H. R. 3801—28
met and that the latest and best research and proven practices
are being carried out as part of school improvement efforts.
(5) STANDARDS.—The Evaluation and Regional Assistance
Commissioner shall establish a system for technical and peer
review to ensure that applied research activities, research-
based reports, and products of the regional educational labora-
tories are consistent with the research standards described
in section 134 and the evaluation standards adhered to pursu-
ant to section 173(a)(2)(A).
(f) CENTRAL MISSION AND PRIMARY FUNCTION.—Each regional
educational laboratory awarded a contract under this section shall
support applied research, development, wide dissemination, and
technical assistance activities by—
(1) providing training (which may include supporting
internships and fellowships and providing stipends) and tech-
nical assistance to State educational agencies, local educational
agencies, school boards, schools funded by the Bureau as appro-
priate, and State boards of education regarding, at a
minimum—
(A) the administration and implementation of programs
under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(B) scientifically valid research in education on
teaching methods, assessment tools, and high quality, chal-
lenging curriculum frameworks for use by teachers and
administrators in, at a minimum—
(i) the core academic subjects of mathematics,
science, and reading;
(ii) English language acquisition;
(iii) education technology; and
(iv) the replication and adaption of exemplary and
promising practices and new educational methods,
including professional development strategies and the
use of educational technology to improve teaching and
learning; and
(C) the facilitation of communication between edu-
cational experts, school officials, and teachers, parents, and
librarians, to enable such individuals to assist schools to
develop a plan to meet the State education goals;
(2) developing and widely disseminating, including through
Internet-based means, scientifically valid research, information,
reports, and publications that are usable for improving aca-
demic achievement, closing achievement gaps, and encouraging
and sustaining school improvement, to—
(A) schools, districts, institutions of higher education,
educators (including early childhood educators and librar-
ians), parents, policymakers, and other constituencies, as
appropriate, within the region in which the regional edu-
cational laboratory is located; and
(B) the National Center for Education Evaluation and
Regional Assistance;
(3) developing a plan for identifying and serving the needs
of the region by conducting a continuing survey of the edu-
cational needs, strengths, and weaknesses within the region,
including a process of open hearings to solicit the views of
schools, teachers, administrators, parents, local educational
H. R. 3801—29
agencies, librarians, and State educational agencies within the
region;
(4) in the event such quality applied research does not
exist as determined by the regional educational laboratory or
the Department, carrying out applied research projects that
are designed to serve the particular educational needs (in pre-
kindergarten through grade 16) of the region in which the
regional educational laboratory is located, that reflect findings
from scientifically valid research, and that result in user-
friendly, replicable school-based classroom applications geared
toward promoting increased student achievement, including
using applied research to assist in solving site-specific problems
and assisting in development activities (including high-quality
and on-going professional development and effective parental
involvement strategies);
(5) supporting and serving the educational development
activities and needs of the region by providing educational
applied research in usable forms to promote school-improve-
ment, academic achievement, and the closing of achievement
gaps and contributing to the current base of education knowl-
edge by addressing enduring problems in elementary and sec-
ondary education and access to postsecondary education;
(6) collaborating and coordinating services with other tech-
nical assistance providers funded by the Department of Edu-
cation;
(7) assisting in gathering information on school finance
systems to promote improved access to educational opportuni-
ties and to better serve all public school students;
(8) assisting in gathering information on alternative
administrative structures that are more conducive to planning,
implementing, and sustaining school reform and improved aca-
demic achievement;
(9) bringing teams of experts together to develop and imple-
ment school improvement plans and strategies, especially in
low-performing or high poverty schools; and
(10) developing innovative approaches to the application
of technology in education that are unlikely to originate from
within the private sector, but which could result in the develop-
ment of new forms of education software, education content,
and technology-enabled pedagogy.
(g) ACTIVITIES.—Each regional educational laboratory awarded
a contract under this section shall carry out the following activities:
(1) Collaborate with the National Education Centers in
order to—
(A) maximize the use of research conducted through
the National Education Centers in the work of such labora-
tory;
(B) keep the National Education Centers apprised of
the work of the regional educational laboratory in the field;
and
(C) inform the National Education Centers about addi-
tional research needs identified in the field.
(2) Consult with the State educational agencies and local
educational agencies in the region in developing the plan for
serving the region.
H. R. 3801—30
(3) Develop strategies to utilize schools as critical compo-
nents in reforming education and revitalizing rural commu-
nities in the United States.
(4) Report and disseminate information on overcoming the
obstacles faced by educators and schools in high poverty, urban,
and rural areas.
(5) Identify successful educational programs that have
either been developed by such laboratory in carrying out such
laboratory’s functions or that have been developed or used
by others within the region served by the laboratory and make
such information available to the Secretary and the network
of regional educational laboratories so that such programs may
be considered for inclusion in the national education dissemina-
tion system.
(h) GOVERNING BOARD AND ALLOCATION.—
(1) IN GENERAL.—In carrying out its responsibilities, each
regional educational laboratory awarded a contract under this
section, in keeping with the terms and conditions of such labora-
tory’s contract, shall—
(A) establish a governing board that—
(i) reflects a balanced representation of—
(I) the States in the region;
(II) the interests and concerns of regional
constituencies; and
(III) technical expertise;
(ii) includes the chief State school officer or such
officer’s designee of each State represented in such
board’s region;
(iii) includes—
(I) representatives nominated by chief execu-
tive officers of States and State organizations of
superintendents, principals, institutions of higher
education, teachers, parents, businesses, and
researchers; or
(II) other representatives of the organizations
described in subclause (I), as required by State
law in effect on the day before the date of enact-
ment of this Act;
(iv) is the sole entity that—
(I) guides and directs the laboratory in car-
rying out the provisions of this subsection and
satisfying the terms and conditions of the contract
award;
(II) determines the regional agenda of the lab-
oratory;
(III) engages in an ongoing dialogue with the
Evaluation and Regional Assistance Commissioner
concerning the laboratory’s goals, activities, and
priorities; and
(IV) determines at the start of the contract
period, subject to the requirements of this section
and in consultation with the Evaluation and
Regional Assistance Commissioner, the mission of
the regional educational laboratory for the dura-
tion of the contract period;
H. R. 3801—31
(v) ensures that the regional educational labora-
tory attains and maintains a high level of quality in
the laboratory’s work and products;
(vi) establishes standards to ensure that the
regional educational laboratory has strong and effective
governance, organization, management, and adminis-
tration, and employs qualified staff;
(vii) directs the regional educational laboratory to
carry out the laboratory’s duties in a manner that
will make progress toward achieving the State edu-
cation goals and reforming schools and educational
systems; and
(viii) conducts a continuing survey of the edu-
cational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit
the views of schools and teachers; and
(B) allocate the regional educational laboratory’s
resources to and within each State in a manner which
reflects the need for assistance, taking into account such
factors as the proportion of economically disadvantaged
students, the increased cost burden of service delivery in
areas of sparse populations, and any special initiatives
being undertaken by State, intermediate, local educational
agencies, or Bureau-funded schools, as appropriate, which
may require special assistance from the laboratory.
(2) SPECIAL
RULE.—If a regional educational laboratory
needs flexibility in order to meet the requirements of paragraph
(1)(A)(i), the regional educational laboratory may select not
more than 10 percent of the governing board from individuals
outside those representatives nominated in accordance with
paragraph (1)(A)(iii).
(i) DUTIES OF GOVERNING BOARD.—In order to improve the
efficiency and effectiveness of the regional educational laboratories,
the governing boards of the regional educational laboratories shall
establish and maintain a network to—
(1) share information about the activities each laboratory
is carrying out;
(2) plan joint activities that would meet the needs of mul-
tiple regions;
(3) create a strategic plan for the development of activities
undertaken by the laboratories to reduce redundancy and
increase collaboration and resource-sharing in such activities;
and
(4) otherwise devise means by which the work of the indi-
vidual laboratories could serve national, as well as regional,
needs.
(j) EVALUATIONS.—The Evaluation and Regional Assistance
Commissioner shall provide for independent evaluations of each
of the regional educational laboratories in carrying out the duties
described in this section in the third year that such laboratory
receives assistance under this section in accordance with the stand-
ards developed by the Evaluation and Regional Assistance Commis-
sioner and approved by the Board and shall transmit the results
of such evaluations to the relevant committees of Congress, the
Board, and the appropriate regional educational laboratory gov-
erning board.
H. R. 3801—32
(k) RULE OF CONSTRUCTION.—No regional educational labora-
tory receiving assistance under this section shall, by reason of
the receipt of that assistance, be ineligible to receive any other
assistance from the Department of Education as authorized by
law or be prohibited from engaging in activities involving inter-
national projects or endeavors.
(l) ADVANCE PAYMENT SYSTEM.—Each regional educational lab-
oratory awarded a contract under this section shall participate
in the advance payment system at the Department of Education.
(m) ADDITIONAL PROJECTS.—In addition to activities authorized
under this section, the Director is authorized to enter into contracts
or agreements with a regional educational laboratory for the pur-
pose of carrying out additional projects to enable such regional
educational laboratory to assist in efforts to achieve State education
goals and for other purposes.
(n) ANNUAL REPORT AND PLAN.—Not later than July 1 of each
year, each regional educational laboratory awarded a contract under
this section shall submit to the Evaluation and Regional Assistance
Commissioner—
(1) a plan covering the succeeding fiscal year, in which
such laboratory’s mission, activities, and scope of work are
described, including a general description of the plans such
laboratory expects to submit in the remaining years of such
laboratory’s contract; and
(2) a report of how well such laboratory is meeting the
needs of the region, including a summary of activities during
the preceding year, a list of entities served, a list of products,
and any other information that the regional educational labora-
tory may consider relevant or the Evaluation and Regional
Assistance Commissioner may require.
(o) CONSTRUCTION.—Nothing in this section shall be construed
to require any modifications in a regional educational laboratory
contract in effect on the day before the date of enactment of this
Act.
PART E—GENERAL PROVISIONS
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall ensure
that the Department and the Institute use common sources of
data in standardized formats.
SEC. 182. PROHIBITIONS.
(a) NATIONAL DATABASE.—Nothing in this title may be con-
strued to authorize the establishment of a nationwide database
of individually identifiable information on individuals involved in
studies or other collections of data under this title.
(b) FEDERAL GOVERNMENT
AND USE
OF FEDERAL FUNDS.—
Nothing in this title may be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
control the curriculum, program of instruction, or allocation of
State or local resources of a State, local educational agency, or
school, or to mandate a State, or any subdivision thereof, to spend
any funds or incur any costs not provided for under this title.
(c) ENDORSEMENT OF CURRICULUM.—Notwithstanding any other
provision of Federal law, no funds provided under this title to
the Institute, including any office, board, committee, or center of
H. R. 3801—33
the Institute, may be used by the Institute to endorse, approve,
or sanction any curriculum designed to be used in an elementary
school or secondary school.
(d) FEDERALLY SPONSORED TESTING.—
(1) IN GENERAL.—Subject to paragraph (2), no funds pro-
vided under this title to the Secretary or to the recipient of
any award may be used to develop, pilot test, field test, imple-
ment, administer, or distribute any federally sponsored national
test in reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law.
(2) EXCEPTIONS.—Subsection (a) shall not apply to inter-
national 
comparative 
assessments 
developed 
under 
the
authority of section 153(a)(6) of this title or section 404(a)(6)
of the National Education Statistics Act of 1994 (20 U.S.C.
9003(a)(6)) (as such section was in effect on the day before
the date of enactment of this Act) and administered to only
a representative sample of pupils in the United States and
in foreign nations.
SEC. 183. CONFIDENTIALITY.
(a) IN GENERAL.—All collection, maintenance, use, and wide
dissemination of data by the Institute, including each office, board,
committee, and center of the Institute, shall conform with the
requirements of section 552a of title 5, United States Code, the
confidentiality standards of subsection (c) of this section, and sec-
tions 444 and 445 of the General Education Provisions Act (20
U.S.C. 1232g, 1232h).
(b) STUDENT INFORMATION.—The Director shall ensure that
all individually identifiable information about students, their aca-
demic achievements, their families, and information with respect
to individual schools, shall remain confidential in accordance with
section 552a of title 5, United States Code, the confidentiality
standards of subsection (c) of this section, and sections 444 and
445 of the General Education Provisions Act (20 U.S.C. 1232g,
1232h).
SEC. 184. AVAILABILITY OF DATA.
Subject to section 183, data collected by the Institute, including
any office, board, committee, or center of the Institute, in carrying
out the priorities and mission of the Institute, shall be made avail-
able to the public, including through use of the Internet.
SEC. 185. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted or sup-
ported by the Institute or a National Education Center make cus-
tomer service a priority. The Director shall ensure a high level
of customer satisfaction through the following methods:
(1) Establishing and improving feedback mechanisms in
order to anticipate customer needs.
(2) Disseminating information in a timely fashion and in
formats that are easily accessible and usable by researchers,
practitioners, and the general public.
(3) Utilizing the most modern technology and other
methods available, including arrangements to use data collected
electronically by States and local educational agencies, to
ensure the efficient collection and timely distribution of
information, including data and reports.
H. R. 3801—34
(4) Establishing and measuring performance against a set
of indicators for the quality of data collected, analyzed, and
reported.
(5) Continuously improving management strategies and
practices.
(6) Making information available to the public in an expedi-
tious fashion.
SEC. 186. AUTHORITY TO PUBLISH.
(a) PUBLICATION.—The Director may prepare and publish
(including through oral presentation) such research, statistics (con-
sistent with part C), and evaluation information and reports from
any office, board, committee, and center of the Institute, as needed
to carry out the priorities and mission of the Institute without
the approval of the Secretary or any other office of the Department.
(b) ADVANCE COPIES.—The Director shall provide the Secretary
and other relevant offices with an advance copy of any information
to be published under this section before publication.
(c) PEER REVIEW.—All research, statistics, and evaluation
reports conducted by, or supported through, the Institute shall
be subjected to rigorous peer review before being published or
otherwise made available to the public.
(d) ITEMS NOT COVERED.—Nothing in subsections (a), (b), or
(c) shall be construed to apply to—
(1) information on current or proposed budgets, appropria-
tions, or legislation;
(2) information prohibited from disclosure by law or the
Constitution, classified national security information, or
information described in section 552(b) of title 5, United States
Code; and
(3) review by officers of the United States in order to
prevent the unauthorized disclosure of information described
in paragraph (1) or (2).
SEC. 187. VACANCIES.
Any member appointed to fill a vacancy on the Board occurring
before the expiration of the term for which the member’s predecessor
was appointed shall be appointed only for the remainder of that
term. A vacancy in an office, board, committee, or center of the
Institute shall be filled in the manner in which the original appoint-
ment was made. This section does not apply to employees appointed
under section 188.
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) IN GENERAL.—The Director may appoint, for terms not
to exceed 6 years (without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service) and may compensate (without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates) such scientific
or technical employees to carry out the functions of the Institute
or the office, board, committee, or center, respectively, if—
(1) at least 30 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified individuals
to apply and compete for such position;
(2) the rate of basic pay for such employees does not exceed
the maximum rate of basic pay payable for positions at GS–
H. R. 3801—35
15, as determined in accordance with section 5376 of title
5, United States Code, except that not more than 7 individuals
appointed under this section may be paid at a rate that does
not exceed the rate of basic pay for level III of the Executive
Schedule;
(3) the appointment of such employee is necessary (as
determined by the Director on the basis of clear and convincing
evidence) to provide the Institute or the office, board, com-
mittee, or center with scientific or technical expertise which
could not otherwise be obtained by the Institute or the office,
board, committee, or center through the competitive service;
and
(4) the total number of such employees does not exceed
40 individuals or 1⁄5 of the number of full-time, regular scientific
or professional employees of the Institute, whichever is greater.
(b) DUTIES OF EMPLOYEES.—All employees described in sub-
section (a) shall work on activities of the Institute or the office,
board, committee, or center, and shall not be reassigned to other
duties outside the Institute or the office, board, committee, or
center during their term.
SEC. 189. FELLOWSHIPS.
In order to strengthen the national capacity to carry out high-
quality research, evaluation, and statistics related to education,
the Director shall establish and maintain research, evaluation, and
statistics fellowships in institutions of higher education (which may
include the establishment of such fellowships in historically Black
colleges and universities and other institutions of higher education
with large numbers of minority students) that support graduate
and postdoctoral study onsite at the Institute or at the institution
of higher education. In establishing the fellowships, the Director
shall ensure that women and minorities are actively recruited for
participation.
SEC. 190. VOLUNTARY SERVICE.
The Director may accept voluntary and uncompensated services
to carry out and support activities that are consistent with the
priorities and mission of the Institute.
SEC. 191. RULEMAKING.
Notwithstanding section 437(d) of the General Education Provi-
sions Act (20 U.S.C. 1232(d)), the exemption for public property,
loans, grants, and benefits in section 553(a)(2) of title 5, United
States Code, shall apply to the Institute.
SEC. 192. COPYRIGHT.
Nothing in this Act shall be construed to affect the rights,
remedies, limitations, or defense under title 17, United States Code.
SEC. 193. REMOVAL.
(a) PRESIDENTIAL.—The Director, each member of the Board,
and the Commissioner for Education Statistics may be removed
by the President prior to the expiration of the term of each such
appointee.
(b) DIRECTOR.—Each Commissioner appointed by the Director
pursuant to section 117 may be removed by the Director prior
to the expiration of the term of each such Commissioner.
H. R. 3801—36
SEC. 194. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
administer and carry out this title (except section 174) $400,000,000
for fiscal year 2003 and such sums as may be necessary for each
of the 5 succeeding fiscal years, of which—
(1) not less than the amount provided to the National
Center for Education Statistics (as such Center was in existence
on the day before the date of enactment of this Act) for fiscal
year 2002 shall be provided to the National Center for Edu-
cation Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of such funds
or $1,000,000 shall be made available to carry out section
116 (relating to the National Board for Education Sciences).
(b) REGIONAL EDUCATIONAL LABORATORIES.—There are author-
ized to be appropriated to carry out section 174 $100,000,000 for
fiscal year 2003 and such sums as may be necessary for each
of the 5 succeeding fiscal years. Of the amounts appropriated under
the preceding sentence for a fiscal year, the Director shall obligate
not less than 25 percent to carry out such purpose with respect
to rural areas (including schools funded by the Bureau which are
located in rural areas).
(c) AVAILABILITY.—Amounts made available under this section
shall remain available until expended.
TITLE II—EDUCATIONAL TECHNICAL
ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Educational Technical Assistance
Act of 2002’’.
SEC. 202. DEFINITIONS.
In this title:
(1) IN GENERAL.—The terms ‘‘local educational agency’’ and
‘‘State educational agency’’ have the meanings given those
terms in section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
SEC. 203. COMPREHENSIVE CENTERS.
(a) AUTHORIZATION.—
(1) IN GENERAL.—Subject to paragraph (2), beginning in
fiscal year 2004, the Secretary is authorized to award not
less than 20 grants to local entities, or consortia of such entities,
with demonstrated expertise in providing technical assistance
and professional development in reading, mathematics, science,
and technology, especially to low-performing schools and dis-
tricts, to establish comprehensive centers.
(2) REGIONS.—In awarding grants under paragraph (1),
the Secretary—
(A) shall ensure that not less than 1 comprehensive
center is established in each of the 10 geographic regions
served by the regional educational laboratories established
under section 941(h) of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994 (as