressed.--Such continuing review 
                shall address--
                          (i) whether any authorized assessment 
                        is properly administered, produces high 
                        quality data that are valid and 
                        reliable, is consistent with relevant 
                        widely accepted professional assessment 
                        standards, and produces data on student 
                        achievement that are not otherwise 
                        available to the State (other than data 
                        comparing participating States to each 
                        other and the Nation);
                          (ii) whether student achievement 
                        levels are reasonable, valid, reliable, 
                        and informative to the public;--
                          (iii) whether any authorized 
                        assessment is being administered as a 
                        random sample and is reporting the 
                        trends in academic achievement in a 
                        valid and reliable manner in the 
                        subject areas being assessed;
                          (iv) whether any of the test 
                        questions are biased, as described in 
                        [section 412(e)(4)] section 302(e)(4); 
                        and
                          (v) whether the appropriate 
                        authorized assessments are measuring, 
                        consistent with this section, reading 
                        ability and mathematical knowledge.
          (2) Report.--The Secretary shall report to the 
        Committee on Education and the Workforce of the House 
        of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate, the 
        President, and the Nation on the findings and 
        recommendations of such reviews.
          (3) Use of findings and recommendations.--The 
        [Commissioner] Commissioner for Education Statistics 
        and the [National Assessment Governing Board] 
        Assessment Board shall consider the findings and 
        recommendations of such reviews in designing the 
        competition to select the organization, or 
        organizations, through which the [Commissioner] 
        Commissioner for Education Statistics carries out the 
        National Assessment.

           *       *       *       *       *       *       *

SECTION 1. TABLE OF CONTENTS.

           *       *       *       *       *       *       *

           TITLE II--REGIONAL EDUCATIONAL TECHNICAL ASSISTANCE

     * * * * * * *

         [TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

[Sec. 301. Short title.
[Sec. 302. Definitions.
[Sec. 303. Authorization of appropriations.]

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Sec. 301. Short title.
Sec. 302. National Assessment Governing Board.
Sec. 303. National Assessment of Educational Progress.
Sec. 304. Definitions.
Sec. 305. Authorization of appropriations.

SEC. [302] 304. DEFINITIONS.

    In this title:
          (1) *  *  *

           *       *       *       *       *       *       *

SEC. [303] 305. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.-- *  *  *

           *       *       *       *       *       *       *

DEPARTMENT OF EDUCATION ORGANIZATION ACT

           *       *       *       *       *       *       *

    Section 1. This Act may be cited as the ``Department of 
Education Organization Act''.

                            TABLE OF CONTENTS

Sec. 1. Short title; table of contents.

                       TITLE I--GENERAL PROVISIONS

     * * * * * * *

                TITLE II--ESTABLISHMENT OF THE DEPARTMENT

     * * * * * * *
[Sec. 208. Office of Educational Research and Improvement.]
Sec. 208. United States Institute for Education Sciences.

    Sec. 202. (a)(1) * * *

           *       *       *       *       *       *       *

    (b)(1) There shall be in the Department-- * * *

           *       *       *       *       *       *       *

          [(4) There shall be in the Department an Assistant 
        Secretary for Educational Research and Improvement who 
        shall be--
                  [(A) appointed by the President, by and with 
                the consent of the Senate; and
                  [(B) selected (giving due consideration to 
                recommendations from the National Educational 
                Research Policy and Priorities Board) from 
                among individuals who--
                          [(i) are distinguished educational 
                        researchers or practitioners;
                          [(ii) have proven management ability; 
                        and
                          [(iii) have substantial knowledge of 
                        education within the United States.]
          (4) There shall be in the Department a Director of 
        the United States Institute for Education Sciences who 
        shall be appointed in accordance with section 114(a) of 
        the Education Sciences Reform Act of 2002 and perform 
        the duties described in that Act.

           *       *       *       *       *       *       *

    [Sec. 208. There shall be in the Department an Office of 
Educational Research and Improvement, to be administered by the 
Assistant Secretary for Educational Research and Improvement 
appointed under section 202(b). The Assistant Secretary shall 
administer such functions concerning research, development, 
demonstration, dissemination, evaluation, and assessment 
activities as the Secretary shall delegate and such functions 
as set forth in the Educational Research, Development, 
Dissemination, and Improvement Act of 1994.]

             UNITED STATES INSTITUTE FOR EDUCATION SCIENCES

    Sec. 208. There shall be in the Department of Education the 
United States Institute for Education Sciences, which shall be 
administered in accordance with the Education Sciences Reform 
Act of 2002 by the Director appointed under section 114(a) of 
that Act.

GOALS 2000: EDUCATE AMERICA ACT

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS

    (a) Short Title.--This Act (other than titles V and IX) may 
be cited as the ``Goals 2000: Educate America Act''.
    (b) Table of Contents.--The table of contents is as 
follows:

           *       *       *       *       *       *       *

             TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT

Sec. 901. Short title.
Sec. 902. Findings.

[Part A--General Provisions Regarding the Office of Educational Research 
                             and Improvement

[Sec. 911. Repeal.
[Sec. 912. Office of Educational Research and Improvement.
[Sec. 913. Assistant Secretary for Educational Research and Improvement.
[Sec. 914. Savings provision.
[Sec. 915. Existing grants and contracts.

   [Part B--National Educational Research Policy and Priorities Board

[Sec. 921. Establishment within Office of Educational Research and 
          Improvement.

                  [Part C--National Research Institutes

[Sec. 931. Establishment within the Office of Educational Research and 
          Improvement.

            [Part D--National Education Dissemination System

[Sec. 941. Establishment within Office of Educational Research and 
          Improvement.

                 [Part E--National Library of Education

[Sec. 951. Establishment within Office of Educational Research and 
          Improvement.]

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *

Sec. 5315.  POSITIONS AT LEVEL IV

           *       *       *       *       *       *       *

GENERAL EDUCATION PROVISIONS ACT

           *       *       *       *       *       *       *

SEC. 447. PROHIBITION OF FEDERALLY SPONSORED TESTING.

    (a) General Prohibition.--Notwithstanding any other 
provision of Federal law and except as provided in subsection 
(b), no funds provided to the Department of Education or to an 
applicable program, may be used to pilot test, field test, 
implement, administer or distribute in any way any federally 
sponsored national test in reading, mathematics, or any other 
subject that is not specifically and explicitly provided for in 
authorizing legislation enacted into law.
    (b) Exceptions.--Subsection (a) shall not apply to the 
Third International Mathematics and Science Study or other 
international comparative assessments developed under the 
authority of [section 404(a)(6) of the National Education 
Statistics Act of 1994 (20 U.S.C. 9003(a)(6))] section 
153(a)(6) of the Education Sciences Reform Act of 2002 and 
administered to only a representative sample of pupils in the 
United States and in foreign nations.

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

           *       *       *       *       *       *       *

SEC. 1111.  STATE PLANS.

    (a) Plans Required.-- * * *

           *       *       *       *       *       *       *

    (c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that-- * * *

           *       *       *       *       *       *       *

          (2) the State will, beginning in school year 2002-
        2003, participate in biennial State academic 
        assessments of 4th and 8th grade reading and 
        mathematics under the National Assessment of 
        Educational Progress carried out under [section 
        411(b)(2) of the National Education Statistics Act of 
        1994] section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act if the Secretary 
        pays the costs of administering such assessments;

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    (a) Plans Required.-- * * *

           *       *       *       *       *       *       *

    (b) Plan Provisions.--
          (1) In general.--In order to help low-achieving 
        children meet challenging achievement academic 
        standards, each local educational agency plan shall 
        include--
                  (A) a description of high-quality student 
                academic assessments, if any, that are in 
                addition to the academic assessments described 
                in the State plan under section 1111(b)(3), 
                that the local educational agency and schools 
                served under this part will use-- * * *

           *       *       *       *       *       *       *

                  (F) an assurance that the local educational 
                agency will participate, if selected, in the 
                State National Assessment of Educational 
                Progress in 4th and 8th grade reading and 
                mathematics carried out under section 
                [411(b)(2) of the National Education Statistics 
                Act of 1994] section 303(b)(2) of the National 
                Assessment of Educational Progress 
                Authorization Act;

           *       *       *       *       *       *       *

SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

    (a) System for Support.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (3) Regional centers.--Such a statewide system shall, 
        to the extent practicable, work with and receive 
        support and assistance from regional educational 
        laboratories established under part E of the Education 
        Sciences Reform Act of 2002 and comprehensive centers 
        established under the Regional Assistance Act of 2002 
        and the comprehensive regional technical assistance 
        centers and the regional educational laboratories under 
        section 941(h) of the Educational Research, 
        Development, Dissemination, and Improvement Act of 1994 
        (as such section existed on the day before the date of 
        enactment of the Education Sciences Reform Act of 
        2002), or other providers of technical assistance.

SEC. 1501. EVALUATIONS.

    (a) National Assessment of Title I.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (3) Sources of information.--In conducting the 
        assessment under this subsection, the Secretary shall 
        use information from a variety of sources, including 
        the National Assessment of Educational Progress 
        (carried out under [section 411 of the National 
        Education Statistics Act of 1994] section 303 of the 
        National Assessment of Educational Progress 
        Authorization Act), State evaluations, and other 
        research studies.

           *       *       *       *       *       *       *

SEC. 3222. RESEARCH.

    (a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the [Office of 
Educational Research and Improvement] United States Institute 
for Education Sciences in coordination and collaboration with 
the Office of English Language Acquisition, Language 
Enhancement, and Academic Achievement for Limited English 
Proficient Students.

           *       *       *       *       *       *       *

SEC. 3303. NATIONAL CLEARINGHOUSE.

    The Secretary shall establish and support the operation of 
a National Clearinghouse for English Language Acquisition and 
Language Instruction Educational Programs, which shall collect, 
analyze, synthesize, and disseminate information about language 
instruction educational programs for limited English proficient 
children, and related programs. The National Clearinghouse 
shall--
          (1) be administered as an adjunct clearinghouse of 
        the Educational Resources Information Center 
        Clearinghouses system supported by the [Office of 
        Educational Research and Improvement] United States 
        Institute for Education Sciences;

           *       *       *       *       *       *       *

SEC. 5464. AUTHORIZED PROGRAMS.

    (a) Establishment of Program.--
          (1) In general.--

           *       *       *       *       *       *       *

    (e) Coordination.--Scientifically based research activities 
supported under this supart--
          (1) shall be carried out in consultation with the 
        [Office of Educational Research and Improvement] United 
        States Institute for Education Sciences to ensure that 
        such activities are coordinated with and enhance the 
        research and development activities supported by [such 
        Office] such Institute; and
          (2) may include collaborative scientifically based 
        research activities which are jointly funded and 
        carried out with [such Office] such Institute.

           *       *       *       *       *       *       *

SEC. 5613. PROGRAMS AUTHORIZED.

    (a) In General.--The Secretary is authorized--
          (1) to promote, coordinate, and evaluate gender 
        equity policies, programs, activities, and initiatives 
        in all Federal education programs and offices;
          (2) to develop, maintain, and disseminate materials, 
        resources, analyses, and research relating to education 
        equity for women and girls;
          (3) to provide information and technical assistance 
        to assure the effective implementation of gender equity 
        programs;
          (4) to coordinate gender equity programs and 
        activities with other Federal agencies with 
        jurisdiction over education and related programs;
          (5) to assist the [the Assistant Secretary of the 
        Office of Educational and Research and Improvement] 
        Director of the United States Institute for Educational 
        Sciences in identifying research priorities related to 
        education equity for women and girls; and
          (6) to perform any other activities consistent with 
        achieving the purposes of this subpart.
    (b) Grants Authorized.--
          (1) In general.--The Secretary is authorized to award 
        grants to, and enter into contracts and cooperative 
        agreements with, public agencies, private nonprofit 
        agencies, organizations, institutions, student groups, 
        community groups, and individuals, for a period not to 
        exceed 4 years, to--
                  (A) provide grants to develop model equity 
                programs; and
                  (B) provide funds for the implementation of 
                equity programs in schools throughout the 
                Nation.
          (2) Support and technical assistance.--To achieve the 
        purposes of this subpart, the Secretary is authorized 
        to provide support and technical assistance--
                  (A) to implement effective gender-equity 
                policies and programs at all educational 
                levels, including-- * * *

           *       *       *       *       *       *       *

                  (B) for research and development, which shall 
                be coordinated with each of the [research 
                institutes of the Office of Educational 
                Research and Improvement] National Education 
                Centers of the United States Institute for 
                Education Sciences to avoid duplication of 
                research efforts, designed to advance gender 
                equity nationwide and to help make policies and 
                practices in * * *

           *       *       *       *       *       *       *

SEC. 5615. CRITERIA AND PRIORITIES.

    (a) Criteria and Priorities.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

    (d) Coordination.--Research activities support under this 
subpart--
          (1) shall be carried out in consultation with the 
        [Office of Education Research and Improvement] United 
        States Institute for Education Sciences to ensure that 
        such activities are coordinated with and enhance the 
        research and development activities supported [by the 
        Office]  by the Institute; and
          (2) may include collaborative research activities 
        which are jointly funded and carried out with the 
        [Office of Educational Research and Improvement] United 
        States Institute for Education Sciences.
    (3) Limitation.--Nothing in this subpart shall be construed 
as prohibiting men and boys from participating in any programs 
or activities assisted with funds under this subpart.

           *       *       *       *       *       *       *

SEC. 7131. [20 U.S.C. 7451] NATIONAL RESEARCH ACTIVITIES.

    (a) Authorized Activities.-- * * *

           *       *       *       *       *       *       *

    (c) Coordination.--Research activities supported under this 
section--
          (1) shall be carried out in consultation with the 
        [Office of Educational Research and Improvement] United 
        States Institute for Education Sciences to ensure that 
        such activities are coordinated with and enhance the 
        research and development activities supported [by the 
        Office] by the Insitute; and
          (2) may include collaborative research activities 
        that are jointly funded and carried out [by the Office] 
        by the Institute of Indian Education Programs and the 
        [Office of Educational Research and Improvement] United 
        States Institute for Education Sciences.

SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    (a) General Prohibition.--Notwithstanding any other 
provision of Federal law and expect as provided in subsection 
(b), no funds provided under this Act to the Secretary or to 
the recipient of any award may be used to develop, pilot test, 
field test, implement, administer, or distribute any federally 
sponsored national test in reading, mathematics, or any other 
subject, unless specifically and explicitly authorized by law.
    (b) Exceptions.--Subsection (a) shall not apply to 
international comparative assessments developed under the 
authority of [section 404(a)(6) of the National Education 
Statistics Act of 1994] section 153(a)(5) of the Education 
Sciences Reform Act of 2002 and administered to only a 
representative sample of pupils in the United States and in 
foreign nations.

SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK.

    The Secretaries, acting through such mechanisms as the 
Capacity Building and Information and Dissemination Network 
established under section 453(b) of the Job Training 
Partnership Act (29 U.S.C. 1733(b)), the Educational Resources 
Information Center Clearinghouses referred to in the 
Educational Research, Development, Dissemination, and 
Improvement Act of 1994 (as such Act existed on the day before 
the date of enactment of the Education Sciences Reform Act of 
2002), and the National Network for curriculum Coordination in 
Vocational and Technical Education under section 402(c) of the 
Carl D. Perkins Vocational and Applied Technology Education Act 
(20 U.S.C. 2402(c)), shall-- * * *

           *       *       *       *       *       *       *

                                
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