I

103D CONGRESS

1ST SESSION H. R. 3562

To provide for the collection and dissemination of statistics designed to

show the condition and progress of education in the United States,

to promote and improve the cause of education throughout the Nation,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 19, 1993

Mr. KILDEE (for himself and Mr. FORD of Michigan) introduced the following

bill; which was referred to the Committee on Education and Labor

A BILL

To provide for the collection and dissemination of statistics

designed to show the condition and progress of education

in the United States, to promote and improve the cause

of education throughout the Nation, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘National Education

4 Statistics Act of 1993’’.

5 FINDINGS; PURPOSE; DEFINITIONS

6 SEC. 2. (a) FINDINGS.—The Congress finds that—
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1 (1) a Department of Education was established

2 in 1867 ‘‘for the purpose of collecting such statistics

3 and facts as shall show the condition and progress

4 of education in the several States and Territories,

5 and of diffusing such information respecting the or6 ganization and management of schools and school

7 systems and methods of teaching as shall aid the

8 people of the United States in the establishment and

9 maintenance of efficient school systems, and other10 wise promote the cause of education throughout the

11 country’’;

12 (2) today, while the role of the current Depart13 ment of Education is much broader, the National

14 Center for Education Statistics within the Depart15 ment’s Office of Educational Research and Improve16 ment continues to perform those crucial original

17 purposes; and

18 (3) looking to the 21st Century, the National

19 Center for Education Statistics must be able to de20 sign and undertake, effectively and efficiently, statis21 tical activities that will aid in reform of our Nation’s

22 educational systems.

23 (b) PURPOSE.—It is the purpose of this Act to ensure

24 the continuation of an effective mechanism for collecting

25 and reporting statistics and information showing the con-
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1 dition and progress of education in the United States and

2 other nations in order to promote and accelerate the im3 provement of American education.

4 (c) DEFINITIONS.—For the purpose of this Act, the

5 term—

6 (1) ‘‘Assistant Secretary’’ means the Assistant

7 Secretary for Educational Research and Improve8 ment, provided for under section 202(b)(1)(E) of the

9 Department of Education Organization Act;

10 (2) ‘‘Department’’ means the Department of

11 Education;

12 (3) ‘‘institution of higher education’’ has the

13 same meaning as that term is used in section 1201

14 of the Higher Education Act of 1965;

15 (4) ‘‘local educational agency’’ has the same

16 meaning as that term is used in section 1471 of the

17 Elementary and Secondary Education Act of 1965;

18 (5) ‘‘Secretary’’ means the Secretary of Edu19 cation;

20 (6) ‘‘State educational agency’’ has the same

21 meaning as that term is used in section 1471 of the

22 Elementary and Secondary Education Act of 1965;

23 and

24 (7) ‘‘United States’’ and ‘‘State’’—
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1 (A) mean, other than for the purpose of

2 section 11, each of the 50 States, the District

3 of Columbia, and the Commonwealth of Puerto

4 Rico; and

5 (B) for the purpose of section 11, include

6 Guam, American Samoa, the Virgin Islands, the

7 Commonwealth of the Northern Mariana Is8 lands, and the Republic of Palau (until the ef9 fective date of the Compact of Free Association

10 with the Government of Palau).

11 NATIONAL CENTER FOR EDUCATION STATISTICS

12 SEC. 3. (a) ESTABLISHMENT.—There is established,

13 within the Office of Educational Research and Improve14 ment established under section 209 of the Department of

15 Education Organization Act, a National Center for Edu16 cation Statistics (the ‘‘Center’’).

17 (b) COMMISSIONER AND ASSOCIATE COMMIS18 SIONERS.—(1) The Center shall be headed by a Commis19 sioner of Education Statistics (the ‘‘Commissioner’’) who

20 shall be appointed by the President, by and with the advice

21 and consent of the Senate, and who shall—

22 (A) have substantial knowledge of programs en23 compassed by the Center;

24 (B) be paid in accordance with section 5315 of

25 title 5, United States Code; and
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1 (C) serve for a term of 4 years, with the terms

2 to expire every fourth June 21, beginning in 1995.

3 (2) The Commissioner may appoint such Associate

4 Commissioners as the Commissioner determines are nec5 essary and appropriate.

6 DUTIES OF THE CENTER

7 SEC. 4. (a) DUTIES.—The duties of the Center are

8 to collect, analyze, and disseminate statistics and other in9 formation related to education in the United States and

10 in other nations, including—

11 (1) acquiring, compiling (where appropriate, on

12 a State-by-State basis), and disseminating full and

13 complete statistics on the condition and progress of

14 education in the United States, including data on—

15 (A) State and local education reform;

16 (B) student achievement and other edu17 cational outcomes (including data on special

18 student populations and data on high school

19 completions, dropouts, and adult literacy);

20 (C) educational access and opportunity (in21 cluding data on financial aid to postsecondary

22 students);

23 (D) teaching (including data on curricu24 lum, instruction, the conditions of the education

25 workplace, and the supply of, and demand for,

26 teachers);
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1 (E) the learning environment (including

2 data on libraries and the incidence of crime, vi3 olence, and substance abuse);

4 (F) the financing and management of edu5 cation (including data on revenues and expendi6 tures); and

7 (G) the social and economic status of chil8 dren;

9 (2) conducting and publishing reports and anal10 yses of the meaning and significance of such statis11 tics;

12 (3) conducting longitudinal studies, as well as

13 regular and special surveys and data collections, nec14 essary to report on the condition and progress of

15 education;

16 (4) assisting public and private educational

17 agencies, organizations, and institutions in improv18 ing and automating their statistical and data collec19 tion activities; and

20 (5) acquiring and disseminating data on edu21 cational activities and student achievement in the

22 United States compared with those in foreign na23 tions.

24 (b) TRAINING PROGRAM.—The Commissioner may

25 establish a program to train employees of public and pri-
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1 vate educational agencies, organizations, and institutions

2 in the use of the Center’s standard statistical procedures

3 and concepts and may establish a fellows program to ap4 point such employees as temporary fellows at the Center

5 in order to assist the Center in carrying out its duties.

6 PERFORMANCE OF DUTIES

7 SEC. 5. (a) GENERAL.—In carrying out the duties

8 under this Act, the Commissioner may enter into grants,

9 contracts, and cooperative agreements.

10 (b) GATHERING INFORMATION.—(1) The Commis11 sioner may use the statistical method known as sampling

12 to carry out the purpose of this Act.

13 (2) The Commissioner may, as he or she considers

14 appropriate, use information collected—

15 (A) from States, local educational agencies,

16 schools, institutions of higher education, libraries,

17 administrators, teachers, students, the general pub18 lic, and such other individuals, organizations, agen19 cies, and institutions as the Commissioner may con20 sider appropriate; and

21 (B) by other offices within the Department and

22 by other Federal departments, agencies, and instru23 mentalities.

24 (3) The Commissioner may—

25 (A) enter into interagency agreements for the

26 collection of statistics;
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1 (B) arrange with any agency, organization, or

2 institution for the collection of statistics; and

3 (C) assign employees of the Center to any such

4 agency, organization, or institution to assist in such

5 collection.

6 (4) In order to maximize the effectiveness of Federal

7 efforts to serve the educational needs of children and

8 youth, the Commissioner shall—

9 (A) provide technical assistance to Department

10 offices that gather data for statistical purposes; and

11 (B) coordinate closely with other Department

12 offices in the collection of data.

13 REPORTS

14 SEC. 6. (a) REPORT ON THE CONDITION AND

15 PROGRESS OF EDUCATION.—The Commissioner shall, no

16 later than June 1 of each year, submit to the President

17 and the Congress a statistical report on the condition and

18 progress of education in the United States.

19 (b) STATISTICAL REPORTS.—The Commissioner

20 shall issue regular statistical reports to the President and

21 Congress on such education topics as the Commissioner

22 determines to be appropriate.

23 (c) SPECIAL REPORTS.—The Commissioner may,

24 whenever he or she considers it appropriate, issue special

25 reports on particular education topics.
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1 ADVISORY COUNCIL ON EDUCATION STATISTICS

2 SEC. 7. (a) ESTABLISHMENT.—There is established,

3 within the Center, the Advisory Council on Education Sta4 tistics (the ‘‘Council’’).

5 (b) MEMBERSHIP.—(1) The Council shall be com6 posed of—

7 (A) 15 voting members who are users of edu8 cation data and who are appointed by the Secretary

9 on the basis of their experience and eminence within

10 the field, of whom at least—

11 (i) three shall be educators;

12 (ii) three shall be education policy-makers;

13 (iii) three shall be professional statisti14 cians; and

15 (iv) three shall be education researchers;

16 (B) the Director of the Census and the Com17 missioner of Labor Statistics, as voting, ex officio

18 members; and

19 (C) the Assistant Secretary and the Commis20 sioner, as nonvoting, ex officio members.

21 (2) The Secretary shall appoint the presiding officer

22 of the Council from among the voting members.

23 (3) Members of the Council appointed under para24 graph (1)(A) shall be appointed for three-year terms ex25 cept that, in the case of initial appointments, the Sec-
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1 retary shall make appointments for shorter terms to the

2 extent necessary to avoid the expiration of the terms of

3 more than five members in the same calendar year.

4 (4)(A) The Council shall meet at the call of the pre5 siding officer, except that it shall meet—

6 (i) at least two times during each calendar year;

7 and

8 (ii) in addition, whenever eight voting members

9 request in writing that the presiding officer call a

10 meeting.

11 (B) Nine voting members of the Council shall con12 stitute a quorum.

13 (5) The Council shall review general policies for the

14 operation of the Center and shall advise the Commissioner

15 on standards to ensure that statistics and other informa16 tion disseminated by the Center are of high quality and

17 are not subject to partisan political influence.

18 CONFIDENTIALITY

19 SEC. 8. (a) IN GENERAL.—(1) The Center shall de20 velop and enforce standards designed to protect the con21 fidentiality of persons in the collection, reporting, and

22 publication of data under this section. The section shall

23 not be construed to protect the confidentiality of informa24 tion about institutions, organizations, and agencies that

25 receive grants from, or have contracts or cooperative

26 agreements with, the Federal Government.
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1 (2) No person may—

2 (A) use any individually identifiable information

3 furnished under this Act for any purpose other than

4 a statistical purpose;

5 (B) make any publication whereby the data fur6 nished by any particular person under this Act can

7 be identified; or

8 (C) permit anyone other than the individuals

9 authorized by the Commissioner to examine the indi10 vidual reports.

11 (b) ADMINISTRATION.—(1) No department, bureau,

12 agency, officer, or employee of the government, except the

13 Commissioner in carrying out the purposes of this Act,

14 shall require, for any reason, copies of reports that have

15 been filed under this Act with the Center or retained by

16 any individual respondent. Copies of such reports that

17 have been so filed or retained with the Center or any of

18 its employees, contractors, or agents shall be immune from

19 legal process, and shall not, without the consent of the

20 individual concerned, be admitted as evidence or used for

21 any purpose in any action, suit, or other judicial or admin22 istrative proceeding. This paragraph shall apply only to

23 individually identifiable information (as defined in para24 graph (4)(A)).
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1 (2) Whoever, being or having been an employee or

2 staff member of the Department, having taken or sub3 scribed the oath of office, or having sworn to observe the

4 limitations imposed by subsection (a)(2), knowingly pub5 lishes or communicates any individually identifiable infor6 mation (as defined in paragraph (4)(A)), the disclosure

7 of which is prohibited by subsection (a)(2), and that comes

8 into his or her possession by reason of employment (or

9 otherwise providing services) under this Act, shall be

10 found guilty of a class E felony and imprisoned for not

11 more than five years, or fined as specified in 18 U.S.C.

12 3571, or both.

13 (3) The Commissioner may utilize temporary staff,

14 including employees of Federal, State, or local agencies

15 or instrumentalities including local educational agencies,

16 and employees of private organizations to assist the Cen17 ter in performing its responsibilities, but only if such tem18 porary staff are sworn to observe the limitations imposed

19 by this section.

20 (4) For the purposes of this section—

21 (A) the term ‘‘individually identifiable informa22 tion’’ means any record, response form, completed

23 survey, or aggregation thereof from which informa24 tion about particular individuals may be revealed;

25 and
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1 (B) the term ‘‘report’’ means a response pro2 vided by or about an individual to an inquiry from

3 the Center and does not include a statistical aggre4 gation from which individually identifiable informa5 tion cannot be revealed.

6 (5) Any person who uses any data provided by the

7 Center, in conjunction with any other information or tech8 nique, to identify any individual student, teacher, adminis9 trator, or other individual and who knowingly discloses,

10 publishes, or uses such data for a purpose other than a

11 statistical purpose, or who otherwise violates subsections

12 (a)(2) (A) or (B), shall be found guilty of a class E felony

13 and imprisoned for not more than five years, or fined as

14 specified in 18 U.S.C. 3571, or both.

15 (6) Nothing in this section shall restrict the right of

16 the Secretary, the Comptroller General of the United

17 States, the Director of the Congressional Budget Office,

18 and the Librarian of Congress to gain access to any re19 ports or other records, including information identifying

20 individuals, in the Center’s possession, except that the

21 same restrictions on disclosure that apply to the Center

22 under subsection (b)(1) and (5) shall apply.

23 DISSEMINATION

24 SEC. 9. (a) GENERAL REQUESTS.—(1) The Center

25 may furnish transcripts or copies of tables and other sta26 tistical records and make special statistical compilations
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1 and surveys for State and local officials, public and private

2 organizations, and individuals.

3 (2) The Center shall provide State and local edu4 cational agencies opportunities to suggest the development

5 of particular compilations of statistics, surveys, and analy6 ses that would assist those educational agencies.

7 (b) CONGRESSIONAL REQUESTS.—The Center shall

8 furnish such special statistical compilations and surveys

9 as the Congress may request.

10 (c) JOINT STATISTICAL PROJECTS.—The Secretary

11 may engage in joint statistical projects related to the pur12 poses of this Act, or other statistical purposes authorized

13 by law, with nonprofit organizations or agencies, and the

14 cost of such projects shall be shared equitably as deter15 mined by the Secretary.

16 (d) FEES.—(1) Statistical compilations and surveys

17 under this section, other than those carried out pursuant

18 to subsections (b) and (c), may be made subject to the

19 payment of the actual or estimated cost of such work.

20 (2) All funds received in payment for work or services

21 described in this subsection may be used to pay directly

22 the costs of such work or services, to repay appropriations

23 that initially bore all or part of such costs, or to refund

24 excess sums when necessary.
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1 (e) ACCESS.—(1) The Center shall, consistent with

2 section 8, participate with other Federal agencies having

3 a need for educational data in providing access to edu4 cational data received by the Center.

5 (2) The Center shall, in accordance with such terms

6 and conditions as the Secretary may prescribe, provide all

7 interested parties, including public and private agencies

8 and individuals, direct access to data collected by the Cen9 ter for the purposes of research and acquiring statistical

10 information.

11 COOPERATIVE EDUCATION STATISTICS SYSTEMS

12 SEC. 10. The Commissioner may establish one or

13 more national cooperative education statistics systems for

14 the purpose of producing and maintaining, with the co15 operation of the States, comparable and uniform informa16 tion and data on elementary and secondary education,

17 postsecondary education, and libraries that are useful for

18 policymaking at the Federal, State, and local levels. In

19 carrying out this section, the Commissioner may provide

20 technical assistance and make grants and enter into con21 tracts and cooperative agreements.

22 NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

23 SEC. 11. (a) ESTABLISHMENT.—The Commissioner

24 shall, with the advice of the National Assessment Govern25 ing Board established by section 12, carry out, through

26 grants, contracts, or cooperative agreements with one or
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1 more qualified organizations, or consortia thereof, a Na2 tional Assessment of Educational Progress (the ‘‘National

3 Assessment’’).

4 (b) PURPOSE; CONTENTS.—(1) The purpose of the

5 National Assessment is to provide a fair and accurate

6 presentation of educational achievement in reading, writ7 ing, and the other subjects included in National Education

8 Goal Three. The Commissioner, in carrying out the Na9 tional Assessment, shall use sampling techniques that

10 produce data that are representative on a national and

11 regional basis and on a State basis pursuant to paragraph

12 (2). In addition, the Commissioner shall—

13 (A) collect and report data on a periodic basis,

14 but at least once every two years, on students at

15 ages 9, 13, and 17 and in grades 4, 8, and 12;

16 (B) report achievement data on a basis that en17 sures valid and reliable trend reporting;

18 (C) include information on special groups; and

19 (D) ensure that achievement data are made

20 available on a timely basis following official report21 ing, in a manner that facilitates further analysis.

22 (2)(A) The Commissioner, in carrying out the Na23 tional Assessment, may conduct State assessments of stu24 dent achievement in grades 4, 8, and 12.
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1 (B) States wishing to participate in State assess2 ments shall enter into an agreement with the Secretary

3 pursuant to subsection (d)(2). Such agreement shall con4 tain information sufficient to give States full information

5 about the process for consensus decisionmaking on objec6 tives to be tested, required in section 12(e)(5), and of the

7 standards for sampling, test administration, test security,

8 data collection, validation, and reporting.

9 (C) A participating State shall review and give per10 mission for the release of results from any test of its stu11 dents administered as a part of a State assessment prior

12 to the release of such data. Refusal by a State to release

13 its data shall not restrict the release of data from other

14 States that have approved the release of such data.

15 (3) In carrying out the National Assessment, the

16 Commissioner shall not collect any data that are not di17 rectly related to the appraisal of educational performance,

18 achievement, and traditional demographic reporting vari19 ables, or to the fair and accurate presentation of such

20 information.

21 (4) In carrying out the National Assessment, the

22 Commissioner may provide technical assistance to States,

23 localities, and other parties.
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1 (c) ACCESS.—(1) Except as provided in paragraph

2 (2), the public shall have access to all data, questions, and

3 test instruments of the National Assessment.

4 (2)(A) The Commissioner shall ensure that all per5 sonally identifiable information about students, their edu6 cational performance, and their families, and that infor7 mation with respect to individual schools, remains con8 fidential, in accordance with section 552a of title 5, United

9 States Code.

10 (B) Notwithstanding any other provision of law, the

11 Secretary may decline to make available to the public for

12 a period, not to exceed 10 years following their initial use,

13 cognitive questions that the Secretary intends to reuse in

14 the future.

15 (C) The Secretary may, upon the request of a State

16 educational agency or a local educational agency, make

17 National Assessment test instruments available for assess18 ing aggregate student achievement at the school or district

19 level. Before receiving such instruments, an agency shall

20 provide assurances, satisfactory to the Secretary, that se21 curity requirements and testing protocols, prescribed by

22 the Commissioner, will be complied with in the use of such

23 instruments.
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1 (d) PARTICIPATION.—(1) Participation in the na2 tional and regional assessments by State and local edu3 cational agencies shall be voluntary.

4 (2) Participation in assessments made on a State

5 basis shall be voluntary. The Secretary shall enter into an

6 agreement with any State that desires to carry out an as7 sessment for the State under this subsection. Each such

8 agreement shall contain provisions designed to ensure that

9 the State will—

10 (A) participate in the assessment; and

11 (B) pay from non-Federal sources the non-Fed12 eral share of participation.

13 (3)(A) For each fiscal year, the non-Federal share

14 for the purpose of paragraph (2)(B) shall be—

15 (i) the cost of conducting the assessment at the

16 school level for all public schools in the State sam17 ple;

18 (ii) the cost of coordination within the State;

19 and

20 (iii) other reasonable costs specified by the Sec21 retary in the agreement described in paragraph (2).

22 (B) The non-Federal share of payments under this

23 paragraph may be in cash or in kind, fairly valued.

24 (C) The agreement described in paragraph (2) shall

25 describe the manner in which the costs of administering
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1 the assessment to private non-profit schools included in

2 the State sample may be met.

3 (e) REVIEW OF NATIONAL AND STATE ASSESS4 MENTS.—The Secretary shall provide for continuing re5 views of both national and State assessments, including

6 evaluation studies by the Center and solicitation of public

7 comment on the conduct and usefulness of the National

8 Assessment. The Secretary shall report to the Congress,

9 the President, and the Nation on the findings and rec10 ommendations of such reviews. The Commissioner shall

11 consider the findings and recommendations in designing

12 the competition to select the organization, or organiza13 tions, through which the Office carries out the National

14 Assessment.

15 (f) COVERAGE AGREEMENTS.—(1) The Secretary

16 and the Secretary of Defense may enter into an agree17 ment, including such terms as are mutually satisfactory,

18 to include in the National Assessment elementary and sec19 ondary schools operated by the Department of Defense.

20 (2) The Secretary and the Secretary of the Interior

21 may enter into an agreement, including such terms as are

22 mutually satisfactory, to include in the National Assess23 ment schools for Indian children operated or supported by

24 the Bureau of Indian Affairs.
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1 NATIONAL ASSESSMENT GOVERNING BOARD

2 SEC. 12. (a) ESTABLISHMENT.—There is established

3 the National Assessment Governing Board (the ‘‘Board’’),

4 which shall formulate policy guidelines for the National

5 Assessment.

6 (b) MEMBERSHIP.—(1) The Board shall be appointed

7 by the Secretary and be composed of—

8 (A) two Governors, or former Governors, who

9 shall not be members of the same political party;

10 (B) two State legislators, who shall not be

11 members of the same political party;

12 (C) two chief State school officers;

13 (D) one superintendent of a local educational

14 agency;

15 (E) one member of a State board of education;

16 (F) one member of a local board of education;

17 (G) three classroom teachers representing the

18 grade levels at which the National Assessment is

19 conducted;

20 (H) one representative of business or industry;

21 (I) two curriculum specialists;

22 (J) three testing and measurement experts, who

23 shall have training and experience in the field of

24 testing and measurement;
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1 (K) one nonpublic school administrator or pol2 icymaker;

3 (L) two school principals, one elementary and

4 one secondary; and

5 (M) four additional members who are represent6 atives of the general public, including parents.

7 (2) The Assistant Secretary for Educational Re8 search and Improvement shall serve as an ex officio,

9 nonvoting member of the Board.

10 (3) The Secretary and the Board shall ensure at all

11 times that the membership of the Board reflects regional,

12 racial, gender, and cultural balance and diversity and that

13 it exercises its independent judgment, free from inappro14 priate influences and special interests.

15 (c) TERMS.—Members of the Board shall serve for

16 terms not to exceed four years which shall be staggered,

17 as determined by the Secretary. Any appointed member

18 of the Board who changes status under subsection (b) dur19 ing the term of the appointment of the member may con20 tinue to serve as a member until the expiration of such

21 term.

22 (d) VACANCIES.—As vacancies occur, new members

23 of the Board shall be appointed by the Secretary from

24 among individuals who are nominated by the Board after

25 consultation with representatives of the groups listed in
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1 subsection (b)(1). For each vacancy, the Board shall nomi2 nate at least three individuals who, by reason of experience

3 or training, are qualified in that particular Board vacancy.

4 (e) DUTIES.—(1) In carrying out its functions under

5 this section the Board shall—

6 (A) select subject areas to be assessed (consist7 ent with section 11(b)(1));

8 (B) identify appropriate achievement goals for

9 each age and grade in each subject area to be tested

10 under the National Assessment;

11 (C) develop assessment objectives;

12 (D) develop test specifications;

13 (E) design the methodology of the assessment;

14 (F) develop guidelines for analysis plans and

15 for reporting and disseminating results;

16 (G) develop standards and procedures for inter17 state, regional, and national comparisons; and

18 (H) take appropriate actions needed to improve

19 the form and use of the National Assessment.

20 (2) The Board may delegate any of its procedural and

21 administrative functions to its staff.

22 (3) The Board shall have final authority on the ap23 propriateness of cognitive items.
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1 (4) The Board shall take steps to ensure that all

2 items selected for use in the National Assessment are free

3 from racial, cultural, gender, or regional bias.

4 (5) Each learning area assessment shall have goal

5 statements devised through a national consensus ap6 proach, providing for active participation of teachers, cur7 riculum specialists, local school administrators, parents,

8 and concerned members of the general public.

9 (f) PERSONNEL.—(1) In the exercise of its respon10 sibilities, the Board shall be independent of the Secretary

11 and the other offices and officers of the Department of

12 Education.

13 (2) The Secretary may appoint, at the direction of

14 the Board, such staff as the Board requires. Such appoint15 ments may include, for terms not to exceed three years,

16 without regard to the provisions of title 5, United States

17 Code, governing appointments in the competitive service,

18 not more than six technical employees to administer this

19 subsection, who may be paid without regard to the provi20 sions of chapter 51 and subchapter III of chapter 53 of

21 such title relating to classification and General Schedule

22 pay rates.

23 (g) COMMISSIONER REPORTS.—The Commissioner

24 shall report to the Board at regular intervals on the De-
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1 partment’s actions to implement the decisions of the

2 Board.

3 (h) ADMINISTRATION.—(1) Not to exceed ten percent

4 of the funds available for the National Assessment for any

5 fiscal year may be used for administrative expenses (in6 cluding staff, consultants, and contracts) and to carry out

7 the Board’s functions described in subsection (e).

8 (2) For the purposes of its administrative functions,

9 the Board shall have the authorities authorized by the

10 Federal Advisory Committee Act and shall be subject to

11 the open meeting provisions of that law.

12 AUTHORIZATIONS OF APPROPRIATIONS

13 SEC. 13. There are authorized to be appropriated

14 such sums as may be necessary for each of the fiscal years

15 1995 through 1999 to carry out this Act.

16 REPEAL

17 SEC. 14. Section 406 of the General Education Provi18 sions Act (20 U.S.C. 1221e–1) is repealed.

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