I
106TH CONGRESS
2D SESSION
H. R. 4994
To reauthorize and improve the educational research and statistical programs
of the Department of Education, including the National Institute for
Education Research, the National Center for Education Statistics, the
National Assessment of Educational Progress, the National Assessment
Governing Board, and America’s Tests in Reading and Mathematics,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. KILDEE (by request): introduced the following bill; which was referred to
the Committee on Education and the Workforce
A BILL
To reauthorize and improve the educational research and
statistical programs of the Department of Education,
including the National Institute for Education Research,
the National Center for Education Statistics, the Na-
tional Assessment of Educational Progress, the National
Assessment Governing Board, and America’s Tests in
Reading and Mathematics, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Education
Research and Statistics Act of 2000’’.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
TITLE I—NATIONAL EDUCATION
RESEARCH ACT
TITLE II—NATIONAL EDUCATION
STATISTICS ACT
TITLE III—AMENDMENTS TO
OTHER ACTS.
SEC. 3. EFFECTIVE DATE: TRANSITION.
(a) EFFECTIVE DATE.—This Act shall take effect on
October 1, 2000.
(b) TRANSITION.—The Secretary shall take such ac-
tions as the Secretary determines to be appropriate to pro-
vide for a smooth transition for programs and activities
authorized under the National Education Statistics Act of
1994 to programs and activities under this Act.
TITLE I—NATIONAL EDUCATION
RESEARCH ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Education
Research Act’’.
SEC. 102. FINDINGS; DECLARATION OF POLICY; PURPOSE.
(a) FINDINGS.—The Congress finds as follows:
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(1) All students can learn challenging content
and achieve to high academic standards.
(2) Policymakers, parents, and the public ex-
pect schools to be accountable for helping all stu-
dents reach high academic standards, so that they
have the knowledge and skills necessary for good
citizenship and success in our increasingly competi-
tive world.
(3) The American education system is faced
with many challenges in helping every student reach
or exceed high academic standards.
(4) In recent years, nearly all groups of stu-
dents have made gains on the National Assessment
of 
Educational 
Progress. 
However, 
significant
achievement gaps persist between students in high-
poverty and low-poverty schools, and between white
and non-white students, in basic areas such as read-
ing and mathematics.
(5) High-quality research and development are
necessary to help educators and policymakers build
more effective policies and practices.
(6) There is a long history of education re-
search being used to improve teaching and learning,
such as research on effective schools, how people
learn to read and solve mathematical problems, as-
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sessment, and standards-based reform, but much
more knowledge from research is needed to address
current challenges.
(7) Less than 0.2 percent of our Nation’s ex-
penditures for elementary and secondary education
is invested in research and development to determine
which educational techniques work and to find ways
to improve them.
(8) Investments in education research have
been spread too thinly to meaningfully affect the
work of many educators in the field.
(9) Research investments must be focused so
that knowledge about how to address enduring edu-
cation problems cumulates in a useful form.
(10) New methods and field-based strategies in
education research are needed to promote the forma-
tion of partnerships between researchers and practi-
tioners to support the experimentation and the ap-
plication of knowledge needed to solve education
problems.
(11) Better coordination of research activities
and synthesis of research findings and results are
needed to maximize the impact of education research
conducted throughout the Department and by other
Federal agencies.
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(b) DECLARATION OF POLICY.—(1) The Congress
hereby declares it to be the policy of the United States
to provide every person an equal opportunity to receive
an education of high quality regardless of his or her race,
color, religion, sex, age, disability, national origin, sexual
orientation, or economic condition. Although the American
education system has pursued this objective, it has not yet
attained it, and inequalities of opportunity to receive high-
quality education remain pronounced. Achieving this ob-
jective will require far more dependable knowledge about
the processes of learning and education than now exists,
or can be expected from present research and experimen-
tation in this field. While the direction of the education
system remains primarily the responsibility of State and
local governments, the Federal government has a clear re-
sponsibility to provide leadership in the conduct and sup-
port of scientific inquiry into the educational process.
(2) The Congress further declares it to be the policy
of the United States to—
(A) help to solve the problems of American edu-
cation and to promote sustained improvement of ele-
mentary and secondary, postsecondary, and adult
education;
(B) advance the practice of education as an art,
science, and profession;
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(C) strengthen the scientific and technological
foundations of education; and
(D) build an effective education research and
development system.
(c) PURPOSE.—The purposes of this title are to—
(1) respond to the need and growing demand of
both educators and the general public for depend-
able, relevant, research- and theory-based knowledge
and information to improve education and student
achievement;
(2) create a permanent and stable authority for
building a strong knowledge base to improve edu-
cation through Federal support of education re-
search;
(3) focus federally supported education research
on solving problems faced by State and local edu-
cators, particularly those problems related to im-
proving the achievement of students at risk of edu-
cational failure;
(4) promote the effective use of resources for
education research by concentrating those resources
on a limited number of priorities in order to ensure
the cumulation and organization of useful knowl-
edge;
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(5) ensure rigor and high quality in federally
supported education research;
(6) promote the use of new, effective, and ap-
propriate strategies and methods in the conduct of
education research;
(7) provide for expert guidance and assistance
in planning, managing, and evaluating federally sup-
ported education research;
(8) enhance the national capacity to conduct
high-quality education research that fosters and sup-
ports improvement in education practice and policy;
(9) promote new partnerships among research-
ers and practitioners to solve education problems;
and
(10) ensure that knowledge from research is
widely disseminated to educators and policymakers
at the national, State, and local level, as well as to
the general public, and incorporated into federally
supported technical assistance efforts.
PART A—NATIONAL INSTITUTE FOR EDUCATION
RESEARCH
SEC. 111. (a) MISSION.—It shall be the mission of
the National Institute for Education Research (hereinafter
in this title referred to as ‘‘the Institute’’) to promote ex-
cellence and equity in education by providing national
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leadership for high-quality research and development re-
lated to education. In pursuing its mission, the Institute
shall strive to help the American education system, from
preschool through postsecondary and adult education,
learn how to enable all students to meet or exceed chal-
lenging academic standards and master the skills they will
need to lead satisfying and productive lives, while func-
tioning effectively in our democracy and modern economy.
(b) AUTHORITY.—The Institute established under
section 208 of the Department of Education Organization
Act shall have only the authority provided by part B of
this title, except that the Secretary of Education may as-
sign the Institute responsibility for administering other
programs and activities of the Department, if the National
Education Research Board established by section 112
agrees that those programs and activities are consistent
with the Institute’s mission and will contribute to the de-
velopment of knowledge or strategies for improving edu-
cation.
(c) PRIORITIES.—(1) The Institute shall, in accord-
ance with this title, seek to improve education in the
United States by concentrating the resources of the Insti-
tute on the following education research and development
needs:
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(A) Improving the teaching and learning of
reading, writing, mathematics, and other academic
subjects for students from a broad diversity of back-
grounds, particularly those children most at risk of
educational failure, from early childhood through
postsecondary and adult education.
(B) Improving the ability of schools, school dis-
tricts, and States to implement reforms and sustain
improvement efforts successfully, such as State
standards-based reforms, school choice, and reforms
to improve the quality of teaching and the safety of
the educational environment.
(C) Using new knowledge from research from a
variety of disciplines, such as research on the devel-
opment of the brain, use of advanced information
technologies, building effective organizations, and
understanding how to motivate and engage students
in their studies, to design effective education strate-
gies, practices, and policies.
(2) The Director of the Institute, appointed under
subsection (d), shall establish, with the approval of the
National Education Research Board, a limited number of
specific, long-term priorities to focus and guide the Insti-
tute’s programs of research.
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(3) The Director shall make an award to an applicant
to address specific priorities under paragraph (2) only if
the Director determines that the applicant’s choice of re-
search methods and strategies is appropriate and effective.
Such methods may include small- or large-scale experi-
ments and longitudinal studies.
(4) The Director shall make the priorities under this
section available to the public on the World Wide Web,
along with the Institute’s plan for addressing those prior-
ities. The Director shall annually update the plan as new
work is initiated and findings or results from prior and
ongoing work become available.
(d) DIRECTOR OF THE INSTITUTE.—The Director of
the Institute shall be appointed in accordance with section
202(b)(4) of the Department of Education Organization
Act, as redesignated by section 301(a)(1)(A) of this Act,
for a six-year term beginning July 1, 2001. The Director
shall report to the Secretary and shall, consistent with this
title, implement such policies as the National Education
Research Board may prescribe, subject to the supervision
of the Secretary.
(e) SENIOR SCIENTIST.—The Director shall appoint
a Senior Scientist to serve as the senior research expert
in the Institute to advise the Director and staff of the
Institute on—
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(1) scientific and technical standards to govern
the activities of the Institute and the research it
supports;
(2) the planning and design of programs of re-
search to be supported by the Institute;
(3) the quality and rigor of research supported
by the Institute; and
(4) other matters related to ensuring high qual-
ity in the activities of the Institute.
(f) APPOINTMENT OF EMPLOYEES.—(1)(A) The Di-
rector may appoint, for limited terms, or on a temporary
basis, without regard to provisions of title 5 of the United
States Code governing appointments in the competitive
service and may compensate, without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule
pay rates, such research specialists (such as social sci-
entists, economists, psychologists, sociologists, operations
researchers, mathematicians, statisticians, computer sci-
entists, and education researchers) of the Institute as he
or she considers necessary to accomplish its functions.
Such appointments may not exceed 60 employees of the
Institute.
(B) The Institute may pay travel and transportation
expenses for persons appointed under subparagraph (A)
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to the extent permitted under section 14(a)(3) of the Na-
tional Science Foundation Act of 1950 (42 U.S.C.
1873(a)(3)).
(2) In order to strengthen the national capacity to
carry out high-quality research related to education, the
Director may establish and maintain research fellowship
in the Institute, with such stipends and allowances, includ-
ing travel and subsistence expenses, as the Director may
determine necessary to obtain the assistance of highly
qualified research fellows from the United States and
abroad.
(g) STANDARDS AND PEER REVIEW.—(1) The Insti-
tute shall maintain published standards (including publi-
cation on the World Wide Web) to ensure high quality in
its work, which shall include, at a minimum, standards
for evaluating—
(A) proposals for research and development ac-
tivities;
(B) ongoing research and development activities
conducted or supported by the Institute, including
the synthesis of findings and results;
(C) practices, programs, and products for des-
ignation as exemplary or promising; and
(D) reports, publications, and other products.
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(2) The Institute shall develop peer-review procedures
to govern all major aspects of its work and operations.
At a minimum, peer review shall be used to evaluate—
(A) proposals for funding;
(B) the performance of grantees and contrac-
tors;
(C) programs, practices, and products for des-
ignation as promising or exemplary; and
(D) reports and publications.
(3) All published standards and peer-review proce-
dures shall be approved by the National Education Re-
search Board prior to use.
SEC. 112. NATIONAL RESEARCH BOARD.
(a) IN GENERAL.—(1) The National Education Re-
search Board (hereinafter referred to as ‘‘the Board’’)
shall consist of 15 members appointed by the President,
by and with the advice and consent of the Senate. In addi-
tion, the Board shall include such other ex officio members
who are officers of the United States as the President may
designate, including the Director of the Institute and the
Commissioner of the National Center for Education Sta-
tistics, but such members shall not have a vote on the
Board. A majority of the appointed members of the Board
shall constitute a quorum. A voting member of the Board
shall be considered a special government employee. The
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Chairman of the Board shall be appointed by the Presi-
dent.
(2) In appointing members of the Board, the Presi-
dent shall—
(A) ensure that the Board is broadly represent-
ative of the general public, including the business
community and education professions, and includes
practitioners and researchers from various dis-
ciplines and the various fields of education (includ-
ing preschool, elementary and secondary, postsec-
ondary, and adult education);
(B) ensure that Board members are chosen to
bring their independent, professional judgment to
bear on issues of national interest rather than to
represent the interests of organizations and associa-
tions; and
(C) give due regard to equitable representation
of women and minorities and to recommendations
for nominations that may be submitted by the Na-
tional Academy of Sciences and the National Acad-
emy of Education.
(b) TERM OF OFFICE.—(1) Except as provided in
paragraphs (2) and (3), members (other than ex officio
members) shall be appointed to a term of six years. The
term of office of each member shall expire on September
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30th of the year in which that term would otherwise ex-
pire, unless a successor to that member has not been ap-
pointed and confirmed by the Senate, in which case the
member shall continue to serve until a successor has been
appointed and confirmed.
(2) Any member appointed to fill a vacancy occurring
before the expiration of the term for which the predecessor
was appointed shall be appointed only for the remainder
of such term. A member may serve after the expiration
of a term until a successor has taken office.
(3) Of the members first appointed—
(A) five shall be appointed for terms of two
years;
(B) five shall be appointed for terms of four
years; and
(C) five shall be appointed for terms of six
years.
(4) An appointed member who has been a member
of the Board for six consecutive years shall be ineligible
for appointment to the Board during the two-year period
following the expiration of the sixth year.
(c) DUTIES.—The Board shall—
(1) establish policy guidelines for the Institute;
(2) consider and approve priorities and stand-
ards to guide and govern the work of the Institute;
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(3) review and approve peer-review procedures
adopted by the Institute;
(4) advise the Director of the Institute on the
development of activities to be supported by the In-
stitute;
(5) present to the Director such recommenda-
tions as it may find appropriate for—
(A) the strengthening of education re-
search;
(B) the improvement of methods of
collecting and disseminating the findings of
education research; and
(C) promoting the implementation of edu-
cation reform based on the findings of edu-
cation research;
(6) submit, no later that March 31 of each
year, a report to the President and the Congress on
the activities, management, and performance of the
Institute and on education and education research in
general, which shall include such recommendations
and comments as the Board may find appropriate;
and
(7) meet at the call of the Chairman, except
that it shall meet at least twice each fiscal year, or
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whenever one-third of the members request in writ-
ing that a meeting be held.
(d) BOARD STAFF.—The Director may, after con-
sultation with the Chairman of the Board, appoint a staff
consisting of not more than three professional staff mem-
bers and such clerical staff as may be necessary.
(e) BOARD MEETINGS.—Portions of Board meetings
in which the Board considers proposed Institute budgets
for a particular fiscal year may be closed to the public
until the President’s budget for that fiscal year has been
submitted to the Congress.
SEC. 113. EXPERT GUIDANCE AND ASSISTANCE.
(a) STUDY PANELS.—The Director shall establish
one or more panels of experts to provide ongoing advice
to the Institute in its planning, management, and evalua-
tion of major programs of research and development.
These panels shall include researchers from relevant dis-
ciplines who have strong theoretical and methodological
backgrounds, and may include, as appropriate, policy-
makers and expert practitioners who have special insight
into the conduct of education research. The researchers,
policymakers, and practitioners who comprise these panels
shall include persons with expertise in the teaching and
learning of students at risk of educational failure, includ-
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ing students with disabilities and students with limited
proficiency in English.
(b) PANEL RESPONSIBILITIES.—Responsibilities of
the study panels shall include one or more of the following:
(1) Providing advice on the planning and design
of coherent programs of research and development
to address particular problems and Institute prior-
ities.
(2) Evaluating and providing advice on the rela-
tionships between research and development pro-
posals and the Institute’s priorities and objectives.
(3) Providing advice regarding ongoing pro-
grams.
(4) Evaluating ongoing programs on a periodic
basis.
(5) Reviewing research findings and syntheses.
(c) DIRECTOR’S RESPONSIBILITIES.—(1) Study pan-
els shall report to the Director.
(2) The Director shall report periodically to the Na-
tional Education Research Board regarding the activities,
assessments, and recommendations of the study panels.
SEC. 114. ADMINISTRATIVE PROVISIONS.
(a) RULEMAKING.—The exemption for public prop-
erty, loans, grants, and benefits in section 553(a)(2) of
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title 5, United States Code, shall apply to regulations pro-
mulgated by the Institute.
(b) AUTHORITY TO PUBLISH.—(1) The Institute
may prepare and publish such research-based information
and research reports as needed to aid in carrying out its
mission without further clearance or approval by other of-
fices of the Department, except that the Director shall
provide such offices the opportunity to comment on re-
ports relevant to their areas of responsibility.
(2) All such information and reports shall—
(A) be subjected to rigorous peer review prior
to being published or otherwise made available by
the Institute; and
(B) include the names of its peer reviewers.
(c) INDEPENDENT
EVALUATION.—At least once
every five years, the Director shall enter into one or more
contracts for the conduct of an independent evaluation of
the activities of the Institute. This evaluation shall include
an analysis of the performance indicators and performance
plan of the Institute, as required by the Government Per-
formance and Results Act of 1993.
(d) COORDINATION.—The Director and the Commis-
sioner of Education Statistics shall work together to co-
ordinate the activities of the National Institute for Edu-
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cation Research and the National Center for Education
Statistics.
(e) 
AUTHORIZATION
OF
APPROPRIATIONS.—(1)
There are authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out this title,
including necessary salaries and expenses.
(2) Not more than $2,000,000 of the appropriation
under paragraph (1) for any fiscal year shall be used to
support the National Education Research Board.
(3) Funds appropriated to carry out this title shall
remain available for obligation for two fiscal years.
PART B—ACTIVITIES OF THE INSTITUTE
SEC. 121. (a) AUTHORIZED ACTIVITIES.—The Na-
tional Institute for Education Research is authorized to—
(1) conduct and support high-quality research
activities, including small- and large-scale experi-
ments, longitudinal studies, controlled demonstra-
tions to test promising practices in a variety of edu-
cational settings, design and development activities,
evaluations, and research syntheses;
(2) synthesize and disseminate the findings and
results of education research conducted or supported
by the Institute;
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(3) promote the application of knowledge gained
from research in schools, other educational agencies
and institutions, homes, and communities;
(4) identify and disseminate information about
promising and effective educational practices, pro-
grams, and products for which there is clear evi-
dence of effectiveness;
(5) strengthen the national capacity to conduct
innovative and rigorous research by supporting
training for education researchers from a wide vari-
ety of scientific disciplines;
(6) promote the coordination of education re-
search and related activities within the Department
of Education and the Federal Government, and with
education research conducted outside the Federal
Government, as well as otherwise assisting and fos-
tering education research;
(7) design and use new methods and strategies
to conduct research and development activities that
improve education; and
(8) carry out and support activities that meet
the mission of the Institute and the purposes of this
title.
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(b) IMPLEMENTATION.—The Institute may carry out
the activities authorized in subsection (a) directly or
through grants, contracts, and cooperative agreements.
SEC. 122. NATIONAL RESEARCH AND DEVELOPMENT CEN-
TERS.
(a) IN GENERAL.—In carrying out its mission, the
Institute shall support not more than 10 national research
and development centers to carry out coherent, sustained,
long-term research to advance theory and practice related
to core issues and concerns within their particular mission
areas. Each center shall have a mission area that is di-
rectly related to the specific priorities of the Institute es-
tablished under section 111(c)(2), and shall serve as a
source of expert knowledge about its particular mission
area.
(b) AWARDS.—(1) The Institute shall make awards
under this section to institutions of higher education or
nonprofit research organizations on a competitive basis for
five years and may renew these awards for one additional
5-year period, based on its satisfactory performance (as
determined by the Institute in accordance with subsection
(c)) and continuing relevance of its research to an estab-
lished priority of the Institute.
(2) Awards under this section shall be of sufficient
size and scope to support the range of research, develop-
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ment, and dissemination activities appropriate to the par-
ticular mission areas of the centers.
(c) REVIEW AND PROGRESS.—(1) Prior to making an
award, the Institute and the center shall agree on specific
objectives and measurable indicators that shall be used to
assess the progress and performance of the center.
(2) The Institute shall provide for peer review of the
performance of research and development centers at least
three times during the 5-year period of their awards.
SEC. 123. FIELD-INITIATED EDUCATION RESEARCH.
(a) PRIORITIES.—(1) In carrying out the activities
under section 121(a), the Institute shall support field-ini-
tiated studies that address the priority research and devel-
opment needs set forth in section 111(c)(1).
(2) The Director, with the approval of the Board,
may require field-initiated studies to address the specific
priorities of the Institute established under section
111(c)(2).
(b) UNSOLICITED
APPLICATIONS.—The Institute
may fund applications submitted in response to an an-
nouncement or unsolicited applications.
SEC. 124. REGIONAL EDUCATIONAL LABORATORIES.
(a) IN GENERAL.—(1) The Institute shall support
not more than 10 regional educational laboratories to con-
duct applied research, develop strategies, programs, and
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materials, and provide technical assistance in response to
the specific needs of schools, districts, and State edu-
cational agencies related to helping all students meet high
academic standards.
(2) Laboratories under this section shall ensure that
the products and services they provide help schools, dis-
tricts, and State educational agencies take advantage of
the latest and best research and proven practices in car-
rying out their school improvement efforts.
(3) A laboratory under this section shall be a public
or private nonprofit organization or institution.
(b) AWARDS.—(1) The Institute shall make 5-year
awards under this section on a competitive basis.
(2) Prior to making an award, the Institute and the
laboratory shall agree on specific objectives and measur-
able indicators to be used to assess the progress and per-
formance of the laboratory, and the laboratory shall agree
to issue annual public reports measuring its progress
against these objectives and indicators.
(c) GOVERNING BOARD.—(1) Each laboratory under
this section shall have a governing board that reflects a
balanced representation of the States in its region and in-
cludes teachers, researchers, and education policymakers.
(2) The governing board shall determine the agenda
of the laboratory, consistent with any priorities established
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by the Institute, and shall ensure that the work of the
laboratory addresses customer demand and the identified
needs of the schools, local educational agencies, and State
educational agencies within the laboratory’s region.
(d) TECHNICAL ASSISTANCE.—(1) In providing tech-
nical assistance, laboratories under this section shall—
(A) give priority to providing intensive, ongoing
services to high-poverty local educational agencies
and schools that are most in need of raising student
achievement; and
(B) help practitioners to become better con-
sumers of education research by assisting them in
evaluating the quality of research and applying re-
search findings to efforts to address current needs.
(2) Laboratories under this section shall participate
in a technical assistance network with the Department and
its other federally supported technical assistance providers
in order to—
(A) coordinate services and resources;
(B) ensure that the services provided are of
high quality, are cost-effective, and reflect the best
information available from research and practice, in-
cluding findings from the national research and de-
velopment centers under section 122; and
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(C) ensure that services are aligned with State
and local education reform efforts.
(e) PEER REVIEW.—The Institute shall provide for
peer review of—
(1) the performance of each laboratory under
this section at least three times during the 5-year
period of its award; and
(2) the overall effectiveness of the program au-
thorized by this section at least once every 5 years.
SEC. 125. EDUCATIONAL RESOURCES INFORMATION CEN-
TER.
(a) EDUCATIONAL RESOURCES INFORMATION CEN-
TER.—(1) The Institute shall maintain and support a sys-
tem of information clearinghouses that uses the World
Wide Web and other advanced telecommunications tech-
nologies to make high-quality, research-based information
related to education available to teachers, administrators,
policymakers, parents, researchers, students, and the pub-
lic.
(2) Clearinghouses under this section shall partici-
pate in a technical assistance network with the Depart-
ment and its other federally supported technical assistance
providers in order to—
(A) coordinate services and resources;
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(B) ensure that the services provided are cost-
effective and of high quality;
(C) ensure that the services reflect the best in-
formation available from research and practice, in-
cluding findings from national research and develop-
ment centers and regional educational laboratories;
and
(D) ensure that services are aligned with State
and local reform efforts.
(b) PEER REVIEW.—The Institute shall provide for
peer review of—
(1) the performance of each clearinghouse at
least three times during the 5-year period of its
award; and
(2) the effectiveness of the program authorized
by this section at least once every five years.
SEC. 126. NATIONAL LIBRARY OF EDUCATION.
National Library of Education.—The Institute shall
maintain a national library of education to help build the
Nation’s education research infrastructure. The library
shall make information related to education available to
employees of the Department, its contractors and grant-
ees, other Federal agencies and employees, and members
of the public. The Institute shall coordinate the activities
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of the library with other dissemination and technical as-
sistance activities of the Department.
TITLE II—NATIONAL EDUCATION
STATISTICS ACT
SEC. 201. SHORT TITLE.
Section 401 of the Improving America’s Schools Act
of 1994 (20 U.S.C. 9001 et seq.; hereinafter in this title
referred to as the ‘‘Act’’) is amended by—
(1) striking out ‘‘title’’ and inserting in lieu
thereof ‘‘Act’’; and
(2) striking out ‘‘of 1994’’.
SEC. 202. FINDINGS; DEFINITIONS.
Section 402 of the Act is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) by striking out ‘‘within the Office
of Educational Research and Improve-
ment’’; and
(ii) at the end thereof, by striking out
‘‘and’’;
(B) in paragraph (3), by—
(i) striking out ‘‘looking to’’ and in-
serting in lieu thereof ‘‘entering’’; and
(ii) redesignating paragraph (3) as
paragraph (6); and
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(C) by adding new paragraphs (3), (4),
and (5) to read as follows:
‘‘(3) the availability of valid and timely data,
delivered in widely accessible formats, provides pol-
icymakers, educators, parents, and the public nec-
essary information to make decisions based on
school, student, and teacher needs and better sup-
ports the implementation of more effective policies
and practices to improve education opportunities for
all children;
‘‘(4) as schools, districts, States, and the De-
partment continue to move to performance-based
systems, where accountability and improvement ef-
forts are driven by student and school outcomes,
comprehensive and accurate information and data on
such outcomes become increasingly important;
‘‘(5) recent technological advances permit more
efficient and effective strategies for the collection,
analysis, 
reporting 
and 
dissemination, 
and
warehousing of data, thereby enhancing the timeli-
ness and usability of the data; and’’; and
(2) in subsection (c)—
(A) by striking out paragraph (1); and
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(B) 
by 
redesignating 
paragraphs 
(2)
through (7) as paragraphs (1) through (6), re-
spectively.
SEC. 203. NATIONAL CENTER FOR EDUCATION STATISTICS.
Section 403 of the Act is amended—
(1) in subsection (a), by striking out ‘‘the Of-
fice of Educational Research and Improvement es-
tablished under section 208 of the Department of
Education Organization Act’’ and inserting in lieu
thereof ‘‘the Department of Education’’;
(2) in subsection (b)—
(A) by amending the subsection heading to
read as follows: ‘‘COMMISSIONER, DEPUTY
COMMISSIONER, 
AND
ASSOCIATE
COMMIS-
SIONERS.’’;
(B) by amending paragraph (1)(C) to read
as follows:
‘‘(C) serve a term of four years, with the
terms to expire every fourth July 1st, beginning
in 2003.’’; and
(C) by amending paragraph (2) to read as
follows:
‘‘(2) DEPUTY COMMISSIONER AND ASSOCIATE
COMMISSIONERS.—The Commissioner may appoint a
Deputy Commissioner and such Associate Commis-
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sioners as the Commissioner determines are nec-
essary and appropriate.’’;
(3) by redesignating subsection (b) as sub-
section (c);
(4) by adding a new subsection (b) to read as
follows:
‘‘(b) PRINCIPLES OF THE CENTER’S MISSION.—The
Commissioner shall ensure that the Center—
‘‘(1) collects and analyzes education informa-
tion and statistics under this Act in a manner that
meets the highest methodological standards;
‘‘(2) reports education information and statis-
tics under this Act in a timely manner; and
‘‘(3) collects, analyzes, and reports education
information and statistics under this Act in a man-
ner that—
‘‘(A) is objective and free of partisan influ-
ence; and
‘‘(B) is relevant and useful to practi-
tioners, researchers, policymakers, and the pub-
lic.’’; and
(5) by adding at the end thereof a new sub-
section (d) to read as follows:
‘‘(d) APPOINTMENT OF EMPLOYEES.—
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‘‘(1) IN GENERAL.—The Commissioner may ap-
point, for terms not to exceed three years (without
regard to the provisions of title 5, United States
Code, governing appointment in the competitive
service) such statistical experts (such as statisti-
cians, mathematical statisticians, economists, mathe-
maticians, computer specialists, social scientists, and
sociologists) of the Center as the Commissioner con-
siders necessary to accomplish the Center’s mission,
provided that—
‘‘(A) prior to the appointment of any such
employee, public notice is given of the avail-
ability of such position and an opportunity is
provided for qualified individuals to apply and
compete for such position;
‘‘(B) the appointment of such employee is
necessary to provide the Center with scientific
or technical expertise that could not otherwise
be obtained by the Center through the competi-
tive service; and
‘‘(C) the total number of such employees
does not exceed 10 percent of the number of
full-time, regular scientific or professional em-
ployees of the Center.
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‘‘(2) REAPPOINTMENT
OF
EMPLOYEES.—The
Commissioner may reappoint employees described in
paragraph (1) upon presentation of a clear and con-
vincing justification of need, for one additional term
not to exceed 3 years. All such employees shall work
on activities of the Center and shall not be reas-
signed to other duties outside the Center during
their term.’’.
SEC. 204. DUTIES OF THE CENTER.
Section 404 of the Act is amended—
(1) in subsection (a)(1), in the matter before
subparagraph (A), by striking out ‘‘and postsec-
ondary’’ and inserting in lieu thereof ‘‘postsec-
ondary, and adult’’;
(2) by redesignating subsection (b) as sub-
section (c); and
(3) by inserting a new subsection (b) to read as
follows:
‘‘(b) PERFORMANCE MANAGEMENT.—The Commis-
sioner shall make customer service a priority and shall en-
sure a high level of customer satisfaction through—
‘‘(1) establishing and improving feedback mech-
anisms in order to anticipate customer needs;
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‘‘(2) disseminating information in formats that
are easily accessible and usable by researchers, prac-
titioners, 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 collec-
tion and timely distribution of information, including
data and reports;
‘‘(4) establishing, and measuring the Center’s
performance against, a set of indicators for the qual-
ity of data collected, analyzed, and reported by the
center; and
‘‘(5) continuously improving the management
strategies and practices of the Center.’’.
SEC. 205. PERFORMANCE OF DUTIES.
Section 405(b) of the Act is amended—
(1) by redesignating paragraphs (1) through
(4) as paragraphs (2) through (5), respectively;
(2) by inserting a new paragraph (1) to read as
follows:
‘‘(1) AUTHORITY
OVER
IMPLEMENTATION
OF
DATA COLLECTION.—The Commissioner shall have
final authority within the Department over decisions
regarding the implementation of data collection ac-
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tivities, including the appropriateness of specific col-
lection methodologies, consistent with sections 121
and 131.’’; and
(3) in paragraph (3)(A), as redesignated, by in-
serting ‘‘(including information collected by States
and local educational agencies for their own use)’’
before the semicolon at the end thereof.
SEC. 206. REPORTS.
Section 406 of the Act is amended—
(1) in subsection (a), by striking out ‘‘1995’’
and inserting in lieu thereof ‘‘2001’’; and
(2) by adding at the end thereof a new sub-
section (d) to read as follows:
‘‘(d) PROCEDURES FOR ISSUANCE OF REPORTS.—(1)
The Commissioner shall establish procedures to ensure
that the reports issued under this section are relevant, of
high quality, useful to customers, and subject to rigorous
peer review.
‘‘(2) The Commissioner—
‘‘(A) shall afford the appropriate offices of the
Department an opportunity to review and comment
on reports under this section before their publica-
tion, whenever they relate to matters for which those
offices have responsibility; and
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‘‘(B) after such review and comment, may pub-
lish those reports without further clearance or ap-
proval by other offices of the Department.’’.
SEC. 207. ADVISORY COUNCIL ON EDUCATION STATISTICS.
Section 407(b) of the Act is amended by—
(1) amending paragraph (1)(D) to read as fol-
lows:
‘‘(D) the Commissioner and the Director of
the National Institute of Education Research,
as nonvoting, ex officio members.’’; and
(2) by amending paragraph (5) to read as fol-
lows:
‘‘(5) DUTIES OF THE COUNCIL.—The Council
shall—
‘‘(A) review and advise the Commissioner
on—
‘‘(i) general policies for the operation
and activities of the Center;
‘‘(ii) standards to ensure that statis-
tics and other information disseminated by
the Center are of high quality and are not
subject to partisan political influence;
‘‘(iii) standards for peer review;
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‘‘(iv) the development of the data
quality indicators under section 112(b)(4);
and
‘‘(v) the extent to which the data col-
lected and reported by the Center respond
to customer needs;
‘‘(B) annually submit a report to the
President and the Congress on the quality and
usefulness of data collected and reported by the
Center, and on any other issues requiring public
attention; and
‘‘(C) advise the Commissioner on technical
and statistical matters related to the National
Assessment of Educational Progress.’’.
SEC. 208. DISSEMINATION.
Section 409(e)(2) of the Act is amended by inserting
a comma and ‘‘in the most appropriate form (including,
where possible, electronically),’’ after ‘‘access’’.
SEC. 209. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
Section 410 of the Act is amended by—
(1) in subsection (a), by striking out ‘‘data on
elementary and secondary education, postsecondary
education,’’ and inserting in lieu thereof ‘‘data on
early childhood education, elementary and secondary
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education, postsecondary education, adult edu-
cation,’’;
(2) by striking out the subsection (a) designa-
tion and heading; and
(3) by striking out subsection (b).
SEC. 210. REPEAL OF SECTION 413 AND REDESIGNATIONS.
(a) REPEAL.—Section 413 of the Act is repealed.
(b) REDESIGNATIONS.—Sections 411 and 412 of the
Act are redesignated as sections 412 and 413, respec-
tively.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS FOR THE
CENTER.
The Act is amended by inserting after section 410
a new section 411 to read as follows:
‘‘SEC. 411. AUTHORIZATION OF APPROPRIATIONS FOR THE
CENTER.
‘‘There are authorized to be appropriated such sums
as may be necessary for each fiscal year in order to carry
out this title, including the necessary salaries and expenses
for the Center, other than sections 121 and 131.’’.
SEC. 
212. 
NATIONAL 
ASSESSMENT 
OF 
EDUCATIONAL
PROGRESS.
Section 412 of the Act, as redesignated, is
amended—
(1) in subsection (a)—
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(A) by striking out ‘‘with the advice’’ and
inserting in lieu thereof ‘‘under the policy direc-
tion’’; and
(B) by striking out ‘‘section 412’’ and in-
serting in lieu thereof ‘‘section 131’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the third sentence, by inserting
a comma and ‘‘in accordance with an as-
sessment schedule developed by the Na-
tional Assessment Governing Board and a
reporting schedule developed and published
by the Commissioner,’’ after ‘‘Commis-
sioner’’;
(ii) by amending subparagraph (A) to
read as follows:
‘‘(A) for purposes of tracking long-term
national trends, collect and report data on a
periodic basis, but at least every 4 years, for
students at ages 9, 13, and 17 in reading,
mathematics, and science and in grades 4, 8,
and 11 in writing;’’;
(iii) by redesignating subparagraphs
(B) through (D) as subparagraphs (C)
through (E);
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(iv) by adding a new subparagraph
(B) to read as follows:
‘‘(B) for purposes of collecting data on stu-
dent achievement based on current frameworks,
conduct student assessments every year in
grades 4, 8, and 12 in public and private
schools;’’;
(v) at the end of subparagraph (D),
as redesignated, by striking out ‘‘and’’;
(vi) at the end of subparagraph (E),
as redesignated, by striking out the period
and inserting in lieu thereof a semicolon
and ‘‘and’’; and
(vii) by adding a new subparagraph
(F) to read as follows:
‘‘(F) provide assistance to interested
States that wish to benchmark their State as-
sessments to the National Assessment.’’; and
(B) by amending paragraph (2)(A)(ii) to
read as follows:
‘‘(ii) Each State assessment, in each
subject area and at each grade level, shall
be conducted in a manner that will
produce high-quality data that are valid
and reliable.’’;
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(3) in subsection (c)(2)(B)—
(A) by inserting the clause designation
‘‘(i)’’ after the subparagraph designation ‘‘(B)’’;
and
(B) by adding a clause (ii) to read as fol-
lows:
‘‘(ii) Notwithstanding clause (i), the
Commissioner may decline to make avail-
able cognitive items for periods longer than
ten years if the Commissioner determines
that it is necessary to do so in order to
protect the integrity of long-term trend
data.’’;
(4) in subsection (e)—
(A) in paragraph (1), by striking out ‘‘age
and’’; and
(B) in paragraph (2)(A)(ii), by inserting
‘‘independent’’ before ‘‘evaluation’’;
(5) in subsection (f)—
(A) in paragraph (1)(B)(i), by striking out
‘‘developmental’’; and
(B) by amending paragraph (3) to read as
follows:
‘‘(3) USE
OF
FINDINGS
AND
RECOMMENDA-
TIONS.—The Commissioner and the National As-
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sessment Governing Board shall consider the find-
ings and recommendations of such reviews in car-
rying out their duties and responsibilities with re-
spect to the design and implementation of the Na-
tional Assessment.’’; and
(6) by adding at the end thereof a new sub-
section (h) to read as follows:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated such sums as may be necessary for fiscal
year 2001 and for each of the four succeeding fiscal
years.’’.
SEC. 213. NATIONAL ASSESSMENT GOVERNING BOARD.
Section 413 of the Act, as redesignated, is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘within the Department of
Education’’ after ‘‘established’’; and
(B) by striking out ‘‘guidelines’’ and in-
serting in lieu thereof ‘‘direction’’;
(2) by amending subsection (b)(2) to read as
follows:
‘‘(2) EX
OFFICIO
MEMBERS.—The Commis-
sioner and the Director of the National Institute for
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Education Research shall serve as ex officio, non-
voting members of the Board.’’;
(3) in subsection (c)(1), by striking out ‘‘3
years’’ and inserting in lieu thereof ‘‘4 years’’;
(4) in subsection (e)(4), by striking out the pe-
riod at the end and inserting in lieu thereof ‘‘and
that such items will yield valid and reliable informa-
tion about what disadvantaged, limited English pro-
ficient, and disabled students know and can do.’’;
and
(5) by adding a new subsection (i) to read as
follows:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated such sums as may be necessary for fiscal
year 2001 and for each of the four succeeding fiscal
years.’’.
SEC. 214 REDESIGNATION OF TITLE IV OF THE ACT AS THE
NATIONAL EDUCATION STATISTICS ACT; SEC-
TION 
REDESIGNATIONS; 
PART 
HEADINGS;
AND CONFORMING AMENDMENTS.
(a) REDESIGNATION OF TITLE IV.—Title IV of the
Act, as amended by sections 201 through 213 of the Na-
tional Education Research and Statistics Act of 2000, is
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removed from the Act and redesignated and re-enacted as,
the ‘‘National Education Statistics Act’’.
(b) SECTION REDESIGNATIONS.—(1) Sections 401
and 402 of the National Education Statistics Act are re-
designated as sections 101 and 102 of the Act, respec-
tively.
(2) Sections 403 through 411 of the National Edu-
cation Statistics Act are redesignated as sections 111
through 119, respectively.
(3) Section 412 of the National Education Statistics
Act, as redesignated by section 210(b), is further redesig-
nated as section 121.
(4) Section 413 of the National Education Statistics
Act, as redesignated by section 210(b), is further redesig-
nated as section 131.
(c) CONFORMING
AMENDMENTS.—The National
Education Statistics Act is amended—
(1) in section 102(c)(6), as redesignated—
(A) in subparagraph (A), by striking out
‘‘section 411’’ and inserting in lieu thereof
‘‘section 121’’; and
(B) in subparagraph (B), by striking out
‘‘section 411’’ and inserting in lieu thereof
‘‘section 121’’;
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(2) in section 117(e)(1), as redesignated, by
striking out ‘‘section 408’’ and inserting in lieu
thereof ‘‘section 116’’;
(3) in section 121, as redesignated—
(A) in subsection (a)—
(i) by striking out ‘‘section 412’’ and
inserting in lieu thereof ‘‘section 131’’; and
(ii) by striking out ‘‘section 407’’ and
inserting in lieu thereof ‘‘section 115’’; and
(B) in subsection (e)(1), by striking out
‘‘section 412’’ and inserting in lieu thereof
‘‘section 131’’;
(4) in section 131(e), as redesignated—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
out ‘‘section 411(b)(1)’’ and inserting in
lieu thereof ‘‘section 121(b)(1)’’;
(ii) in subparagraph (B), by striking
out ‘‘section 411(e)’’ and inserting in lieu
thereof ‘‘section 121(e)’’; and
(iii) in subparagraph (D), by striking
out ‘‘section 407’’ and inserting in lieu
thereof ‘‘section 115’’; and
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(B) in paragraph (6), by striking out ‘‘sec-
tion 411(e)’’ and inserting in lieu thereof ‘‘sec-
tion 121(e)’’; and
(5) by striking out ‘‘this title’’ wherever it ap-
pears and inserting in lieu thereof ‘‘this Act’’.
(d) PART HEADINGS.—The National Education Sta-
tistics Act is further amended by—
(1) inserting before section 111 the following
part heading: ‘‘PART A—NATIONAL CEN-
TER FOR EDUCATION STATISTICS’’;
(2) inserting before section 121 the following
part heading: ‘‘PART B—NATIONAL AS-
SESSMENT 
OF 
EDUCATIONAL
PROGRESS’’; and
(3) inserting before section 131 the following
part heading: ‘‘PART C—NATIONAL AS-
SESSMENT GOVERNING BOARD’’.
SEC. 215. AMERICA’S TESTS IN READING AND MATHE-
MATICS.
The National Education Statistics Act is further
amended by adding at the end thereof a new part D to
read as follows:
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‘‘PART D—AMERICA’S TESTS IN READING AND
MATHEMATICS
‘‘SEC. 141. FINDINGS; PURPOSE.
‘‘(a) FINDINGS.—The Congress finds as follows:
‘‘(1) The fourth grade is a significant transition
point for students with regard to proficiency in read-
ing. Recent studies have indicated that it is critically
important for all students to be able to read inde-
pendently by the end of the third grade in order to
make satisfactory progress in school and learn to
high standards.
‘‘(2) Likewise, the eighth grade serves as an-
other milestone in the learning cycle of students. It
is critically important that by the end of the seventh
grade all students master analytical problem-solving
as well as the fundamentals of mathematics needed
to understand algebraic and geometric concepts and
applications.
‘‘(3) Significant disparity exists between many
States’ assessments of student performance com-
pared to their students’ performance on the National
Assessment of Educational Progress, indicating a
need for measuring student performance to rigorous
standards.
‘‘(4) Rigorous voluntary national assessments in
reading and mathematics will provide necessary na-
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tional and international benchmarks against which
teachers, administrators, parents, policymakers, and
students can assess learning at key points.
‘‘(5) When shared with students, parents,
teachers, and principals, individual questions and
answers from assessments that are aligned to chal-
lenging content standards can serve as valuable tools
for assessing instructional strengths and developing
effective strategies to improve teaching and learning.
‘‘(6) The results of an assessment based on na-
tional and international benchmarks can provide
schools and communities with a clear picture of stu-
dent performance that can inform better investments
of time, energy, and resources in schools in address-
ing the academic needs of the students.
‘‘(7) A national assessment of reading and
mathematics that is aligned to rigorous standards,
involves teachers, content specialists, principals, par-
ents, and business and community leaders in test de-
velopment, provides immediate reporting of indi-
vidual student scores, allows for release of all test
items and materials, and introduces a new test each
year, can provide parents and teachers with impor-
tant tools to enable them to improve education from
the grassroots level.
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‘‘(b) PURPOSE.—It is the purpose of this part to sup-
port the development of, and make available, valid, vol-
untary national tests in reading, for fourth grade students,
and in mathematics, for eighth grade students, in order
to—
‘‘(1) give parents and teachers, on a timely
basis, the information they need to assess student
achievement and needs in reading and mathematics
for students in elementary and middle schools; and
‘‘(2) assist States and localities in improving
and ensuring high-quality instruction in reading and
mathematics in all elementary and middle schools.
‘‘SEC. 142. AMERICA’S TESTS IN READING AND MATHE-
MATICS.
‘‘(a) IN GENERAL.—From funds available under sub-
section (g), the National Assessment Governing Board
(hereafter in this part referred to as the ‘‘Board’’), estab-
lished under part C of this Act, shall, through one or more
grants, contracts, or cooperative agreements, develop and
make available valid tests that assess the individual per-
formance of fourth-grade students in reading, and eighth-
grade students in mathematics, for voluntary use by
States, local educational agencies, private schools, other
educational entities, and parents.
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‘‘(b) DUTIES OF THE BOARD.—(1) In carrying out
subsection (a), the Board shall develop—
‘‘(A) test objectives and specifications;
‘‘(B) test methodology; and
‘‘(C) guidelines and criteria for—
‘‘(i) test administration (including guide-
lines for the inclusion of, and accommodations
for, students with disabilities and students with
limited English proficiency);
‘‘(ii) compiling and using data from such
tests (including the security of test items);
‘‘(iii) reporting test results (including the
use of appropriate performance levels and the
timely return of test results); and
‘‘(iv) the use of the tests.
‘‘(2) In carrying out its duties under paragraph (1),
the Board shall—
‘‘(A) have final authority over test design and
implementation of the guidelines and criteria under
paragraph (1)(C);
‘‘(B) ensure that all items selected for use in
the tests are free from racial, cultural, or gender
bias;
‘‘(C) ensure that test items adequately assess
student reading and mathematics knowledge and
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skills in the form most likely to yield accurate infor-
mation regarding student achievement in reading
and mathematics;
‘‘(D) ensure that test items and test adminis-
tration appropriately accommodate the needs of dis-
advantaged, limited English proficient, and disabled
students;
‘‘(E) ensure that Spanish-speaking students
with limited English proficiency are assessed using
tests written in Spanish, if Spanish language tests
are more likely to yield accurate and reliable infor-
mation about what those students know and can do;
‘‘(F) make widely available, through the World
Wide Web and through other means, information
about the tests (but not individual results), including
test items and answers, norms and benchmarks, and
explanatory information, in easily understandable
form;
‘‘(G) ensure that all test questions, test results,
student answers, and the answer key are returned to
students, their families, and their teachers not more
than 30 days from the day the test was adminis-
tered;
‘‘(H) ensure that information is provided to
parents, students, and educators about the achieve-
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ment of individual students in relation to the content
and the rigorous performance standards of the Na-
tional Assessment, as set by the National Assess-
ment Governing Board for fourth grade reading and
eighth grade mathematics; and
‘‘(I) ensure that all test items are released each
year.
‘‘(c) TEST CONTENT FRAMEWORKS AND PERFORM-
ANCE LEVELS.—All tests under subsection (a) shall be
based on, and be at least as rigorous as, the content
frameworks and performance levels used for the National
Assessment of Educational Progress under part B of this
Act.
‘‘(d) VOLUNTARY NATURE OF THE TESTS.—(1) The
Federal government shall not—
‘‘(A) require participation by any State, local
educational agency, private school, other educational
entity, or individual in any tests under subsection
(a);
‘‘(B) make participation in a test under sub-
section (a) a condition for receiving Federal funds;
or
‘‘(C) require test participants or administrators
to report test results to the Federal government.
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‘‘(2)(A) All tests under subsection (a) shall be made
available to all States, local educational agencies, private
schools, other educational entities, and parents who wish
to participate.
‘‘(B) States, local educational agencies, private
schools, other educational entities, and parents that
choose to make available or use the tests shall comply with
the policies, guidelines, and criteria set forth by the Board
under this part.
‘‘(e) USE OF TEST.—Results from tests under sub-
section (a) shall not be used by States, local educational
agencies, schools, or other educational entities in making
decisions involving—
‘‘(1) the retention or graduation of students;
‘‘(2) the rewarding or punishing of a teacher,
school, or district; and
‘‘(3) the closing or State take-over of schools.
‘‘(f) REVIEW
AND INDEPENDENT EVALUATION.—
The Secretary shall provide for continuing review and an
independent evaluation of the tests developed under sub-
section (a).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated such sums as may be necessary for fiscal
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year 2001 and for each of the four succeeding fiscal
years.’’.
TITLE III—AMENDMENTS TO
OTHER LAWS
SEC. 301. AMENDMENTS TO OTHER LAWS.
(a) THE DEPARTMENT OF EDUCATION ORGANIZA-
TION ACT.—Title II of the Department of Education Or-
ganization Act (20 U.S.C. 3401 et seq.) is amended—
(1) in section 202(b), by—
(A) redesignating the paragraph (3) as
paragraph (4);
(B) in paragraph (4), as redesignated by
subparagraph (A)—
(i) in the matter before subparagraph
(A), by striking out ‘‘an Assistant Sec-
retary for Educational Research and Im-
provement’’ and inserting in lieu thereof
‘‘a Director of the National Institute for
Education Research’’; and
(ii) in subparagraph (B), by striking
out ‘‘National Educational Research Policy
and Priorities Board’’ and inserting in lieu
thereof ‘‘National Education Research
Board’’; and
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(C) by adding a new paragraph (5) to read
as follows:
‘‘(5) There shall be in the Department a Com-
missioner of Education Statistics who is appointed
in accordance with section 111(b) of the National
Education Statistics Act.’’;
(2) by amending section 208 to read as follows:
‘‘SEC. 208. NATIONAL INSTITUTE FOR EDUCATION RE-
SEARCH.
‘‘There shall be in the Department of Education a
National Institute for Education Research, to be adminis-
tered by the Director of the National Institute for Edu-
cation Research appointed under section 202(b)(4) in ac-
cordance with the National Education Research Act.’’; and
(3) by adding at the end thereof a new section
220 to read as follows:
‘‘SEC. 220. NATIONAL CENTER FOR EDUCATION STATISTICS.
‘‘There shall be in the Department of Education a
National Center for Education Statistics, to be adminis-
tered by the Commissioner for Education Statistics ap-
pointed under section 111(b) of the National Education
Statistics Act in accordance with that Act.’’.
(b) POSITIONS.—5 U.S.C. 5315 is amended by—
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(1) striking out ‘‘Assistant Secretaries of Edu-
cation (10)’’ and inserting in lieu thereof ‘‘Assistant
Secretaries of Education (9)’’; and
(2) inserting ‘‘Director of the National Institute
for Education Research.’’ and ‘‘Commissioner for
Education Statistics’’ after ‘‘Assistant Secretaries of
Education (9).’’.
Æ