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[107th Congress Public Law 279]
[From the U.S. Government Printing Office]

[DOCID: f:publ279.107]

[[Page 1939]]

                        EDUCATION SCIENCES REFORM

[[Page 116 STAT. 1940]]

Public Law 107-279
107th Congress

                                 An Act

 
 To provide for improvement of Federal education research, statistics, 
       evaluation, information, and dissemination, and for other 
            purposes. <<NOTE: Nov. 5, 2002 -  [H.R. 3801]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

                   TITLE I--EDUCATION SCIENCES REFORM

Sec. 101. Short title.
Sec. 102. Definitions.

               Part A--The Institute of Education Sciences

Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.

             Part B--National Center for Education Research

Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.

            Part C--National Center for Education Statistics

Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.

Part D--National Center for Education Evaluation and Regional Assistance

Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, 
           dissemination, and technical assistance.

                       Part E--General Provisions

Sec. 181. Interagency data sources and formats.

[[Page 116 STAT. 1941]]

Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.

               TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

                     TITLE IV--AMENDATORY PROVISIONS

Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.

  TITLE <<NOTE: Education Sciences Reform Act of 2002.>>  I--EDUCATION 
SCIENCES REFORM

SEC. 101. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.

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

SEC. 102. <<NOTE: 20 USC 9501.>> DEFINITIONS.

    In this title:
            (1) In general.--The terms ``elementary school'', 
        ``secondary school'', ``local educational agency'', and ``State 
        educational agency'' have the meanings given those terms in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801) and the terms ``freely associated states'' 
        and ``outlying area'' have the meanings given those terms in 
        section 1121(c) of such Act (20 U.S.C. 6331(c)).
            (2) Applied research.--The term ``applied research'' means 
        research--
                    (A) to gain knowledge or understanding necessary for 
                determining the means by which a recognized and specific 
                need may be met; and
                    (B) that is specifically directed to the advancement 
                of practice in the field of education.
            (3) Basic research.--The term ``basic research'' means 
        research--

[[Page 116 STAT. 1942]]

                    (A) to gain fundamental knowledge or understanding 
                of phenomena and observable facts, without specific 
                application toward processes or products; and
                    (B) for the advancement of knowledge in the field of 
                education.
            (4) Board.--The term ``Board'' means the National Board for 
        Education Sciences established under section 116.
            (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs.
            (6) Comprehensive center.--The term ``comprehensive center'' 
        means an entity established under section 203 of the Educational 
        Technical Assistance Act of 2002.
            (7) Department.--The term ``Department'' means the 
        Department of Education.
            (8) Development.--The term ``development'' means the 
        systematic use of knowledge or understanding gained from the 
        findings of scientifically valid research and the shaping of 
        that knowledge or understanding into products or processes that 
        can be applied and evaluated and may prove useful in areas such 
        as the preparation of materials and new methods of instruction 
        and practices in teaching, that lead to the improvement of the 
        academic skills of students, and that are replicable in 
        different educational settings.
            (9) Director.--The term ``Director'' means the Director of 
        the Institute of Education Sciences.
            (10) Dissemination.--The term ``dissemination'' means the 
        communication and transfer of the results of scientifically 
        valid research, statistics, and evaluations, in forms that are 
        understandable, easily accessible, and usable, or adaptable for 
        use in, the improvement of educational practice by teachers, 
        administrators, librarians, other practitioners, researchers, 
        parents, policymakers, and the public, through technical 
        assistance, publications, electronic transfer, and other means.
            (11) Early childhood educator.--The term ``early childhood 
        educator'' means a person providing, or employed by a provider 
        of, nonresidential child care services (including center-based, 
        family-based, and in-home child care services) that is legally 
        operating under State law, and that complies with applicable 
        State and local requirements for the provision of child care 
        services to children at any age from birth through the age at 
        which a child may start kindergarten in that State.
            (12) Field-initiated research.--The term ``field-initiated 
        research'' means basic research or applied research in which 
        specific questions and methods of study are generated by 
        investigators (including teachers and other practitioners) and 
        that conforms to standards of scientifically valid research.
            (13) Historically black college or university.--The term 
        ``historically Black college or university'' means a part B 
        institution as defined in section 322 of the Higher Education 
        Act of 1965 (20 U.S.C. 1061).
            (14) Institute.--The term ``Institute'' means the Institute 
        of Education Sciences established under section 111.
            (15) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).

[[Page 116 STAT. 1943]]

            (16) National research and development center.--The term 
        ``national research and development center'' means a research 
        and development center supported under section 133(c).
            (17) Provider of early childhood services.--The term 
        ``provider of early childhood services'' means a public or 
        private entity that serves young children, including--
                    (A) child care providers;
                    (B) Head Start agencies operating Head Start 
                programs, and entities carrying out Early Head Start 
                programs, under the Head Start Act (42 U.S.C. 9831 et 
                seq.);
                    (C) preschools;
                    (D) kindergartens; and
                    (E) libraries.
            (18) Scientifically based research standards.--(A) The term 
        ``scientifically based research standards'' means research 
        standards that--
                    (i) apply rigorous, systematic, and objective 
                methodology to obtain reliable and valid knowledge 
                relevant to education activities and programs; and
                    (ii) present findings and make claims that are 
                appropriate to and supported by the methods that have 
                been employed.
            (B) The term includes, appropriate to the research being 
        conducted--
                    (i) employing systematic, empirical methods that 
                draw on observation or experiment;
                    (ii) involving data analyses that are adequate to 
                support the general findings;
                    (iii) relying on measurements or observational 
                methods that provide reliable data;
                    (iv) making claims of causal relationships only in 
                random assignment experiments or other designs (to the 
                extent such designs substantially eliminate plausible 
                competing explanations for the obtained results);
                    (v) ensuring that studies and methods are presented 
                in sufficient detail and clarity to allow for 
                replication or, at a minimum, to offer the opportunity 
                to build systematically on the findings of the research;
                    (vi) obtaining acceptance by a peer-reviewed journal 
                or approval by a panel of independent experts through a 
                comparably rigorous, objective, and scientific review; 
                and
                    (vii) using research designs and methods appropriate 
                to the research question posed.
            (19) Scientifically valid education evaluation.--The term 
        ``scientifically valid education evaluation'' means an 
        evaluation that--
                    (A) adheres to the highest possible standards of 
                quality with respect to research design and statistical 
                analysis;
                    (B) provides an adequate description of the programs 
                evaluated and, to the extent possible, examines the 
                relationship between program implementation and program 
                impacts;
                    (C) provides an analysis of the results achieved by 
                the program with respect to its projected effects;

[[Page 116 STAT. 1944]]

                    (D) employs experimental designs using random 
                assignment, when feasible, and other research 
                methodologies that allow for the strongest possible 
                causal inferences when random assignment is not 
                feasible; and
                    (E) may study program implementation through a 
                combination of scientifically valid and reliable 
                methods.
            (20) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied research, 
        basic research, and field-initiated research in which the 
        rationale, design, and interpretation are soundly developed in 
        accordance with scientifically based research standards.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (22) State.--The term ``State'' includes (except as provided 
        in section 158) each of the 50 States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the freely associated states, 
        and the outlying areas.
            (23) Technical assistance.--The term ``technical 
        assistance'' means--
                    (A) assistance in identifying, selecting, or 
                designing solutions based on research, including 
                professional development and high-quality training to 
                implement solutions leading to--
                          (i) improved educational and other practices 
                      and classroom instruction based on scientifically 
                      valid research; and
                          (ii) improved planning, design, and 
                      administration of programs;
                    (B) assistance in interpreting, analyzing, and 
                utilizing statistics and evaluations; and
                    (C) other assistance necessary to encourage the 
                improvement of teaching and learning through the 
                applications of techniques supported by scientifically 
                valid research.

               PART A--THE INSTITUTE OF EDUCATION SCIENCES

SEC. 111. <<NOTE: 20 USC 9511.>> ESTABLISHMENT.

    (a) Establishment.--There shall be in the Department the Institute 
of Education Sciences, to be administered by a Director (as described in 
section 114) and, to the extent set forth in section 116, a board of 
directors.
    (b) Mission.--
            (1) In general.--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--
                    (A) the condition and progress of education in the 
                United States, including early childhood education;
                    (B) educational practices that support learning and 
                improve academic achievement and access to educational 
                opportunities for all students; and
                    (C) the effectiveness of Federal and other education 
                programs.

[[Page 116 STAT. 1945]]

            (2) Carrying out mission.--In carrying out the mission 
        described in paragraph (1), the Institute shall compile 
        statistics, develop products, and conduct research, evaluations, 
        and wide dissemination activities in areas of demonstrated 
        national need (including in technology areas) that are supported 
        by Federal funds appropriated to the Institute and ensure that 
        such activities--
                    (A) conform to high standards of quality, integrity, 
                and accuracy; and
                    (B) are objective, secular, neutral, and 
                nonideological and are free of partisan political 
                influence and racial, cultural, gender, or regional 
                bias.

    (c) Organization.--The Institute shall consist of the following:
            (1) The Office of the Director (as described in section 
        114).
            (2) The National Board for Education Sciences (as described 
        in section 116).
            (3) The National Education Centers, which include--
                    (A) the National Center for Education Research (as 
                described in part B);
                    (B) the National Center for Education Statistics (as 
                described in part C); and
                    (C) the National Center for Education Evaluation and 
                Regional Assistance (as described in part D).

SEC. 112. <<NOTE: 20 USC 9512.>> FUNCTIONS.

    From funds appropriated under section 194, the Institute, directly 
or through grants, contracts, or cooperative agreements, shall--
            (1) conduct and support scientifically valid research 
        activities, including basic research and applied research, 
        statistics activities, scientifically valid education 
        evaluation, development, and wide dissemination;
            (2) widely disseminate the findings and results of 
        scientifically valid research in education;
            (3) promote the use, development, and application of 
        knowledge gained from scientifically valid research activities;
            (4) strengthen the national capacity to conduct, develop, 
        and widely disseminate scientifically valid research in 
        education;
            (5) promote the coordination, development, and dissemination 
        of scientifically valid research in education within the 
        Department and the Federal Government; and
            (6) promote the use and application of research and 
        development to improve practice in the classroom.

SEC. 113. <<NOTE: 20 USC 9513.>> DELEGATION.

    (a) Delegation of Authority.--Notwithstanding section 412 of the 
Department of Education Organization Act (20 U.S.C. 3472), the Secretary 
shall delegate to the Director all functions for carrying out this title 
(other than administrative and support functions), except that--
            (1) nothing in this title or in the National Assessment of 
        Educational Progress Authorization Act (except section 
        302(e)(1)(J) of such Act) shall be construed to alter or 
        diminish the role, responsibilities, or authority of the 
        National Assessment Governing Board with respect to the National 
        Assessment of Educational Progress (including with respect to 
        the methodologies of the National Assessment of Educational 
        Progress

[[Page 116 STAT. 1946]]

        described in section 302(e)(1)(E)) from those authorized by the 
        National Education Statistics Act of 1994 (20 U.S.C. 9001 et 
        seq.) on the day before the date of enactment of this Act;
            (2) members of the National Assessment Governing Board shall 
        continue to be appointed by the Secretary;
            (3) section 302(f)(1) of the National Assessment of 
        Educational Progress Authorization Act shall apply to the 
        National Assessment Governing Board in the exercise of its 
        responsibilities under this Act;
            (4) sections 115 and 116 shall not apply to the National 
        Assessment of Educational Progress; and
            (5) sections 115 and 116 shall not apply to the National 
        Assessment Governing Board.

    (b) Other Activities.--The Secretary may assign the Institute 
responsibility for administering other activities, if those activities 
are consistent with--
            (1) the Institute's priorities, as approved by the National 
        Board for Education Sciences under section 116, and the 
        Institute's mission, as described in section 111(b); or
            (2) the Institute's mission, but only if those activities do 
        not divert the Institute from its priorities.

SEC. 114. <<NOTE: 20 USC 9514.>> OFFICE OF THE DIRECTOR.

    (a) Appointment.--Except as provided in subsection (b)(2), the 
President, by and with the advice and consent of the Senate, shall 
appoint the Director of the Institute.
    (b) Term.--
            (1) In general.--The Director shall serve for a term of 6 
        years, beginning on the date of appointment of the Director.
            (2) First director.--The President, without the advice and 
        consent of the Senate, may appoint the Assistant Secretary for 
        the Office of Educational Research and Improvement (as such 
        office existed on the day before the date of enactment of this 
        Act) to serve as the first Director of the Institute.
            (3) Subsequent directors.--The Board may make 
        recommendations to the President with respect to the appointment 
        of a Director under subsection (a), other than a Director 
        appointed under paragraph (2).

    (c) Pay.--The Director shall receive the rate of basic pay for level 
II of the Executive Schedule.
    (d) Qualifications.--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 such areas, and have a demonstrated capacity for 
sustained productivity and leadership in these areas.
    (e) Administration.--The Director shall--
            (1) administer, oversee, and coordinate the activities 
        carried out under the Institute, including the activities of the 
        National Education Centers; and
            (2) coordinate and approve budgets and operating plans for 
        each of the National Education Centers for submission to the 
        Secretary.

    (f) Duties.--The duties of the Director shall include the following:
            (1) To propose to the Board priorities for the Institute, in 
        accordance with section 115(a).

[[Page 116 STAT. 1947]]

            (2) To ensure the methodology applied in conducting 
        research, development, evaluation, and statistical analysis is 
        consistent with the standards for such activities under this 
        title.
            (3) To coordinate education research and related activities 
        carried out by the Institute with such research and activities 
        carried out by other agencies within the Department and the 
        Federal Government.
            (4) To advise the Secretary on research, evaluation, and 
        statistics activities relevant to the activities of the 
        Department.
            (5) To establish necessary procedures for technical and 
        scientific peer review of the activities of the Institute, 
        consistent with section 116(b)(3).
            (6) To ensure that all participants in research conducted or 
        supported by the Institute are afforded their privacy rights and 
        other relevant protections as research subjects, in accordance 
        with section 183 of this title, section 552a of title 5, United 
        States Code, and sections 444 and 445 of the General Education 
        Provisions Act (20 U.S.C. 1232g, 1232h).
            (7) To ensure that activities conducted or supported by the 
        Institute are objective, secular, neutral, and nonideological 
        and are free of partisan political influence and racial, 
        cultural, gender, or regional bias.
            (8) To undertake initiatives and programs to increase the 
        participation of researchers and institutions that have been 
        historically underutilized in Federal education research 
        activities of the Institute, including historically Black 
        colleges or universities or other institutions of higher 
        education with large numbers of minority students.
            (9) To coordinate with the Secretary to promote and provide 
        for the coordination of research and development activities and 
        technical assistance activities between the Institute and 
        comprehensive centers.
            (10) To solicit and consider the recommendations of 
        education stakeholders, in order to ensure that there is broad 
        and regular public and professional input from the educational 
        field in the planning and carrying out of the Institute's 
        activities.
            (11) To coordinate the wide dissemination of information on 
        scientifically valid research.
            (12) To carry out and support other activities consistent 
        with the priorities and mission of the Institute.

    (g) Expert Guidance and Assistance.--The Director may establish 
technical and scientific peer-review groups and scientific program 
advisory committees for research and evaluations that the Director 
determines are necessary to carry out the requirements of this title. 
The Director shall appoint such personnel, except that officers and 
employees of the United States shall comprise no more than \1/4\ of the 
members of any such group or committee and shall not receive additional 
compensation for their service as members of such a group or committee. 
The Director shall ensure that reviewers are highly qualified and 
capable to appraise education research and development projects. The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a 
peer-review group or an advisory committee established under this 
subsection.
    (h) Review.--The Director may, when requested by other officers of 
the Department, and shall, when directed by the Secretary,

[[Page 116 STAT. 1948]]

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.

SEC. 115. <<NOTE: 20 USC 9515.>> PRIORITIES.

    (a) Proposal.--The Director shall propose to the Board priorities 
for the Institute (taking 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 are focused on understanding 
and solving particular education problems and issues, including those 
associated with the goals and requirements established in the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such as--
            (1) closing the achievement gap between high-performing and 
        low-performing children, especially achievement gaps between 
        minority and nonminority children and between disadvantaged 
        children and such children's more advantaged peers; and
            (2) ensuring--
                    (A) that all children have the ability to obtain a 
                high-quality education (from early childhood through 
                postsecondary education) and reach, at a minimum, 
                proficiency on challenging State academic achievement 
                standards and State academic assessments, particularly 
                in mathematics, science, and reading or language arts;
                    (B) access to, and opportunities for, postsecondary 
                education; and
                    (C) the efficacy, impact on academic achievement, 
                and cost-effectiveness of technology use within the 
                Nation's schools.

    (b) Approval.--The Board shall approve or disapprove the priorities 
for the Institute proposed by the Director, including any necessary 
revision of those priorities. The Board shall transmit any priorities so 
approved to the appropriate congressional committees.
    (c) Consistency.--The Board shall ensure that priorities of the 
Institute and the National Education Centers are consistent with the 
mission of the Institute.
    (d) Public Availability and Comment.--
            (1) Priorities.--Before submitting to the Board proposed 
        priorities for the Institute, the Director shall make such 
        priorities available to the public for comment for not less than 
        60 days (including by means of the Internet and through 
        publishing such priorities in the Federal Register). The 
        Director shall provide to the Board a copy of each such comment 
        submitted.
            (2) Plan.--Upon approval of such priorities, the Director 
        shall make the Institute's plan for addressing such priorities 
        available for public comment in the same manner as under 
        paragraph (1).

SEC. 116. <<NOTE: 20 USC 9516.>> NATIONAL BOARD FOR EDUCATION SCIENCES.

    (a) Establishment.--The Institute shall have a board of directors, 
which shall be known as the National Board for Education Sciences.
    (b) Duties.--The duties of the Board shall be the following:

[[Page 116 STAT. 1949]]

            (1) To advise and consult with the Director on the policies 
        of the Institute.
            (2) To consider and approve priorities proposed by the 
        Director under section 115 to guide the work of the Institute.
            (3) To review and approve procedures for technical and 
        scientific peer review of the activities of the Institute.
            (4) To advise the Director on the establishment of 
        activities to be supported by the Institute, including the 
        general areas of research to be carried out by the National 
        Center for Education Research.
            (5) To present to the Director such recommendations as it 
        may find appropriate for--
                    (A) the strengthening of education research; and
                    (B) the funding of the Institute.
            (6) To advise the Director on the funding of applications 
        for grants, contracts, and cooperative agreements for research, 
        after the completion of peer review.
            (7) To review and regularly evaluate the work of the 
        Institute, to ensure that scientifically valid research, 
        development, evaluation, and statistical analysis are consistent 
        with the standards for such activities under this title.
            (8) To advise the Director on ensuring that activities 
        conducted or supported by the Institute are objective, secular, 
        neutral, and nonideological and are free of partisan political 
        influence and racial, cultural, gender, or regional bias.
            (9) To solicit advice and information from those in the 
        educational field, particularly practitioners and researchers, 
        to recommend to the Director topics that require long-term, 
        sustained, systematic, programmatic, and integrated research 
        efforts, including knowledge utilization and wide dissemination 
        of research, consistent with the priorities and mission of the 
        Institute.
            (10) To advise the Director on opportunities for the 
        participation in, and the advancement of, women, minorities, and 
        persons with disabilities in education research, statistics, and 
        evaluation activities of the Institute.
            (11) To recommend to the Director ways to enhance strategic 
        partnerships and collaborative efforts among other Federal and 
        State research agencies.
            (12) To recommend to the Director individuals to serve as 
        Commissioners of the National Education Centers.

    (c) Composition.--
            (1) Voting members.--The Board shall have 15 voting members 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Advice.--The President shall solicit advice regarding 
        individuals to serve on the Board from the National Academy of 
        Sciences, the National Science Board, and the National Science 
        Advisor.
            (3) Nonvoting ex officio members.--The Board shall have the 
        following nonvoting ex officio members:
                    (A) The Director of the Institute of Education 
                Sciences.
                    (B) Each of the Commissioners of the National 
                Education Centers.
                    (C) The Director of the National Institute of Child 
                Health and Human Development.
                    (D) The Director of the Census.

[[Page 116 STAT. 1950]]

                    (E) The Commissioner of Labor Statistics.
                    (F) The Director of the National Science Foundation.
            (4) Appointed membership.--
                    (A) Qualifications.--Members appointed under 
                paragraph (1) shall be highly qualified to appraise 
                education research, statistics, evaluations, or 
                development, and shall include the following 
                individuals:
                          (i) Not fewer than 8 researchers in the field 
                      of statistics, evaluation, social sciences, or 
                      physical and biological sciences, which may 
                      include those researchers recommended by the 
                      National Academy of Sciences.
                          (ii) Individuals who are knowledgeable about 
                      the educational needs of the United States, who 
                      may include school-based professional educators, 
                      parents (including parents with experience in 
                      promoting parental involvement in education), 
                      Chief State School Officers, State postsecondary 
                      education executives, presidents of institutions 
                      of higher education, local educational agency 
                      superintendents, early childhood experts, 
                      principals, members of State or local boards of 
                      education or Bureau-funded school boards, and 
                      individuals from business and industry with 
                      experience in promoting private sector involvement 
                      in education.
                    (B) Terms.--Each member appointed under paragraph 
                (1) shall serve for a term of 4 years, except that--
                          (i) the terms of the initial members appointed 
                      under such paragraph shall (as determined by a 
                      random selection process at the time of 
                      appointment) be for staggered terms of--
                                    (I) 4 years for each of 5 members;
                                    (II) 3 years for each of 5 members; 
                                and
                                    (III) 2 years for each of 5 members; 
                                and
                          (ii) no member appointed under such paragraph 
                      shall serve for more than 2 consecutive terms.
                    (C) Unexpired terms.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term.
                    (D) Conflict of interest.--A voting member of the 
                Board shall be considered a special Government employee 
                for the purposes of the Ethics in Government Act of 
                1978.
            (5) Chair.--The Board shall elect a chair from among the 
        members of the Board.
            (6) Compensation.--Members of the Board shall serve without 
        pay for such service. Members of the Board who are officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the Board.
            (7) Travel expenses.--The members of the Board shall receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with subchapter I of chapter 57 of title 5, United 
        States Code.
            (8) Powers of the board.--
                    (A) Executive director.--The Board shall have an 
                Executive Director who shall be appointed by the Board.

[[Page 116 STAT. 1951]]

                    (B) Additional staff.--The Board shall utilize such 
                additional staff as may be appointed or assigned by the 
                Director, in consultation with the Chair and the 
                Executive Director.
                    (C) Detail of personnel.--The Board may use the 
                services and facilities of any department or agency of 
                the Federal Government. Upon the request of the Board, 
                the head of any Federal department or agency may detail 
                any of the personnel of that department or agency to the 
                Board to assist the Board in carrying out this Act.
                    (D) Contracts.--The Board may enter into contracts 
                or make other arrangements as may be necessary to carry 
                out its functions.
                    (E) Information.--The Board may, to the extent 
                otherwise permitted by law, obtain directly from any 
                executive department or agency of the Federal Government 
                such information as the Board determines necessary to 
                carry out its functions.
            (9) Meetings.--The Board shall meet not less than 3 times 
        each year. The Board shall hold additional meetings at the call 
        of the Chair or upon the written request of not less than 6 
        voting members of the Board. Meetings of the Board shall be open 
        to the public.
            (10) Quorum.--A majority of the voting members of the Board 
        serving at the time of the meeting shall constitute a quorum.

    (d) Standing Committees.--
            (1) Establishment.--The Board may establish standing 
        committees--
                    (A) that will each serve 1 of the National Education 
                Centers; and
                    (B) to advise, consult with, and make 
                recommendations to the Director and the Commissioner of 
                the appropriate National Education Center.
            (2) Membership.--A majority of the members of each standing 
        committee shall be voting members of the Board whose expertise 
        is needed for the functioning of the committee. In addition, the 
        membership of each standing committee may include, as 
        appropriate--
                    (A) experts and scientists in research, statistics, 
                evaluation, or development who are recognized in their 
                discipline as highly qualified to represent such 
                discipline and who are not members of the Board, but who 
                may have been recommended by the Commissioner of the 
                appropriate National Education Center and approved by 
                the Board;
                    (B) ex officio members of the Board; and
                    (C) policymakers and expert practitioners with 
                knowledge of, and experience using, the results of 
                research, evaluation, and statistics who are not members 
                of the Board, but who may have been recommended by the 
                Commissioner of the appropriate National Education 
                Center and approved by the Board.
            (3) Duties.--Each standing committee shall--
                    (A) review and comment, at the discretion of the 
                Board or the standing committee, on any grant, contract, 
                or

[[Page 116 STAT. 1952]]

                cooperative agreement entered into (or proposed to be 
                entered into) by the applicable National Education 
                Center;
                    (B) prepare for, and submit to, the Board an annual 
                evaluation of the operations of the applicable National 
                Education Center;
                    (C) review and comment on the relevant plan for 
                activities to be undertaken by the applicable National 
                Education Center for each fiscal year; and
                    (D) report periodically to the Board regarding the 
                activities of the committee and the applicable National 
                Education Center.

    (e) Annual Report.-- <<NOTE: Deadline.>> The Board shall submit to 
the Director, the Secretary, and the appropriate congressional 
committees, not later than July 1 of each year, a report that assesses 
the effectiveness of the Institute in carrying out its priorities and 
mission, especially as such priorities and mission relate to carrying 
out scientifically valid research, conducting unbiased evaluations, 
collecting and reporting accurate education statistics, and translating 
research into practice.

    (f) Recommendations.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees a report that 
includes any recommendations regarding any actions that may be taken to 
enhance the ability of the Institute to carry out its priorities and 
mission. <<NOTE: Reports. Deadline.>> The Board shall submit an interim 
report not later than 3 years after the date of enactment of this Act 
and a final report not later than 5 years after such date of enactment.

SEC. 117. <<NOTE: 20 USC 9517.>> COMMISSIONERS OF THE NATIONAL EDUCATION 
            CENTERS.

    (a) Appointment of Commissioners.--
            (1) In general.--Except as provided in subsection (b), each 
        of the National Education Centers shall be headed by a 
        Commissioner appointed by the Director. In appointing 
        Commissioners, the Director shall seek to promote continuity in 
        leadership of the National Education Centers and shall consider 
        individuals recommended by the Board. The Director may appoint a 
        Commissioner to carry out the functions of a National Education 
        Center without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and the provisions of chapter 51 and subchapter III of chapter 
        53 of such title relating to classification and General Schedule 
        pay rates.
            (2) Pay and qualifications.--Except as provided in 
        subsection (b), each Commissioner shall--
                    (A) receive the rate of basic pay for level IV of 
                the Executive Schedule; and
                    (B) be highly qualified in the field of education 
                research or evaluation.
            (3) Service.--Except as provided in subsection (b), each 
        Commissioner shall report to the Director. A Commissioner shall 
        serve for a period of not more than 6 years, except that a 
        Commissioner--
                    (A) may be reappointed by the Director; and
                    (B) may serve after the expiration of that 
                Commissioner's term, until a successor has been 
                appointed, for a period not to exceed 1 additional year.

[[Page 116 STAT. 1953]]

    (b) Appointment of Commissioner for Education Statistics.--The 
National Center for Education Statistics shall be headed by a 
Commissioner for Education Statistics who shall be appointed by the 
President, by and with the advice and consent of the Senate, and who 
shall--
            (1) have substantial knowledge of programs assisted by the 
        National Center for Education Statistics;
            (2) receive the rate of basic pay for level IV of the 
        Executive Schedule; and
            (3) serve for a term of 6 years, with the term to expire 
        every sixth June 21, beginning in 2003.

    (c) Coordination.--Each Commissioner of a National Education Center 
shall coordinate with each of the other Commissioners of the National 
Education Centers in carrying out such Commissioner's duties under this 
title.
    (d) Supervision and Approval.--Each Commissioner, except the 
Commissioner for Education Statistics, shall carry out such 
Commissioner's duties under this title under the supervision and subject 
to the approval of the Director.

SEC. 118. <<NOTE: 20 USC 9518.>> AGREEMENTS.

    The Institute may carry out research projects of common interest 
with entities such as the National Science Foundation and the National 
Institute of Child Health and Human Development through agreements with 
such entities that are in accordance with section 430 of the General 
Education Provisions Act (20 U.S.C. 1231).

SEC. 119. <<NOTE: 20 USC 9519.>> BIENNIAL REPORT.

    The Director shall, on a biennial basis, transmit to the President, 
the Board, and the appropriate congressional committees, and make widely 
available to the public (including by means of the Internet), a report 
containing the following:
            (1) A description of the activities carried out by and 
        through the National Education Centers during the prior fiscal 
        years.
            (2) A summary of each grant, contract, and cooperative 
        agreement in excess of $100,000 funded through the National 
        Education Centers during the prior fiscal years, including, at a 
        minimum, the amount, duration, recipient, purpose of the award, 
        and the relationship, if any, to the priorities and mission of 
        the Institute, which shall be available in a user-friendly 
        electronic database.
            (3) A description of how the activities of the National 
        Education Centers are consistent with the principles of 
        scientifically valid research and the priorities and mission of 
        the Institute.
            (4) Such additional comments, recommendations, and materials 
        as the Director considers appropriate.

SEC. 120. <<NOTE: 20 USC 9520.>> 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.

[[Page 116 STAT. 1954]]

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. <<NOTE: 20 USC 9531.>> ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a National 
Center for Education Research (in this part referred to as the 
``Research Center'').
    (b) Mission.--The mission of the Research Center is--
            (1) to sponsor sustained research that will lead to the 
        accumulation of knowledge and understanding of education, to--
                    (A) ensure that all children have access to a high-
                quality education;
                    (B) improve student academic achievement, including 
                through the use of educational technology;
                    (C) close the achievement gap between high-
                performing and low-performing students through the 
                improvement of teaching and learning of reading, 
                writing, mathematics, science, and other academic 
                subjects; and
                    (D) improve access to, and opportunity for, 
                postsecondary education;
            (2) to support the synthesis and, as appropriate, the 
        integration of education research;
            (3) to promote quality and integrity through the use of 
        accepted practices of scientific inquiry to obtain knowledge and 
        understanding of the validity of education theories, practices, 
        or conditions; and
            (4) to promote scientifically valid research findings that 
        can provide the basis for improving academic instruction and 
        lifelong learning.

SEC. 132. <<NOTE: 20 USC 9532.>> COMMISSIONER FOR EDUCATION RESEARCH.

    The Research Center shall be headed by a Commissioner for Education 
Research (in this part referred to as the ``Research Commissioner'') who 
shall have substantial knowledge of the activities of the Research 
Center, including a high level of expertise in the fields of research 
and research management.

SEC. 133. <<NOTE: 20 USC 9533.>> DUTIES.

    (a) General 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 auspices of the Research Center in 
        accordance with this part;
            (2) propose to the Director a research plan that--
                    (A) is consistent with the priorities and mission of 
                the Institute and the mission of the Research Center and 
                includes the activities described in paragraph (3); and
                    (B) shall be carried out pursuant to paragraph (4) 
                and, as appropriate, be updated and modified;
            (3) carry out specific, long-term research activities that 
        are consistent with the priorities and mission of the Institute, 
        and are approved by the Director;
            (4) implement the plan proposed under paragraph (2) to carry 
        out scientifically valid research that--

[[Page 116 STAT. 1955]]

                    (A) uses objective and measurable indicators, 
                including timelines, that are used to assess the 
                progress and results of such research;
                    (B) meets the procedures for peer review established 
                by the Director under section 114(f)(5) and the 
                standards of research described in section 134; and
                    (C) includes both basic research and applied 
                research, which shall include research conducted through 
                field-initiated research and ongoing research 
                initiatives;
            (5) promote the use of scientifically valid research within 
        the Federal Government, including active participation in 
        interagency research projects described in section 118;
            (6) ensure that research conducted under the direction of 
        the Research Center is relevant to education practice and 
        policy;
            (7) synthesize and disseminate, through the National Center 
        for Education Evaluation and Regional Assistance, the findings 
        and results of education research conducted or supported by the 
        Research Center;
            (8) assist the Director in the preparation of a biennial 
        report, as described in section 119;
            (9) carry out research on successful State and local 
        education reform activities, including those that result in 
        increased academic achievement and in closing the achievement 
        gap, as approved by the Director;
            (10) carry out research initiatives regarding the impact of 
        technology, including--
                    (A) research into how technology affects student 
                achievement;
                    (B) long-term research into cognition and learning 
                issues as they relate to the uses of technology;
                    (C) rigorous, peer-reviewed, large-scale, long-term, 
                and broadly applicable empirical research that is 
                designed to determine which approaches to the use of 
                technology are most effective and cost-efficient in 
                practice and under what conditions; and
                    (D) field-based research on how teachers implement 
                technology and Internet-based resources in the 
                classroom, including an understanding how these 
                resources are being accessed, put to use, and the 
                effectiveness of such resources; and
            (11) carry out research that is rigorous, peer-reviewed, and 
        large scale to determine which methods of mathematics and 
        science teaching are most effective, cost efficient, and able to 
        be applied, duplicated, and scaled up for use in elementary and 
        secondary classrooms, including in low-performing schools, to 
        improve the teaching of, and student achievement in, mathematics 
        and science as required under the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.).

    (b) Eligibility.--Research carried out under subsection (a) through 
contracts, grants, or cooperative agreements shall be carried out only 
by recipients with the ability and capacity to conduct scientifically 
valid research.
    (c) National Research and Development Centers.--
            (1) Support.--In carrying out activities under subsection 
        (a)(3), the Research Commissioner shall support not less than 8 
        national research and development centers. The Research

[[Page 116 STAT. 1956]]

        Commissioner shall assign each of the 8 national research and 
        development centers not less than 1 of the topics described in 
        paragraph (2). In addition, the Research Commissioner may assign 
        each of the 8 national research and development centers 
        additional topics of research consistent with the mission and 
        priorities of the Institute and the mission of the Research 
        Center.
            (2) Topics of research.--The Research Commissioner shall 
        support the following topics of research, through national 
        research and development centers or through other means:
                    (A) Adult literacy.
                    (B) Assessment, standards, and accountability 
                research.
                    (C) Early childhood development and education.
                    (D) English language learners research.
                    (E) Improving low achieving schools.
                    (F) Innovation in education reform.
                    (G) State and local policy.
                    (H) Postsecondary education and training.
                    (I) Rural education.
                    (J) Teacher quality.
                    (K) Reading and literacy.
            (3) Duties of centers.--The national research and 
        development centers shall address areas of national need, 
        including in educational technology areas. The Research 
        Commissioner may support additional national research and 
        development centers to address topics of research not described 
        in paragraph (2) if such topics are consistent with the 
        priorities and mission of the Institute and the mission of the 
        Research Center. The research carried out by the centers shall 
        incorporate the potential or existing role of educational 
        technology, where appropriate, in achieving the goals of each 
        center.
            (4) Scope.--Support for a national research and development 
        center shall be for a period of not more than 5 years, shall be 
        of sufficient size and scope to be effective, and 
        notwithstanding section 134(b), may be renewed without 
        competition for not more than 5 additional years if the 
        Director, in consultation with the Research Commissioner and the 
        Board, determines that the research of the national research and 
        development center--
                    (A) continues to address priorities of the 
                Institute; and
                    (B) merits renewal (applying the procedures and 
                standards established in section 134).
            (5) Limit.--No national research and development center may 
        be supported under this subsection for a period of more than 10 
        years without submitting to a competitive process for the award 
        of the support.
            (6) Continuation of awards.--The Director shall continue 
        awards made to the national research and development centers 
        that are in effect on the day before the date of enactment of 
        this Act in accordance with the terms of those awards and may 
        renew them in accordance with paragraphs (4) and (5).
            (7) Disaggregation.--To the extent feasible, research 
        conducted under this subsection shall be disaggregated by age, 
        race, gender, and socioeconomic background.

[[Page 116 STAT. 1957]]

SEC. 134. <<NOTE: 20 USC 9534.>> STANDARDS FOR CONDUCT AND EVALUATION OF 
            RESEARCH.

    (a) In General.--In carrying out this part, the Research 
Commissioner shall--
            (1) ensure that all research conducted under the direction 
        of the Research Center follows scientifically based research 
        standards;
            (2) develop such other standards as may be necessary to 
        govern the conduct and evaluation of all research, development, 
        and wide dissemination activities carried out by the Research 
        Center to assure that such activities meet the highest standards 
        of professional excellence;
            (3) review the procedures utilized by the National 
        Institutes of Health, the National Science Foundation, and other 
        Federal departments or agencies engaged in research and 
        development, and actively solicit recommendations from research 
        organizations and members of the general public in the 
        development of the standards described in paragraph (2); and
            (4) ensure that all research complies with Federal 
        guidelines relating to research misconduct.

    (b) Peer Review.--
            (1) In general.--The Director shall establish a peer review 
        system, involving highly qualified individuals with an in-depth 
        knowledge of the subject to be investigated, for reviewing and 
        evaluating all applications for grants and cooperative 
        agreements that exceed $100,000, and for evaluating and 
        assessing the products of research by all recipients of grants 
        and cooperative agreements under this Act.
            (2) Evaluation.--The Research Commissioner shall--
                    (A) develop the procedures to be used in evaluating 
                applications for research grants, cooperative 
                agreements, and contracts, and specify the criteria and 
                factors (including, as applicable, the use of 
                longitudinal data linking test scores, enrollment, and 
                graduation rates over time) which shall be considered in 
                making such evaluations; and
                    (B) evaluate the performance of each recipient of an 
                award of a research grant, contract, or cooperative 
                agreement at the conclusion of the award.

    (c) Long-Term Research.--The Research Commissioner shall ensure that 
not less than 50 percent of the funds made available for research for 
each fiscal year shall be used to fund long-term research programs of 
not less than 5 years, which support the priorities and mission of the 
Institute and the mission of the Research Center.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. <<NOTE: 20 USC 9541.>> ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a National 
Center for Education Statistics (in this part referred to as the 
``Statistics Center'').
    (b) Mission.--The mission of the Statistics Center shall be--
            (1) to collect and analyze education information and 
        statistics in a manner that meets the highest methodological 
        standards;

[[Page 116 STAT. 1958]]

            (2) to report education information and statistics in a 
        timely manner; and
            (3) to collect, analyze, and report education information 
        and statistics in a manner that--
                    (A) is objective, secular, neutral, and 
                nonideological and is free of partisan political 
                influence and racial, cultural, gender, or regional 
                bias; and
                    (B) is relevant and useful to practitioners, 
                researchers, policymakers, and the public.

SEC. 152. <<NOTE: 20 USC 9542.>> COMMISSIONER FOR EDUCATION STATISTICS.

    The Statistics Center shall be headed by a Commissioner for 
Education Statistics (in this part referred to as the ``Statistics 
Commissioner'') who shall be highly qualified and have substantial 
knowledge of statistical methodologies and activities undertaken by the 
Statistics Center.

SEC. 153. <<NOTE: 20 USC 9543.>> DUTIES.

    (a) General Duties.--The Statistics Center shall collect, report, 
analyze, and disseminate statistical data related to education in the 
United States and in other nations, including--
            (1) collecting, acquiring, compiling (where appropriate, on 
        a State-by-State basis), and disseminating full and complete 
        statistics (disaggregated by the population characteristics 
        described in paragraph (3)) on the condition and progress of 
        education, at the preschool, elementary, secondary, 
        postsecondary, and adult levels in the United States, including 
        data on--
                    (A) State and local education reform activities;
                    (B) State and local early childhood school readiness 
                activities;
                    (C) student achievement in, at a minimum, the core 
                academic areas of reading, mathematics, and science at 
                all levels of education;
                    (D) secondary school completions, dropouts, and 
                adult literacy and reading skills;
                    (E) access to, and opportunity for, postsecondary 
                education, including data on financial aid to 
                postsecondary students;
                    (F) teaching, including--
                          (i) data on in-service professional 
                      development, including a comparison of courses 
                      taken in the core academic areas of reading, 
                      mathematics, and science with courses in noncore 
                      academic areas, including technology courses; and
                          (ii) the percentage of teachers who are highly 
                      qualified (as such term is defined in section 9101 
                      of the Elementary and Secondary Education Act of 
                      1965 (20 U.S.C. 7801)) in each State and, where 
                      feasible, in each local educational agency and 
                      school;
                    (G) instruction, the conditions of the education 
                workplace, and the supply of, and demand for, teachers;
                    (H) the incidence, frequency, seriousness, and 
                nature of violence affecting students, school personnel, 
                and other individuals participating in school 
                activities, as well as other indices of school safety, 
                including information regarding--

[[Page 116 STAT. 1959]]

                          (i) the relationship between victims and 
                      perpetrators;
                          (ii) demographic characteristics of the 
                      victims and perpetrators; and
                          (iii) the type of weapons used in incidents, 
                      as classified in the Uniform Crime Reports of the 
                      Federal Bureau of Investigation;
                    (I) the financing and management of education, 
                including data on revenues and expenditures;
                    (J) the social and economic status of children, 
                including their academic achievement;
                    (K) the existence and use of educational technology 
                and access to the Internet by students and teachers in 
                elementary schools and secondary schools;
                    (L) access to, and opportunity for, early childhood 
                education;
                    (M) the availability of, and access to, before-
                school and after-school programs (including such 
                programs during school recesses);
                    (N) student participation in and completion of 
                secondary and postsecondary vocational and technical 
                education programs by specific program area; and
                    (O) the existence and use of school libraries;
            (2) conducting and publishing reports on the meaning and 
        significance of the statistics described in paragraph (1);
            (3) collecting, analyzing, cross-tabulating, and reporting, 
        to the extent feasible, information by gender, race, ethnicity, 
        socioeconomic status, limited English proficiency, mobility, 
        disability, urban, rural, suburban districts, and other 
        population characteristics, when such disaggregated information 
        will facilitate educational and policy decisionmaking;
            (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities, which may include 
        assisting State educational agencies and local educational 
        agencies with the disaggregation of data and with the 
        development of longitudinal student data systems;
            (5) determining voluntary standards and guidelines to assist 
        State educational agencies in developing statewide longitudinal 
        data systems that link individual student data consistent with 
        the requirements of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6301 et seq.), promote linkages across 
        States, and protect student privacy consistent with section 183, 
        to improve student academic achievement and close achievement 
        gaps;
            (6) acquiring and disseminating data on educational 
        activities and student achievement (such as the Third 
        International Math and Science Study) in the United States 
        compared with foreign nations;
            (7) conducting longitudinal and special data collections 
        necessary to report on the condition and progress of education;
            (8) assisting the Director in the preparation of a biennial 
        report, as described in section 119; and
            (9) determining, in consultation with the National Research 
        Council of the National Academies, methodology by which States 
        may accurately measure graduation rates (defined as the 
        percentage of students who graduate from secondary school

[[Page 116 STAT. 1960]]

        with a regular diploma in the standard number of years), school 
        completion rates, and dropout rates.

    (b) Training Program.--The Statistics Commissioner may establish a 
program to train employees of public and private educational agencies, 
organizations, and institutions in the use of standard statistical 
procedures and concepts, and may establish a fellowship program to 
appoint such employees as temporary fellows at the Statistics Center, in 
order to assist the Statistics Center in carrying out its duties.

SEC. 154. <<NOTE: 20 USC 9544.>> PERFORMANCE OF DUTIES.

    (a) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Statistics Commissioner, may award 
grants, enter into contracts and cooperative agreements, and provide 
technical assistance.
    (b) Gathering Information.--
            (1) Sampling.--The Statistics Commissioner may use the 
        statistical method known as sampling (including random sampling) 
        to carry out this part.
            (2) Source of information.--The Statistics Commissioner may, 
        as appropriate, use information collected--
                    (A) 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 information 
                collected by States and local educational agencies for 
                their own use); and
                    (B) by other offices within the Institute and by 
                other Federal departments, agencies, and 
                instrumentalities.
            (3) Collection.--The Statistics Commissioner may--
                    (A) enter into interagency agreements for the 
                collection of statistics;
                    (B) arrange with any agency, organization, or 
                institution for the collection of statistics; and
                    (C) assign employees of the Statistics Center to any 
                such agency, organization, or institution to assist in 
                such collection.
            (4) Technical assistance and coordination.--In order to 
        maximize the effectiveness of Department efforts to serve the 
        educational needs of children and youth, the Statistics 
        Commissioner shall--
                    (A) provide technical assistance to the Department 
                offices that gather data for statistical purposes; and
                    (B) coordinate with other Department offices in the 
                collection of data.

    (c) Duration.--Notwithstanding any other provision of law, the 
grants, contracts, and cooperative agreements under this section may be 
awarded, on a competitive basis, for a period of not more than 5 years, 
and may be renewed at the discretion of the Statistics Commissioner for 
an additional period of not more than 5 years.

SEC. 155. <<NOTE: 20 USC 9545.>> REPORTS.

    (a) Procedures for Issuance of Reports.--The Statistics 
Commissioner, shall establish procedures, in accordance with section 
186, to ensure that the reports issued under this section are relevant, 
of high quality, useful to customers, subject to rigorous

[[Page 116 STAT. 1961]]

peer review, produced in a timely fashion, and free from any partisan 
political influence.
    (b) Report on Condition and Progress of Education.--
Not <<NOTE: Deadline.>> later than June 1, 2003, and each June 1 
thereafter, the Statistics Commissioner, shall submit to the President 
and the appropriate congressional committees a statistical report on the 
condition and progress of education in the United States.

    (c) Statistical Reports.--The Statistics Commissioner shall issue 
regular and, as necessary, special statistical reports on education 
topics, particularly in the core academic areas of reading, mathematics, 
and science, consistent with the priorities and the mission of the 
Statistics Center.

SEC. 156. <<NOTE: 20 USC 9546.>> DISSEMINATION.

    (a) General Requests.--
            (1) In general.--The Statistics Center may furnish 
        transcripts or copies of tables and other statistical records 
        and make special statistical compilations and surveys for State 
        and local officials, public and private organizations, and 
        individuals.
            (2) Compilations.--The Statistics Center shall provide State 
        educational 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.

    (b) Congressional Requests.--The Statistics Center shall furnish 
such special statistical compilations and surveys as the relevant 
congressional committees may request.
    (c) Joint Statistical Projects.--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 
organizations or agencies, and the cost of such projects shall be shared 
equitably as determined by the Secretary.
    (d) Fees.--
            (1) In general.--Statistical compilations and surveys under 
        this section, other than those carried out pursuant to 
        subsections (b) and (c), may be made subject to the payment of 
        the actual or estimated cost of such work.
            (2) Funds received.--All funds received in payment for work 
        or services described in this subsection may be used to pay 
        directly the costs of such work or services, to repay 
        appropriations that initially bore all or part of such costs, or 
        to refund excess sums when necessary.

    (e) Access.--
            (1) Other agencies.--The Statistics Center shall, consistent 
        with section 183, cooperate with other Federal agencies having a 
        need for educational data in providing access to educational 
        data received by the Statistics Center.
            (2) Interested parties.--The Statistics Center shall, in 
        accordance with such terms and conditions as the Center may 
        prescribe, provide all interested parties, including public and 
        private agencies, parents, and other individuals, direct access, 
        in the most appropriate form (including, where possible, 
        electronically), to data collected by the Statistics Center for 
        the purposes of research and acquiring statistical information.

[[Page 116 STAT. 1962]]

SEC. 157. <<NOTE: 20 USC 9547.>> COOPERATIVE EDUCATION STATISTICS 
            SYSTEMS.

    The Statistics Center may establish 1 or more national cooperative 
education statistics systems for the purpose of producing and 
maintaining, with the cooperation of the States, comparable and uniform 
information and data on early childhood education, elementary and 
secondary education, postsecondary education, adult education, and 
libraries, that are useful for policymaking at the Federal, State, and 
local levels.

SEC. 158. <<NOTE: 20 USC 9548.>> STATE DEFINED.

    In this part, the term ``State'' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico.

PART D--NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL ASSISTANCE

SEC. 171. <<NOTE: 20 USC 9561.>> ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a National 
Center for Education Evaluation and Regional Assistance.
    (b) Mission.--The mission of the National Center for Education 
Evaluation and Regional Assistance shall be--
            (1) to provide technical assistance;
            (2) to conduct evaluations of Federal education programs 
        administered by the Secretary (and as time and resources allow, 
        other education programs) to determine the impact of such 
        programs (especially on student academic achievement in the core 
        academic areas of reading, mathematics, and science);
            (3) to support synthesis and wide dissemination of results 
        of evaluation, research, and products developed; and
            (4) to encourage the use of scientifically valid education 
        research and evaluation throughout the United States.

    (c) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Director may award grants, enter into 
contracts and cooperative agreements, and provide technical assistance.

SEC. 172. <<NOTE: 20 USC 9562.>> COMMISSIONER FOR EDUCATION EVALUATION 
            AND REGIONAL ASSISTANCE.

    (a) In General.--The National Center for Education Evaluation and 
Regional Assistance shall be headed by a Commissioner for Education 
Evaluation and Regional Assistance (in this part referred to as the 
``Evaluation and Regional Assistance Commissioner'') who is highly 
qualified and has demonstrated a capacity to carry out the mission of 
the Center and shall--
            (1) conduct evaluations pursuant to section 173;
            (2) widely disseminate information on scientifically valid 
        research, statistics, and evaluation on education, particularly 
        to State educational agencies and local educational agencies, to 
        institutions of higher education, to the public, the media, 
        voluntary organizations, professional associations, and other 
        constituencies, especially with respect to information relating 
        to, at a minimum--
                    (A) the core academic areas of reading, mathematics, 
                and science;
                    (B) closing the achievement gap between high-
                performing students and low-performing students;

[[Page 116 STAT. 1963]]

                    (C) educational practices that improve academic 
                achievement and promote learning;
                    (D) education technology, including software; and
                    (E) those topics covered by the Educational 
                Resources Information Center Clearinghouses (established 
                under section 941(f) of the Educational Research, 
                Development, Dissemination, and Improvement Act of 1994 
                (20 U.S.C. 6041(f)) (as such provision was in effect on 
                the day before the date of enactment of this Act);
            (3) make such information accessible in a user-friendly, 
        timely, and efficient manner (including through use of a 
        searchable Internet-based online database that shall include all 
        topics covered in paragraph (2)(E)) to schools, institutions of 
        higher education, educators (including early childhood 
        educators), parents, administrators, policymakers, researchers, 
        public and private entities (including providers of early 
        childhood services), entities responsible for carrying out 
        technical assistance through the Department, and the general 
        public;
            (4) support the regional educational laboratories in 
        conducting applied research, the development and dissemination 
        of educational research, products and processes, the provision 
        of technical assistance, and other activities to serve the 
        educational needs of such laboratories' regions;
            (5) manage the National Library of Education described in 
        subsection (d), and other sources of digital information on 
        education research;
            (6) assist the Director in the preparation of a biennial 
        report, described in section 119; and
            (7) award a contract for a prekindergarten through grade 12 
        mathematics and science teacher clearinghouse.

    (b) Additional Duties.--In carrying out subsection (a), the 
Evaluation and Regional Assistance Commissioner shall--
            (1) ensure that information disseminated under this section 
        is provided in a cost-effective, nonduplicative manner that 
        includes the most current research findings, which may include 
        through the continuation of individual clearinghouses authorized 
        under the Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (title IX of the Goals 2000: Educate 
        America Act; 20 U.S.C. 6001 et seq.) (as such Act existed on the 
        day before the date of enactment of this Act);
            (2) describe prominently the type of scientific evidence 
        that is used to support the findings that are disseminated;
            (3) explain clearly the scientifically appropriate and 
        inappropriate uses of--
                    (A) the findings that are disseminated; and
                    (B) the types of evidence used to support those 
                findings; and
            (4) respond, as appropriate, to inquiries from schools, 
        educators, parents, administrators, policymakers, researchers, 
        public and private entities, and entities responsible for 
        carrying out technical assistance.

    (c) Continuation.--The Director shall continue awards for the 
support of the Educational Resources Information Center Clearinghouses 
and contracts for regional educational laboratories (established under 
subsections (f) and (h) of section 941 of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 
6041(f) and (h)) (as such awards were in effect

[[Page 116 STAT. 1964]]

on the day before the date of enactment of this Act)) for the duration 
of those awards, in accordance with the terms and agreements of such 
awards.
    (d) National Library of Education.--
            (1) Establishment.--There is established within the National 
        Center for Education Evaluation and Regional Assistance a 
        National Library of Education that shall--
                    (A) be headed by an individual who is highly 
                qualified in library science;
                    (B) collect and archive information;
                    (C) provide a central location within the Federal 
                Government for information about education;
                    (D) provide comprehensive reference services on 
                matters related to education to employees of the 
                Department of Education and its contractors and 
                grantees, other Federal employees, and members of the 
                public; and
                    (E) promote greater cooperation and resource sharing 
                among providers and repositories of education 
                information in the United States.
            (2) Information.--The information collected and archived by 
        the National Library of Education shall include--
                    (A) products and publications developed through, or 
                supported by, the Institute; and
                    (B) other relevant and useful education-related 
                research, statistics, and evaluation materials and other 
                information, projects, and publications that are--
                          (i) consistent with--
                                    (I) scientifically valid research; 
                                or
                                    (II) the priorities and mission of 
                                the Institute; and
                          (ii) developed by the Department, other 
                      Federal agencies, or entities (including entities 
                      supported under the Educational Technical 
                      Assistance Act of 2002 and the Educational 
                      Resources Information Center Clearinghouses 
                      (established under section 941(f) of the 
                      Educational Research, Development, Dissemination, 
                      and Improvement Act of 1994 (20 U.S.C. 6041(f)) 
                      (as such provision was in effect on the day before 
                      the date of enactment of this Act))).

SEC. 173. <<NOTE: 20 USC 9563.>> EVALUATIONS.

    (a) In General.--
            (1) Requirements.--In carrying out its missions, the 
        National Center for Education Evaluation and Regional Assistance 
        may--
                    (A) conduct or support evaluations consistent with 
                the Center's mission as described in section 171(b);
                    (B) evaluate programs under title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6301 et seq.);
                    (C) to the extent practicable, examine evaluations 
                conducted or supported by others in order to determine 
                the quality and relevance of the evidence of 
                effectiveness generated by those evaluations, with the 
                approval of the Director;

[[Page 116 STAT. 1965]]

                    (D) coordinate the activities of the National Center 
                for Education Evaluation and Regional Assistance with 
                other evaluation activities in the Department;
                    (E) review and, where feasible, supplement Federal 
                education program evaluations, particularly those by the 
                Department, to determine or enhance the quality and 
                relevance of the evidence generated by those 
                evaluations;
                    (F) establish evaluation methodology; and
                    (G) assist the Director in the preparation of the 
                biennial report, as described in section 119.
            (2) Additional requirements.--Each evaluation conducted by 
        the National Center for Education Evaluation and Regional 
        Assistance pursuant to paragraph (1) shall--
                    (A) adhere to the highest possible standards of 
                quality for conducting scientifically valid education 
                evaluation; and
                    (B) be subject to rigorous peer-review.

    (b) Administration of Evaluations Under Title I of the Elementary 
and Secondary Education Act of 1965.--The Evaluation and Regional 
Assistance Commissioner, consistent with the mission of the National 
Center for Education Evaluation and Regional Assistance under section 
171(b), shall administer all operations and contracts associated with 
evaluations authorized by part E of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) and 
administered by the Department as of the date of enactment of this Act.

SEC. 174. <<NOTE: 20 USC 9564.>> REGIONAL EDUCATIONAL LABORATORIES FOR 
            RESEARCH, DEVELOPMENT, DISSEMINATION, AND TECHNICAL 
            ASSISTANCE.

    (a) Regional Educational Laboratories.--
The <<NOTE: Contracts.>> Director shall enter into contracts with 
entities to establish a networked system of 10 regional educational 
laboratories that serve the needs of each region of the United States in 
accordance with the provisions of this section. The amount of assistance 
allocated to each laboratory by the Evaluation and Regional Assistance 
Commissioner shall reflect the number of local educational agencies and 
the number of school-age children within the region served by such 
laboratory, as well as the cost of providing services within the 
geographic area encompassed by the region.

    (b) Regions.--The regions served by the regional educational 
laboratories shall be the 10 geographic regions served by the regional 
educational laboratories established under section 941(h) of the 
Educational Research, Development, Dissemination, and Improvement Act of 
1994 (as such provision existed on the day before the date of enactment 
of this Act).
    (c) Eligible Applicants.--The Director may enter into contracts 
under this section with research organizations, institutions, agencies, 
institutions of higher education, or partnerships among such entities, 
or individuals, with the demonstrated ability or capacity to carry out 
the activities described in this section, including regional entities 
that carried out activities under the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (as such Act existed on the 
day before the date of enactment of this Act) and title XIII of the 
Elementary and Secondary Education Act of 1965 (as such title existed on 
the day before the date of enactment of the No Child Left Behind Act of 
2001 (Public Law 107-110)).

[[Page 116 STAT. 1966]]

    (d) Applications.--
            (1) Submission.--Each applicant desiring a contract under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Director may 
        reasonably require.
            (2) Plan.--Each application submitted under paragraph (1) 
        shall contain a 5-year plan for carrying out the activities 
        described in this section in a manner that addresses the 
        priorities established under section 207 and addresses the needs 
        of all States (and to the extent practicable, of local 
        educational agencies) within the region to be served by the 
        regional educational laboratory, on an ongoing basis.

    (e) Entering into Contracts.--
            (1) In general.--In entering into contracts under this 
        section, the Director shall--
                    (A) enter into contracts for a 5-year period; and
                    (B) ensure that regional educational laboratories 
                established under this section have strong and effective 
                governance, organization, management, and 
                administration, and employ qualified staff.
            (2) Coordination.--In order to ensure coordination and 
        prevent unnecessary duplication of activities among the regions, 
        the Evaluation and Regional Assistance Commissioner shall--
                    (A) share information about the activities of each 
                regional educational laboratory awarded a contract under 
                this section with each other regional educational 
                laboratory awarded a contract under this section and 
                with the Department of Education, including the Director 
                and the Board;
                    (B) oversee a strategic plan for ensuring that each 
                regional educational laboratory awarded a contract under 
                this section increases collaboration and resource-
                sharing in such activities;
                    (C) ensure, where appropriate, that the activities 
                of each regional educational laboratory awarded a 
                contract under this section also serve national 
                interests; and
                    (D) ensure that each regional educational laboratory 
                awarded a contract under this section coordinates such 
                laboratory's activities with the activities of each 
                other regional technical assistance provider.
            (3) Outreach.--In conducting competitions for contracts 
        under this section, the Director shall--
                    (A) actively encourage eligible entities to compete 
                for such awards by making information and technical 
                assistance relating to the competition widely available; 
                and
                    (B) seek input from the chief executive officers of 
                States, chief State school officers, educators, and 
                parents regarding the need for applied research, wide 
                dissemination, training, technical assistance, and 
                development activities authorized by this title in the 
                regions to be served by the regional educational 
                laboratories and how those educational needs could be 
                addressed most effectively.
            (4) Objectives and indicators.--Before entering into a 
        contract under this section, the Director shall design specific 
        objectives and measurable indicators to be used to assess the 
        particular programs or initiatives, and ongoing progress and 
        performance, of the regional educational laboratories, in order 
        to ensure that the educational needs of the region are being

[[Page 116 STAT. 1967]]

        met and that the latest and best research and proven practices 
        are being carried out as part of school improvement efforts.
            (5) Standards.--The Evaluation and Regional Assistance 
        Commissioner shall establish a system for technical and peer 
        review to ensure that applied research activities, research-
        based reports, and products of the regional educational 
        laboratories are consistent with the research standards 
        described in section 134 and the evaluation standards adhered to 
        pursuant to section 173(a)(2)(A).

    (f) Central Mission and Primary Function.--Each regional educational 
laboratory awarded a contract under this section shall support applied 
research, development, wide dissemination, and technical assistance 
activities by--
            (1) providing training (which may include supporting 
        internships and fellowships and providing stipends) and 
        technical assistance to State educational agencies, local 
        educational agencies, school boards, schools funded by the 
        Bureau as appropriate, and State boards of education regarding, 
        at a minimum--
                    (A) the administration and implementation of 
                programs under the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6301 et seq.);
                    (B) scientifically valid research in education on 
                teaching methods, assessment tools, and high quality, 
                challenging curriculum frameworks for use by teachers 
                and administrators in, at a minimum--
                          (i) the core academic subjects of mathematics, 
                      science, and reading;
                          (ii) English language acquisition;
                          (iii) education technology; and
                          (iv) the replication and adaption of exemplary 
                      and promising practices and new educational 
                      methods, including professional development 
                      strategies and the use of educational technology 
                      to improve teaching and learning; and
                    (C) the facilitation of communication between 
                educational experts, school officials, and teachers, 
                parents, and librarians, to enable such individuals to 
                assist schools to develop a plan to meet the State 
                education goals;
            (2) developing and widely disseminating, including through 
        Internet-based means, scientifically valid research, 
        information, reports, and publications that are usable for 
        improving academic achievement, closing achievement gaps, and 
        encouraging and sustaining school improvement, to--
                    (A) schools, districts, institutions of higher 
                education, educators (including early childhood 
                educators and librarians), parents, policymakers, and 
                other constituencies, as appropriate, within the region 
                in which the regional educational laboratory is located; 
                and
                    (B) the National Center for Education Evaluation and 
                Regional Assistance;
            (3) developing a plan for identifying and serving the needs 
        of the region by conducting a continuing survey of the 
        educational needs, strengths, and weaknesses within the region, 
        including a process of open hearings to solicit the views of 
        schools, teachers, administrators, parents, local educational

[[Page 116 STAT. 1968]]

        agencies, librarians, and State educational agencies within the 
        region;
            (4) in the event such quality applied research does not 
        exist as determined by the regional educational laboratory or 
        the Department, carrying out applied research projects that are 
        designed to serve the particular educational needs (in 
        prekindergarten through grade 16) of the region in which the 
        regional educational laboratory is located, that reflect 
        findings from scientifically valid research, and that result in 
        user-friendly, replicable school-based classroom applications 
        geared toward promoting increased student achievement, including 
        using applied research to assist in solving site-specific 
        problems and assisting in development activities (including 
        high-quality and on-going professional development and effective 
        parental involvement strategies);
            (5) supporting and serving the educational development 
        activities and needs of the region by providing educational 
        applied research in usable forms to promote school-improvement, 
        academic achievement, and the closing of achievement gaps and 
        contributing to the current base of education knowledge by 
        addressing enduring problems in elementary and secondary 
        education and access to postsecondary education;
            (6) collaborating and coordinating services with other 
        technical assistance providers funded by the Department of 
        Education;
            (7) assisting in gathering information on school finance 
        systems to promote improved access to educational opportunities 
        and to better serve all public school students;
            (8) assisting in gathering information on alternative 
        administrative structures that are more conducive to planning, 
        implementing, and sustaining school reform and improved academic 
        achievement;
            (9) bringing teams of experts together to develop and 
        implement school improvement plans and strategies, especially in 
        low-performing or high poverty schools; and
            (10) developing innovative approaches to the application of 
        technology in education that are unlikely to originate from 
        within the private sector, but which could result in the 
        development of new forms of education software, education 
        content, and technology-enabled pedagogy.

    (g) Activities.--Each regional educational laboratory awarded a 
contract under this section shall carry out the following activities:
            (1) Collaborate with the National Education Centers in order 
        to--
                    (A) maximize the use of research conducted through 
                the National Education Centers in the work of such 
                laboratory;
                    (B) keep the National Education Centers apprised of 
                the work of the regional educational laboratory in the 
                field; and
                    (C) inform the National Education Centers about 
                additional research needs identified in the field.
            (2) Consult with the State educational agencies and local 
        educational agencies in the region in developing the plan for 
        serving the region.

[[Page 116 STAT. 1969]]

            (3) Develop strategies to utilize schools as critical 
        components in reforming education and revitalizing rural 
        communities in the United States.
            (4) Report and disseminate information on overcoming the 
        obstacles faced by educators and schools in high poverty, urban, 
        and rural areas.
            (5) Identify successful educational programs that have 
        either been developed by such laboratory in carrying out such 
        laboratory's functions or that have been developed or used by 
        others within the region served by the laboratory and make such 
        information available to the Secretary and the network of 
        regional educational laboratories so that such programs may be 
        considered for inclusion in the national education dissemination 
        system.

    (h) Governing Board and Allocation.--
            (1) In general.--In carrying out its responsibilities, each 
        regional educational laboratory awarded a contract under this 
        section, in keeping with the terms and conditions of such 
        laboratory's contract, shall--
                    (A) establish a governing board that--
                          (i) reflects a balanced representation of--
                                    (I) the States in the region;
                                    (II) the interests and concerns of 
                                regional constituencies; and
                                    (III) technical expertise;
                          (ii) includes the chief State school officer 
                      or such officer's designee of each State 
                      represented in such board's region;
                          (iii) includes--
                                    (I) representatives nominated by 
                                chief executive officers of States and 
                                State organizations of superintendents, 
                                principals, institutions of higher 
                                education, teachers, parents, 
                                businesses, and researchers; or
                                    (II) other representatives of the 
                                organizations described in subclause 
                                (I), as required by State law in effect 
                                on the day before the date of enactment 
                                of this Act;
                          (iv) is the sole entity that--
                                    (I) guides and directs the 
                                laboratory in carrying out the 
                                provisions of this subsection and 
                                satisfying the terms and conditions of 
                                the contract award;
                                    (II) determines the regional agenda 
                                of the laboratory;
                                    (III) engages in an ongoing dialogue 
                                with the Evaluation and Regional 
                                Assistance Commissioner concerning the 
                                laboratory's goals, activities, and 
                                priorities; and
                                    (IV) determines at the start of the 
                                contract period, subject to the 
                                requirements of this section and in 
                                consultation with the Evaluation and 
                                Regional Assistance Commissioner, the 
                                mission of the regional educational 
                                laboratory for the duration of the 
                                contract period;

[[Page 116 STAT. 1970]]

                          (v) ensures that the regional educational 
                      laboratory attains and maintains a high level of 
                      quality in the laboratory's work and products;
                          (vi) establishes standards to ensure that the 
                      regional educational laboratory has strong and 
                      effective governance, organization, management, 
                      and administration, and employs qualified staff;
                          (vii) directs the regional educational 
                      laboratory to carry out the laboratory's duties in 
                      a manner that will make progress toward achieving 
                      the State education goals and reforming schools 
                      and educational systems; and
                          (viii) conducts a continuing survey of the 
                      educational needs, strengths, and weaknesses 
                      within the region, including a process of open 
                      hearings to solicit the views of schools and 
                      teachers; and
                    (B) allocate the regional educational laboratory's 
                resources to and within each State in a manner which 
                reflects the need for assistance, taking into account 
                such factors as the proportion of economically 
                disadvantaged students, the increased cost burden of 
                service delivery in areas of sparse populations, and any 
                special initiatives being undertaken by State, 
                intermediate, local educational agencies, or Bureau-
                funded schools, as appropriate, which may require 
                special assistance from the laboratory.
            (2) Special rule.--If a regional educational laboratory 
        needs flexibility in order to meet the requirements of paragraph 
        (1)(A)(i), the regional educational laboratory may select not 
        more than 10 percent of the governing board from individuals 
        outside those representatives nominated in accordance with 
        paragraph (1)(A)(iii).

    (i) Duties of Governing Board.--In order to improve the efficiency 
and effectiveness of the regional educational laboratories, the 
governing boards of the regional educational laboratories shall 
establish and maintain a network to--
            (1) share information about the activities each laboratory 
        is carrying out;
            (2) plan joint activities that would meet the needs of 
        multiple regions;
            (3) create a strategic plan for the development of 
        activities undertaken by the laboratories to reduce redundancy 
        and increase collaboration and resource-sharing in such 
        activities; and
            (4) otherwise devise means by which the work of the 
        individual laboratories could serve national, as well as 
        regional, needs.

    (j) Evaluations.--The Evaluation and Regional Assistance 
Commissioner shall provide for independent evaluations of each of the 
regional educational laboratories in carrying out the duties described 
in this section in the third year that such laboratory receives 
assistance under this section in accordance with the standards developed 
by the Evaluation and Regional Assistance Commissioner and approved by 
the Board and shall transmit the results of such evaluations to the 
relevant committees of Congress, the Board, and the appropriate regional 
educational laboratory governing board.

[[Page 116 STAT. 1971]]

    (k) Rule of Construction.--No regional educational laboratory 
receiving assistance under this section shall, by reason of the receipt 
of that assistance, 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.
    (l) Advance Payment System.--Each regional educational laboratory 
awarded a contract under this section shall participate in the advance 
payment system at the Department of Education.
    (m) Additional Projects.--In addition to activities authorized under 
this section, the Director is authorized to enter into contracts or 
agreements with a regional educational laboratory for the purpose of 
carrying out additional projects to enable such regional educational 
laboratory to assist in efforts to achieve State education goals and for 
other purposes.
    (n) Annual Report and Plan.-- <<NOTE: Deadline.>> Not later than 
July 1 of each year, each regional educational laboratory awarded a 
contract under this section shall submit to the Evaluation and Regional 
Assistance Commissioner--
            (1) a plan covering the succeeding fiscal year, in which 
        such laboratory's mission, activities, and scope of work are 
        described, including a general description of the plans such 
        laboratory expects to submit in the remaining years of such 
        laboratory's contract; and
            (2) a report of how well such laboratory is meeting the 
        needs of the region, including a summary of activities during 
        the preceding year, a list of entities served, a list of 
        products, and any other information that the regional 
        educational laboratory may consider relevant or the Evaluation 
        and Regional Assistance Commissioner may require.

    (o) Construction.--Nothing in this section shall be construed to 
require any modifications in a regional educational laboratory contract 
in effect on the day before the date of enactment of this Act.

                       PART E--GENERAL PROVISIONS

SEC. 181. <<NOTE: 20 USC 9571.>> INTERAGENCY DATA SOURCES AND FORMATS.

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

SEC. 182. <<NOTE: 20 USC 9572.>> PROHIBITIONS.

    (a) National Database.--Nothing in this title may be construed to 
authorize the establishment of a nationwide database of individually 
identifiable information on individuals involved in studies or other 
collections of data under this title.
    (b) Federal Government and Use of Federal Funds.--Nothing in this 
title may be construed to 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, local educational agency, or school, or to mandate a State, or 
any subdivision thereof, to spend any funds or incur any costs not 
provided for under this title.
    (c) Endorsement of Curriculum.--Notwithstanding any other provision 
of Federal law, no funds provided under this title to the Institute, 
including any office, board, committee, or center of

[[Page 116 STAT. 1972]]

the Institute, may be used by the Institute to endorse, approve, or 
sanction any curriculum designed to be used in an elementary school or 
secondary school.
    (d) Federally Sponsored Testing.--
            (1) In general.--Subject to paragraph (2), no funds provided 
        under this title 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.
            (2) Exceptions.--Subsection (a) shall not apply to 
        international comparative assessments developed under the 
        authority of section 153(a)(6) of this title or section 
        404(a)(6) of the National Education Statistics Act of 1994 (20 
        U.S.C. 9003(a)(6)) (as such section was in effect on the day 
        before the date of enactment of this Act) and administered to 
        only a representative sample of pupils in the United States and 
        in foreign nations.

SEC. 183. <<NOTE: 20 USC 9573.>> CONFIDENTIALITY.

    (a) In General.--All collection, maintenance, use, and wide 
dissemination of data by the Institute, including each office, board, 
committee, and center of the Institute, shall conform with the 
requirements of section 552a of title 5, United States Code, the 
confidentiality standards of subsection (c) of this section, and 
sections 444 and 445 of the General Education Provisions Act (20 U.S.C. 
1232g, 1232h).
    (b) Student Information.--The Director shall ensure that all 
individually identifiable information about students, their academic 
achievements, their families, and information with respect to individual 
schools, shall remain confidential in accordance with section 552a of 
title 5, United States Code, the confidentiality standards of subsection 
(c) of this section, and sections 444 and 445 of the General Education 
Provisions Act (20 U.S.C. 1232g, 1232h).

SEC. 184. <<NOTE: 20 USC 9574.>> AVAILABILITY OF DATA.

    Subject to section 183, data collected by the Institute, including 
any office, board, committee, or center of the Institute, in carrying 
out the priorities and mission of the Institute, shall be made available 
to the public, including through use of the Internet.

SEC. 185. <<NOTE: 20 USC 9575.>> PERFORMANCE MANAGEMENT.

    The Director shall ensure that all activities conducted or supported 
by the Institute or a National Education Center make customer service a 
priority. The Director shall ensure a high level of customer 
satisfaction through the following methods:
            (1) Establishing and improving feedback mechanisms in order 
        to anticipate customer needs.
            (2) Disseminating information in a timely fashion and in 
        formats that are easily accessible and usable by researchers, 
        practitioners, and the general public.
            (3) Utilizing the most modern technology and other methods 
        available, including arrangements to use data collected 
        electronically by States and local educational agencies, to 
        ensure the efficient collection and timely distribution of 
        information, including data and reports.

[[Page 116 STAT. 1973]]

            (4) Establishing and measuring performance against a set of 
        indicators for the quality of data collected, analyzed, and 
        reported.
            (5) Continuously improving management strategies and 
        practices.
            (6) Making information available to the public in an 
        expeditious fashion.

SEC. 186. <<NOTE: 20 USC 9576.>> AUTHORITY TO PUBLISH.

    (a) Publication.--The Director may prepare and publish (including 
through oral presentation) such research, statistics (consistent with 
part C), and evaluation information and reports from any office, board, 
committee, and center of 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.
    (b) Advance Copies.--The Director shall provide the Secretary and 
other relevant offices with an advance copy of any information to be 
published under this section before publication.
    (c) Peer Review.--All research, statistics, and evaluation reports 
conducted by, or supported through, the Institute shall be subjected to 
rigorous peer review before being published or otherwise made available 
to the public.
    (d) Items Not Covered.--Nothing in subsections (a), (b), or (c) 
shall be construed to apply to--
            (1) information on current or proposed budgets, 
        appropriations, or legislation;
            (2) information prohibited from disclosure by law or the 
        Constitution, classified national security information, or 
        information described in section 552(b) of title 5, United 
        States Code; and
            (3) review by officers of the United States in order to 
        prevent the unauthorized disclosure of information described in 
        paragraph (1) or (2).

SEC. 187. <<NOTE: 20 USC 9577.>> VACANCIES.

    Any member appointed to fill a vacancy on the Board occurring before 
the expiration of the term for which the member's predecessor was 
appointed shall be appointed only for the remainder of that term. A 
vacancy in an office, board, committee, or center of the Institute shall 
be filled in the manner in which the original appointment was made. This 
section does not apply to employees appointed under section 188.

SEC. 188. <<NOTE: 20 USC 9578.>> SCIENTIFIC OR TECHNICAL EMPLOYEES.

    (a) In General.--The Director may appoint, for terms not to exceed 6 
years (without regard to the provisions of title 5, United States Code, 
governing appointment in the competitive service) and may compensate 
(without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of such title relating to classification and General Schedule 
pay rates) such scientific or technical employees to carry out the 
functions of the Institute or the office, board, committee, or center, 
respectively, if--
            (1) at least 30 days prior to the appointment of any such 
        employee, public notice is given of the availability of such 
        position and an opportunity is provided for qualified 
        individuals to apply and compete for such position;
            (2) the rate of basic pay for such employees does not exceed 
        the maximum rate of basic pay payable for positions at GS-

[[Page 116 STAT. 1974]]

        15, as determined in accordance with section 5376 of title 5, 
        United States Code, except that not more than 7 individuals 
        appointed under this section may be paid at a rate that does not 
        exceed the rate of basic pay for level III of the Executive 
        Schedule;
            (3) the appointment of such employee is necessary (as 
        determined by the Director on the basis of clear and convincing 
        evidence) to provide the Institute or the office, board, 
        committee, or center with scientific or technical expertise 
        which could not otherwise be obtained by the Institute or the 
        office, board, committee, or center through the competitive 
        service; and
            (4) the total number of such employees does not exceed 40 
        individuals or \1/5\ of the number of full-time, regular 
        scientific or professional employees of the Institute, whichever 
        is greater.

    (b) Duties of Employees.--All employees described in subsection (a) 
shall work on activities of the Institute or the office, board, 
committee, or center, and shall not be reassigned to other duties 
outside the Institute or the office, board, committee, or center during 
their term.

SEC. 189. <<NOTE: 20 USC 9579.>> FELLOWSHIPS.

    In order to strengthen the national capacity to carry out high-
quality research, evaluation, and statistics related to education, the 
Director shall establish and maintain research, evaluation, and 
statistics fellowships in institutions of higher education (which may 
include the establishment of such fellowships in historically Black 
colleges and universities and other institutions of higher education 
with large numbers of minority students) that support graduate and 
postdoctoral study onsite at the Institute or at the institution of 
higher education. In establishing the fellowships, the Director shall 
ensure that women and minorities are actively recruited for 
participation.

SEC. 190. <<NOTE: 20 USC 9580.>> VOLUNTARY SERVICE.

    The Director may accept voluntary and uncompensated services to 
carry out and support activities that are consistent with the priorities 
and mission of the Institute.

SEC. 191. <<NOTE: 20 USC 9581.>> RULEMAKING.

    Notwithstanding section 437(d) of the General Education Provisions 
Act (20 U.S.C. 1232(d)), the exemption for public property, loans, 
grants, and benefits in section 553(a)(2) of title 5, United States 
Code, shall apply to the Institute.

SEC. 192. <<NOTE: 20 USC 9582.>> COPYRIGHT.

    Nothing in this Act shall be construed to affect the rights, 
remedies, limitations, or defense under title 17, United States Code.

SEC. 193. <<NOTE: 20 USC 9583.>> REMOVAL.

    (a) Presidential.--The Director, each member of the Board, and the 
Commissioner for Education Statistics may be removed by the President 
prior to the expiration of the term of each such appointee.
    (b) Director.--Each Commissioner appointed by the Director pursuant 
to section 117 may be removed by the Director prior to the expiration of 
the term of each such Commissioner.

[[Page 116 STAT. 1975]]

SEC. 194. <<NOTE: 20 USC 9584.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
administer and carry out this title (except section 174) $400,000,000 
for fiscal year 2003 and such sums as may be necessary for each of the 5 
succeeding fiscal years, of which--
            (1) not less than the amount provided to the National Center 
        for Education Statistics (as such Center was in existence on the 
        day before the date of enactment of this Act) for fiscal year 
        2002 shall be provided to the National Center for Education 
        Statistics, as authorized under part C; and
            (2) not more than the lesser of 2 percent of such funds or 
        $1,000,000 shall be made available to carry out section 116 
        (relating to the National Board for Education Sciences).

    (b) Regional Educational Laboratories.--There are authorized to be 
appropriated to carry out section 174 $100,000,000 for fiscal year 2003 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years. Of the amounts appropriated under the preceding sentence for a 
fiscal year, the Director shall obligate not less than 25 percent to 
carry out such purpose with respect to rural areas (including schools 
funded by the Bureau which are located in rural areas).
    (c) Availability.--Amounts made available under this section shall 
remain available until expended.

       TITLE II-- <<NOTE: Educational Technical Assistance Act of 
2002.>> EDUCATIONAL TECHNICAL ASSISTANCE

SEC. 201. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.

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

SEC. 202. <<NOTE: 20 USC 9601.>> DEFINITIONS.

    In this title:
            (1) In general.--The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given those terms 
        in section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 203. <<NOTE: 20 USC 9602.>> COMPREHENSIVE CENTERS.

    (a) Authorization.-- <<NOTE: Grants.>> 
            (1) In general.--Subject to paragraph (2), beginning in 
        fiscal year 2004, the Secretary is authorized to award not less 
        than 20 grants to local entities, or consortia of such entities, 
        with demonstrated expertise in providing technical assistance 
        and professional development in reading, mathematics, science, 
        and technology, especially to low-performing schools and 
        districts, to establish comprehensive centers.
            (2) Regions.--In awarding grants under paragraph (1), the 
        Secretary--
                    (A) shall ensure that not less than 1 comprehensive 
                center is established in each of the 10 geographic 
                regions served by the regional educational laboratories 
                established under section 941(h) of the Educational 
                Research, Development, Dissemination, and Improvement 
                Act of 1994 (as

[[Page 116 STAT. 1976]]

                such provision existed on the day before the date of 
                enactment of this Act); and
                    (B) after meeting the requirements of subparagraph 
                (A), shall consider, in awarding the remainder of the 
                grants, the school-age population, proportion of 
                economically disadvantaged students, the increased cost 
                burdens of service delivery in areas of sparse 
                population, and the number of schools identified for 
                school improvement (as described in section 1116(b) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6316(b)) in the population served by the local 
                entity or consortium of such entities.

    (b) Eligible applicants.--
            (1) In general.--Grants under this section may be made with 
        research organizations, institutions, agencies, institutions of 
        higher education, or partnerships among such entities, or 
        individuals, with the demonstrated ability or capacity to carry 
        out the activities described in subsection (f), including 
        regional entities that carried out activities under the 
        Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such Act existed on the day before 
        the date of enactment of this Act) and title XIII of the 
        Elementary and Secondary Education Act of 1965 (as such title 
        existed on the day before the date of enactment of the No Child 
        Left Behind Act of 2001 (Public Law 107-110)).
            (2) Outreach.--In conducting competitions for grants under 
        this section, the Secretary shall actively encourage potential 
        applicants to compete for such awards by making widely available 
        information and technical assistance relating to the 
        competition.
            (3) Objectives and indicators.--Before awarding a grant 
        under this section, the Secretary shall design specific 
        objectives and measurable indicators, using the results of the 
        assessment conducted under section 206, to be used to assess the 
        particular programs or initiatives, and ongoing progress and 
        performance, of the regional entities, in order to ensure that 
        the educational needs of the region are being met and that the 
        latest and best research and proven practices are being carried 
        out as part of school improvement efforts.

    (c) Application.--
            (1) Submission.--Each local entity, or consortium of such 
        entities, seeking a grant under this section shall submit an 
        application at such time, in such manner, and containing such 
        additional information as the Secretary may reasonably require.
            (2) Plan.--Each application submitted under paragraph (1) 
        shall contain a 5-year plan for carrying out the activities 
        described in this section in a manner that addresses the 
        priorities established under section 207 and addresses the needs 
        of all States (and to the extent practicable, of local 
        educational agencies) within the region to be served by the 
        comprehensive center, on an ongoing basis.

    (d) Allocation.--Each comprehensive center established under this 
section shall allocate such center's resources to and within each State 
in a manner which reflects the need for assistance, taking into account 
such factors as the proportion of economically disadvantaged students, 
the increased cost burden of service delivery in areas of sparse 
populations, and any special initiatives being undertaken by State, 
intermediate, local educational agencies,

[[Page 116 STAT. 1977]]

or Bureau-funded schools, as appropriate, which may require special 
assistance from the center.
    (e) Scope of Work.--Each comprehensive center established under this 
section shall work with State educational agencies, local educational 
agencies, regional educational agencies, and schools in the region where 
such center is located on school improvement activities that take into 
account factors such as the proportion of economically disadvantaged 
students in the region, and give priority to--
            (1) schools in the region with high percentages or numbers 
        of students from low-income families, as determined under 
        section 1113(a)(5) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6313(a)(5)), including such schools in rural 
        and urban areas, and schools receiving assistance under title I 
        of that Act (20 U.S.C. 6301 et seq.);
            (2) local educational agencies in the region in which high 
        percentages or numbers of school-age children are from low-
        income families, as determined under section 1124(c)(1)(A) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6333(c)(1)(A)), including such local educational agencies in 
        rural and urban areas; and
            (3) schools in the region that have been identified for 
        school improvement under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316(b)).

    (f) Activities.--
            (1) In general.--A comprehensive center established under 
        this section shall support dissemination and technical 
        assistance activities by--
                    (A) providing training, professional development, 
                and technical assistance regarding, at a minimum--
                          (i) the administration and implementation of 
                      programs under the Elementary and Secondary 
                      Education Act of 1965 (20 U.S.C. 6301 et seq.);
                          (ii) the use of scientifically valid teaching 
                      methods and assessment tools for use by teachers 
                      and administrators in, at a minimum--
                                    (I) the core academic subjects of 
                                mathematics, science, and reading or 
                                language arts;
                                    (II) English language acquisition; 
                                and
                                    (III) education technology; and
                          (iii) the facilitation of communication 
                      between education experts, school officials, 
                      teachers, parents, and librarians, as appropriate; 
                      and
                    (B) disseminating and providing information, 
                reports, and publications that are usable for improving 
                academic achievement, closing achievement gaps, and 
                encouraging and sustaining school improvement (as 
                described in section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316(b))), to 
                schools, educators, parents, and policymakers within the 
                region in which the center is located; and
                    (C) developing teacher and school leader inservice 
                and preservice training models that illustrate best 
                practices in the use of technology in different content 
                areas.
            (2) Coordination and collaboration.--Each comprehensive 
        center established under this section shall coordinate its 
        activities, collaborate, and regularly exchange information with

[[Page 116 STAT. 1978]]

        the regional educational laboratory in the region in which the 
        center is located, the National Center for Education Evaluation 
        and Regional Assistance, the Office of the Secretary, the State 
        service agency, and other technical assistance providers in the 
        region.

    (g) Comprehensive Center Advisory Board.--
            (1) Establishment.--Each comprehensive center established 
        under this section shall have an advisory board that shall 
        support the priorities of such center.
            (2) Duties.--Each advisory board established under paragraph 
        (1) shall advise the comprehensive center--
                    (A) concerning the activities described in 
                subsection (d);
                    (B) on strategies for monitoring and addressing the 
                educational needs of the region, on an ongoing basis;
                    (C) on maintaining a high standard of quality in the 
                performance of the center's activities; and
                    (D) on carrying out the center's duties in a manner 
                that promotes progress toward improving student academic 
                achievement.
            (3) Composition.--
                    (A) In general.--Each advisory board shall be 
                composed of--
                          (i) the chief State school officers, or such 
                      officers' designees or other State officials, in 
                      each State served by the comprehensive center who 
                      have primary responsibility under State law for 
                      elementary and secondary education in the State; 
                      and
                          (ii) not more than 15 other members who are 
                      representative of the educational interests in the 
                      region served by the comprehensive center and are 
                      selected jointly by the officials specified in 
                      clause (i) and the chief executive officer of each 
                      State served by the comprehensive center, 
                      including the following:
                                    (I) Representatives of local 
                                educational agencies and regional 
                                educational agencies, including 
                                representatives of local educational 
                                agencies serving urban and rural areas.
                                    (II) Representatives of institutions 
                                of higher education.
                                    (III) Parents.
                                    (IV) Practicing educators, including 
                                classroom teachers, principals, and 
                                administrators.
                                    (V) Representatives of business.
                                    (VI) Policymakers, expert 
                                practitioners, and researchers with 
                                knowledge of, and experience using, the 
                                results of research, evaluation, and 
                                statistics.
                    (B) Special rule.--In 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, to the extent permitted by State 
                law, with the State educational agency in selecting 
                additional members of the board under subparagraph 
                (A)(i).

    (h) Report to Secretary.--Each comprehensive center established 
under this section shall submit to the Secretary an annual

[[Page 116 STAT. 1979]]

report, at such time, in such manner, and containing such information as 
the Secretary may require, which shall include the following:
            (1) A summary of the comprehensive center's activities 
        during the preceding year.
            (2) A listing of the States, local educational agencies, and 
        schools the comprehensive center assisted during the preceding 
        year.

SEC. 204. <<NOTE: 20 USC 9603.>> EVALUATIONS.

    The Secretary shall provide for ongoing independent evaluations by 
the National Center for Education Evaluation and Regional Assistance of 
the comprehensive centers receiving assistance under this title, the 
results of which shall be transmitted to the appropriate congressional 
committees and the Director of the Institute of Education Sciences. Such 
evaluations shall include an analysis of the services provided under 
this title, the extent to which each of the comprehensive centers meets 
the objectives of its respective plan, and whether such services meet 
the educational needs of State educational agencies, local educational 
agencies, and schools in the region.

SEC. 205. <<NOTE: 20 USC 9604.>> EXISTING TECHNICAL ASSISTANCE 
            PROVIDERS.

    The Secretary shall continue awards for the support of the 
Eisenhower Regional Mathematics and Science Education Consortia 
established under part M of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (as such part existed on the 
day before the date of enactment of this Act), the Regional Technology 
in Education Consortia under section 3141 of the Elementary and 
Secondary Education Act of 1965 (as such section existed on the day 
before the date of enactment of the No Child Left Behind Act of 2001 
(Public Law 107-110)), and the Comprehensive Regional Assistance Centers 
established under part K of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (as such part existed on the 
day before the date of enactment of this Act), in accordance with the 
terms of such awards, until the comprehensive centers authorized under 
section 203 are established.

SEC. 206. <<NOTE: 20 USC 9605.>> REGIONAL ADVISORY COMMITTEES.

    (a) Establishment.--Beginning in 2004, the Secretary shall establish 
a regional advisory committee for each region described in section 
174(b) of the Education Sciences Reform Act of 2002.
    (b) Membership.--
            (1) Composition.--The membership of each regional advisory 
        committee shall--
                    (A) not exceed 25 members;
                    (B) contain a balanced representation of States in 
                the region; and
                    (C) include not more than one representative of each 
                State educational agency geographically located in the 
                region.
            (2) Eligibility.--The membership of each regional advisory 
        committee may include the following:
                    (A) Representatives of local educational agencies, 
                including rural and urban local educational agencies.

[[Page 116 STAT. 1980]]

                    (B) Representatives of institutions of higher 
                education, including individuals representing 
                university-based education research and university-based 
                research on subjects other than education.
                    (C) Parents.
                    (D) Practicing educators, including classroom 
                teachers, principals, administrators, school board 
                members, and other local school officials.
                    (E) Representatives of business.
                    (F) Researchers.
            (3) Recommendations.--In choosing individuals for membership 
        on a regional advisory committee, the Secretary shall consult 
        with, and solicit recommendations from, the chief executive 
        officers of States, chief State school officers, and education 
        stakeholders within the applicable region.
            (4) Special rule.--
                    (A) Total number.--The total number of members on 
                each committee who are selected under subparagraphs (A), 
                (C), and (D) of paragraph (2), collectively, shall 
                exceed the total number of members who are selected 
                under paragraph (1)(C) and subparagraphs (B), (E), and 
                (F) of paragraph (2), collectively.
                    (B) Dissolution.--Each regional advisory committee 
                shall be dissolved by the Secretary after submission of 
                such committee's report described in subsection (c)(2) 
                to the Secretary, but each such committee may be 
                reconvened at the discretion of the Secretary.

    (c) Duties.--Each regional advisory committee shall advise the 
Secretary on the following:
            (1) An educational needs assessment of its region (using the 
        results of the assessment conducted under subsection (d)), in 
        order to assist in making decisions regarding the regional 
        educational priorities.
            (2) <<NOTE: Deadline.>> Not later than 6 months after the 
        committee is first convened, a report based on the assessment 
        conducted under subsection (d).

    (d) Regional Assessments.--Each regional advisory committee shall--
            (1) assess the educational needs within the region to be 
        served;
            (2) in conducting the assessment under paragraph (1), seek 
        input from chief executive officers of States, chief State 
        school officers, educators, and parents (including through a 
        process of open hearings to solicit the views and needs of 
        schools (including public charter schools), teachers, 
        administrators, members of the regional educational laboratory 
        governing board, parents, local educational agencies, 
        librarians, businesses, State educational agencies, and other 
        customers (such as adult education programs) within the region) 
        regarding the need for the activities described in section 174 
        of the Education Sciences Reform Act of 2002 and section 203 of 
        this title and how those needs would be most effectively 
        addressed; and
            (3) submit the assessment to the Secretary and to the 
        Director of the Academy of Education Sciences, at such time, in 
        such manner, and containing such information as the Secretary 
        may require.

[[Page 116 STAT. 1981]]

SEC. 207. <<NOTE: 20 USC 9606.>> PRIORITIES.

    The Secretary shall establish priorities for the regional 
educational laboratories (established under section 174 of the Education 
Sciences Reform Act of 2002) and comprehensive centers (established 
under section 203 of this title) to address, taking onto account the 
regional assessments conducted under section 206 and other relevant 
regional surveys of educational needs, to the extent the Secretary deems 
appropriate.

SEC. 208. <<NOTE: 20 USC 9607.>> GRANT PROGRAM FOR STATEWIDE, 
            LONGITUDINAL DATA SYSTEMS.

    (a) Grants Authorized.--The Secretary is authorized to award grants, 
on a competitive basis, to State educational agencies to enable such 
agencies to design, develop, and implement statewide, longitudinal data 
systems to efficiently and accurately manage, analyze, disaggregate, and 
use individual student data, consistent with the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
    (b) Applications.--Each State educational agency desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may reasonably require.
    (c) Awarding of Grants.--In awarding grants under this section, the 
Secretary shall use a peer review process that--
            (1) ensures technical quality (including validity and 
        reliability), promotes linkages across States, and protects 
        student privacy consistent with section 183;
            (2) promotes the generation and accurate and timely use of 
        data that is needed--
                    (A) for States and local educational agencies to 
                comply with the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6301 et seq.) and other reporting 
                requirements and close achievement gaps; and
                    (B) to facilitate research to improve student 
                academic achievement and close achievement gaps; and
            (3) gives priority to applications that meet the voluntary 
        standards and guidelines described in section 153(a)(5).

    (d) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, other State or 
local funds used for developing State data systems.
    (e) Report.-- <<NOTE: Deadline.>> Not later than 1 year after the 
date of enactment of the Educational Technical Assistance Act of 2002, 
and again 3 years after such date of enactment, 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, State, and local efforts related to the 
goals of this section, including--
            (1) identifying and analyzing State practices regarding the 
        development and use of statewide, longitudinal data systems;
            (2) evaluating the ability of such systems to manage 
        individual student data consistent with the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 
        promote linkages across States, and protect student privacy 
        consistent with section 183; and
            (3) identifying best practices and areas for improvement.

[[Page 116 STAT. 1982]]

SEC. 209. <<NOTE: 20 USC 9608.>> AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$80,000,000 for fiscal year 2003 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.

    TITLE III-- <<NOTE: National Assessment of Educational Progress 
Authorization Act.>> NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

SEC. 301. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.

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

SEC. 302. <<NOTE: 20 USC 9623.>> DEFINITIONS.

    In this title:
            (1) The term ``Director'' means the Director of the 
        Institute of Education Sciences.
            (2) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 303. <<NOTE: 20 USC 9624.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated--
            (1) for fiscal year 2003--
                    (A) $4,600,000 to carry out section 302, as amended 
                by section 401 of this Act (relating to the National 
                Assessment Governing Board); and
                    (B) $107,500,000 to carry out section 303, as 
                amended by section 401 of this Act (relating to the 
                National Assessment of Educational Progress); and
            (2) such sums as may be necessary for each of the 5 
        succeeding fiscal years to carry out sections 302 and 303, as 
        amended by section 401 of this Act.

    (b) Availability.--Amounts made available under this section shall 
remain available until expended.

                     TITLE IV--AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS.

    (a) Confidentiality.--Section 408 of the National Education 
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
            (1) by striking ``center'', ``Center'', and ``Commissioner'' 
        each place any such term appears and inserting ``Director'';
            (2) in subsection (a)(2)(A), by striking ``statistical 
        purpose'' and inserting ``research, statistics, or evaluation 
        purpose under this title'';
            (3) by striking subsection (b)(1) and inserting the 
        following:
            ``(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

[[Page 116 STAT. 1983]]

                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.'';
            (4) in paragraphs (2) and (6) of subsection (b), by striking 
        ``subsection (a)(2)'' each place such term appears and inserting 
        ``subsection (c)(2)'';
            (5) in paragraphs (3) and (7) of subsection (b), by striking 
        ``Center's'' each place such term appears and inserting 
        ``Director's''; and
            (6) <<NOTE: 20 USC 9007, 9573.>> by striking the section 
        heading and transferring all the subsections (including 
        subsections (a) through (c)) and redesignating such subsections 
        as subsections (c) through (e), respectively, at the end of 
        section 183 of this Act.

    (b) Conforming Amendment.--Sections 302 and 303 of this 
Act <<NOTE: Ante, p. 1982.>> are redesignated as sections 304 and 305, 
respectively.

    (c) National Assessment Governing Board.--Section 412 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended--
            (1) in subsection (a)--
                    (A) by striking ``referred to as the `Board' '' and 
                inserting ``referred to as the `Assessment Board' ''; 
                and
                    (B) by inserting ``(carried out under section 303)'' 
                after ``for the National Assessment'';
            (2) by striking ``Board'' each place such term appears 
        (other than in subsection (a)) and inserting ``Assessment 
        Board'';
            (3) by striking ``Commissioner'' each place such term 
        appears and inserting ``Commissioner for Education Statistics'';
            (4) in subsection (b)(2)--
                    (A) by striking ``Assistant secretary for 
                educational research'' in the heading and inserting 
                ``Director of the institute of education sciences''; and
                    (B) by striking ``Assistant Secretary for 
                Educational Research and Improvement'' and inserting 
                ``Director of the Institute of Education Sciences'';
            (5) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``section 
                      411(b)'' and inserting ``section 303(b)'';
                          (ii) in subparagraph (B), by striking 
                      ``section 411(e)'' and inserting ``section 
                      303(e)'';
                          (iii) in subparagraph (E), by striking ``, 
                      including the Advisory Council established under 
                      section 407'';
                          (iv) in subparagraphs (F) and (I), by striking 
                      ``section 411'' each place such term appears and 
                      inserting ``section 303'';
                          (v) in subparagraph (H), by striking ``and'' 
                      after the semicolon;
                          (vi) in subparagraph (I), by striking the 
                      period at the end and inserting ``; and''; and
                          (vii) by inserting at the end the following:
                    ``(J) plan and execute the initial public release of 
                National Assessment of Educational Progress reports.

[[Page 116 STAT. 1984]]

        The National Assessment of Educational Progress data shall not 
        be released prior to the release of the reports described in 
        subparagraph (J).'';
                    (B) in paragraph (5), by striking ``and the Advisory 
                Council on Education Statistics''; and
                    (C) in paragraph (6), by striking ``section 411(e)'' 
                and inserting ``section 303(e)''; and
            (6) <<NOTE: 20 USC 9011, 9621.>> by transferring and 
        redesignating the section as section 302 (following section 301) 
        of title III of this Act.

    (d) National Assessment of Educational Progress.--Section 411 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9010) is amended--
            (1) by striking ``Commissioner'' each place such term 
        appears and inserting ``Commissioner for Education Statistics'';
            (2) by striking ``National Assessment Governing Board'' and 
        ``National Board'' each place either such term appears and 
        inserting ``Assessment Board'';
            (3) in subsection (a)--
                    (A) by striking ``section 412'' and inserting 
                ``section 302''; and
                    (B) by striking ``and with the technical assistance 
                of the Advisory Council established under section 
                407,'';
            (4) in subsection (b)--
                    (A) in paragraph (1), by inserting ``of'' after 
                ``academic achievement and reporting'';
                    (B) in paragraph (3)(A)--
                          (i) in clause (i), by striking ``paragraphs 
                      (1)(B) and (1)(E)'' and inserting ``paragraphs 
                      (2)(B) and (2)(E)'';
                          (ii) in clause (ii), by striking ``paragraph 
                      (1)(C)'' and inserting ``paragraph (2)(C)''; and
                          (iii) in clause (iii), by striking ``paragraph 
                      (1)(D)'' and inserting ``paragraph (2)(D)''; and
                    (C) in paragraph (5), by striking ``(c)(2)'' and 
                inserting ``(c)(3)'';
            (5) in subsection (c)(2)(D), by striking ``subparagraph 
        (B)'' and inserting ``subparagraph (C)'';
            (6) in subsection (e)(4), by striking ``subparagraph 
        (2)(C)'' and inserting ``paragraph (2)(C) of such subsection'';
            (7) in subsection (f)(1)(B)(iv), by striking ``section 
        412(e)(4)'' and inserting ``section 302(e)(4)''; and
            (8) <<NOTE: 20 USC 9010, 9622.>> by transferring and 
        redesignating the section as section 303 (following section 302) 
        of title III of this Act.

    (e) Table of Contents Amendment.--The items relating to title III in 
the table of contents of this Act, as amended by section 401 of this 
Act, are amended to read as follows:

        ``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. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.

    The Department of Education Organization Act (20 U.S.C. 3401 et 
seq.) is amended--
            (1) by striking section 202(b)(4) <<NOTE: 20 USC 3412.>>  
        and inserting the following:

[[Page 116 STAT. 1985]]

    ``(4) There shall be in the Department a Director of the Institute 
of 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.'';
            (2) by striking section 208 <<NOTE: 20 USC 3419. ``institute 
              of education sciences>>  and inserting the following:

    ``Sec. 208. There shall be in the Department of Education the 
Institute of 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.''; and
            (3) by striking the item relating to section 208 in the 
        table of contents in section 1 and inserting the following:

``Sec. 208. Institute of Education Sciences.''.

SEC. 403. REPEALS.

    The following provisions of law are repealed:
            (1) The National Education Statistics Act of 1994 <<NOTE: 20 
        USC 9001 note, 9001-9009, 9012.>>  (20 U.S.C. 9001 et seq.).
            (2) Parts A through E and K through N of the Educational 
        Research, Development, Dissemination, and Improvement Act of 
        1994 <<NOTE: 20 USC 1221e notes, 6011, 6021, 6031, 6041, 6051, 
        6053-6053e, 6054-6054b, 6055-6055h, 6056, 6056a.>>  (title IX of 
        the Goals 2000: Educate America Act) (20 U.S.C. 6001 et seq.).
            (3) Section 401(b)(2) of the Department of Education 
        Organization Act (20 U.S.C. 3461(b)(2)).

SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Goals 2000: Educate America Act.--The table of contents in 
section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801 
note) is amended by striking the items relating to parts A through E of 
title IX (including the items relating to sections within those parts).
    (b) Title 5, United States Code.--Section 5315 of title 5, United 
States Code, is amended by striking the following:
    ``Commissioner, National Center for Education Statistics.''.
    (c) General Education Provisions Act.--Section 447(b) of the General 
Education Provisions Act (20 U.S.C. 1232j(b)) is amended by striking 
``section 404(a)(6) of the National Education Statistics Act of 1994 (20 
U.S.C. 9003(a)(6))'' and inserting ``section 153(a)(6) of the Education 
Sciences Reform Act of 2002''.
    (d) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
as follows:
            (1) Section 1111(c)(2) <<NOTE: 20 USC 6311.>>  is amended by 
        striking ``section 411(b)(2) of the National Education 
        Statistics Act of 1994'' and inserting ``section 303(b)(2) of 
        the National Assessment of Educational Progress Authorization 
        Act''.
            (2) Section 1112(b)(1)(F) <<NOTE: 20 USC 6312.>>  is amended 
        by striking ``section 411(b)(2) of the National Education 
        Statistics Act of 1994'' and inserting ``section 303(b)(2) of 
        the National Assessment of Educational Progress Authorization 
        Act''.
            (3) Section 1117(a)(3) <<NOTE: 20 USC 6317.>>  is amended--
                    (A) by inserting ``(as such section existed on the 
                day before the date of enactment of the Education 
                Sciences Reform Act of 2002)'' after ``Act of 1994''; 
                and
                    (B) by inserting ``regional educational laboratories 
                established under part E of the Education Sciences 
                Reform

[[Page 116 STAT. 1986]]

                Act of 2002 and comprehensive centers established under 
                the Educational Technical Assistance Act of 2002 and'' 
                after ``assistance from''.
            (4) Section 1501(a)(3) <<NOTE: 20 USC 6491.>>  is amended by 
        striking ``section 411 of the National Education Statistics Act 
        of 1994'' and inserting ``section 303 of the National Assessment 
        of Educational Progress Authorization Act''.
            (5) The following provisions are each amended by striking 
        ``Office of Educational Research and Improvement'' and inserting 
        ``Institute of Education Sciences'':
                    (A) Section 3222(a) (20 U.S.C. 6932(a)).
                    (B) Section 3303(1) (20 U.S.C. 7013(1)).
                    (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
                    (D) Paragraphs (1) and (2) of section 5615(d) (20 
                U.S.C. 7283d(d)).
                    (E) Paragraphs (1) and (2) of section 7131(c) (20 
                U.S.C. 7451(c)).
            (6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C. 
        7253c(e)) are each amended by striking ``such Office'' and 
        inserting ``such Institute''.
            (7) Section 5613 (20 U.S.C. 7283b) is amended--
                    (A) in subsection (a)(5), by striking ``Assistant 
                Secretary of the Office of Educational Research and 
                Improvement'' and inserting ``Director of the Institute 
                of Education Sciences''; and
                    (B) in subsection (b)(2)(B), by striking ``research 
                institutes of the Office of Educational Research and 
                Improvement'' and inserting ``National Education Centers 
                of the Institute of Education Sciences''.
            (8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C. 
        7283d(d)(1), 7451(c)(1)) are each amended by striking ``by the 
        Office'' and inserting ``by the Institute''.
            (9) Section 9529(b) <<NOTE: 20 USC 7909.>>  is amended by 
        striking ``section 404(a)(6) of the National Education 
        Statistics Act of 1994'' and inserting ``section 153(a)(5) of 
        the Education Sciences Reform Act of 2002''.

    (e) School-to-Work Opportunities Act of 1994.--Section 404 of the 
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194) is amended by 
inserting ``(as such Act existed on the day before the date of enactment 
of the Education Sciences Reform Act of 2002)'' after ``Act of 1994''.

SEC. 405. <<NOTE: 20 USC 9501 note.>> ORDERLY TRANSITION.

    The Secretary of Education shall take such steps as are necessary to 
provide for the orderly transition to, and implementation of, the 
offices, boards, committees, and centers (and their various functions 
and responsibilities) established or authorized by this Act, and by the 
amendments made by this Act, from those established or authorized by the 
Educational Research, Development, Dissemination, and Improvement Act of 
1994 (20 U.S.C. 6001 et seq.) and the National Education Statistics Act 
of 1994 (20 U.S.C. 9001 et seq.).

SEC. 406. IMPACT AID.

    (a) Payments for Federally Connected Children.--Section 
8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is amended to read as 
follows:

[[Page 116 STAT. 1987]]

                                    ``(bb) for a local educational 
                                agency that has a total student 
                                enrollment of less than 350 students, 
                                has a per-pupil expenditure that is less 
                                than the average per-pupil expenditure 
                                of a comparable local education agency 
                                or three comparable local educational 
                                agencies in the State in which the local 
                                educational agency is located; and''.

    (b) <<NOTE: Applicability. 20 USC 7703 note.>> Effective Date.--The 
amendment made by section 406(a) shall be effective on September 30, 
2001, and shall apply with respect to fiscal year 2001, and all 
subsequent fiscal years.

    (c) Bonesteel-Fairfax School District.--The Secretary of Education 
shall deem the local educational agency serving the Bonesteel-Fairfax 
school district, 26-5, in Bonesteel, South Dakota, as eligible in fiscal 
year 2003 for a basic support payment for heavily impacted local 
educational agencies under section 8003(b)(2) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)).
    (d) Central School District.-- <<NOTE: Deadline.>> Notwithstanding 
any other provision of law, the Secretary of Education shall treat as 
timely filed an application filed by Central School District, Sequoyah 
County, Oklahoma, for payment for federally connected students for 
fiscal year 2003, pursuant to section 8003 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703), and shall process such 
application for payment, if the Secretary has received such application 
not later than 30 days after the date of enactment of this Act.

    Approved November 5, 2002.

LEGISLATIVE HISTORY--H.R. 3801:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-404 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Apr. 30, considered and passed House.
            Oct. 15, considered and passed Senate, amended.
            Oct. 16, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Nov. 5, Presidential statement.

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