(5) PROHIBITION AGAINST BIAS.—The Board
shall take steps to ensure that all items selected for
use in the National Assessment of Educational
Progress are free from racial, cultural, gender, or re-
gional bias.
(6) TECHNICAL.—In carrying out the duties re-
quired by paragraph (2), the Board may seek tech-
nical advice, as appropriate, from the Commissioner
of Education Statistics and the Advisory Council on
Education Statistics and other experts.
(7) REPORT.—Not later than 90 days after an
evaluation of the student performance levels under
section 252(f), the Board shall make a report to the
Director of the Academy, the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate describing
the steps the Board is taking to respond to each of
the recommendations contained in such evaluation.
(f) PERSONNEL.—
(1) IN GENERAL.—In the exercise of its respon-
sibilities, the Board shall be independent of the Di-
rector and the other offices and officers of the Acad-
emy.
(2) STAFF.—
(A) The Board may appoint such staff as
will enable the Board to carry out its respon-
sibilities.
(B) Such appointments may include, for
terms not to exceed 3 years and without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive serv-
ice, technical employees who may be paid with-
out regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay
rates.
(g) ADMINISTRATION.—Section 10, 11, and 12 of the
Federal Advisory Committee Act shall apply with respect
to the Board.
SEC. 
252. 
NATIONAL 
ASSESSMENT 
OF 
EDUCATIONAL
PROGRESS.
(a) ESTABLISHMENT.—The National Assessment
Governing Board shall establish policy and carry out,
through grants, contracts, or cooperative agreements with
1 or more qualified entities, or consortia thereof, a Na-
tional Assessment of Educational Progress. The National
Assessment of Education Progress collectively refers to a
long-term trend assessment, national assessment, and
State assessments.
(b) PURPOSE; LONG-TERM TREND ASSESSMENT,
NATIONAL ASSESSMENTS, AND STATE ASSESSMENTS.—
The purpose of the National Assessment of Educational
Progress is to provide a fair and accurate presentation of
educational achievement in reading, writing, mathematics,
and science, and as time and resources permit, the addi-
tional subjects of United States history, geography, and
civics.
(c) DUTIES.—
(1) IN
GENERAL.—The National Assessment
Governing Board, in carrying out the National As-
sessment of Educational Progress, shall use sam-
pling techniques that produce data that are rep-
resentative on a national and regional basis, and on
a State basis pursuant to paragraph (2). The Board,
in accordance with an assessment and reporting
schedule developed and published by the Board,
shall—
(A) conduct a long-term trend assessment
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 writ-
ing;
(B) for purposes of collecting data on stu-
dent achievement based on frameworks devel-
oped by the Board under section 251(e)(2),
conduct a national assessment each year and
State assessments not less than once every 4
years in each subject tested as part of the Na-
tional Assessment of Educational Progress in
grades 4, 8, and 12 in public and private
schools;
(C) report achievement data on a basis
that ensures valid and reliable trend reporting;
(D) include information on special groups,
including, whenever feasible, information col-
lected, cross-tabulated, analyzed, and reported
by sex, race or ethnicity and socioeconomic sta-
tus;
(E) ensure that initial assessment results
are reported to the public on a timely basis, but
in no event later than 6 months after such as-
sessments are administered;
(F) ensure that achievement data are
made available on a timely basis following offi-
cial reporting, in a manner that facilitates fur-
ther analysis; and
(G) provide assistance to interested States
that wish to compare their State assessments to
the 
National 
Assessment 
of 
Educational
Progress.
(2) STATE ASSESSMENTS.—
(A)(i) The National Assessment Governing
Board, in carrying out the National Assessment
of Educational Progress, may conduct State as-
sessments of student achievement in grades 4,
8, and 12.
(ii) Each such 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.
(B)(i) A State wishing to participate in a
State assessment shall enter into an agreement
with the Board pursuant to subsection (e)(2).
(ii) Such agreement shall contain informa-
tion sufficient to give States full information
about the process for consensus decision mak-
ing on objectives to be tested, and the stand-
ards for sampling, test administration, test se-
curity, data collection, validation, and reporting.
(C) A participating State shall review and
give permission for the release of results from
any test of its students administered as a part
of a State assessment prior to the release of
such data. Refusal by a State to release its data
shall not restrict the release of data from other
States that have approved the release of such
data.
(3) PROHIBITED
DATA.—In carrying out the
National Assessment of Educational Progress, the
National Assessment Governing Board shall not col-
lect any data that are not directly related to the ap-
praisal of educational performance, achievement, and
traditional demographic reporting variables, or to
the fair and accurate presentation of such informa-
tion.
(4) TECHNICAL ASSISTANCE.—In carrying out
the National Assessment of Educational Progress,
the Board may provide technical assistance to
States, localities, and other parties.
(d) ACCESS.—
(1) PUBLIC
ACCESS.—Except as provided in
paragraph (2), the public shall have access to all
data, questions, and test instruments of the National
Assessment of Educational Progress.
(2) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—
(A) The National Assessment Governing
Board shall ensure that all personally identifi-
able information about students, their edu-
cational performance, and their families, and
information with respect to individual schools,
remains confidential, in accordance with section
552a of title 5, United States Code.
(B) The National Assessment Governing
Board shall not maintain a system of records
containing a student’s name, birth information,
social security number, or parent’s name or
names.
(C)(i) Notwithstanding any other provision
of law, the National Assessment Governing
Board may decline to make available to the
public for a period, not to exceed 10 years after
initial use, cognitive questions that the National
Assessment Governing Board intends to reuse
in the future.
(ii) Notwithstanding clause (i), the Na-
tional Assessment Governing Board may decline
to make available cognitive items for periods
longer than 10 years if the Board determines
that it is necessary to do so in order to protect
the integrity of long-term trend data.
(e) PARTICIPATION.—
(1) LONG-TERM TREND ASSESSMENT AND NA-
TIONAL
ASSESSMENT.—Participation in the long-
term trend assessment and national assessment by
State and local educational agencies shall be vol-
untary.
(2) STATE AMOUNT.—Participation in assess-
ments made on a State basis shall be voluntary. The
National Assessment Governing Board shall enter
into an agreement with any State that desires to
carry out an assessment for the State under this
subsection. Each such agreement shall contain provi-
sions designed to ensure that the State—
(A) participates in the assessment; and
(B) pays from non-Federal sources the
non-Federal share of such participation.
(3) NON-FEDERAL SHARE.—
(A) For each fiscal year, the non-Federal
share, for the purpose of paragraph (2)(B),
shall be—
(i) the cost of conducting the assess-
ment at the school level for all public
schools in the State sample;
(ii) the cost of coordination within the
State; and
(iii) other reasonable costs specified
by the Board in the agreement described in
paragraph (2), such as the cost of ana-
lyzing and reporting the data.
(B) The non-Federal share of payments
under this paragraph may be in cash or in kind,
fairly valued.
(C) The agreement described in paragraph
(2) shall describe the manner in which the costs
of administering the assessment to private non-
profit schools included in the State sample will
be met.
(f) STUDENT PERFORMANCE LEVELS.—
(1) PERFORMANCE LEVELS.—The National As-
sessment Governing Board shall develop appropriate
student performance levels for each grade in each
subject area to be tested under the National Assess-
ment of Educational Progress.
(2) DEVELOPMENT OF LEVELS.—
(A) Such performance levels shall be—
(i) devised through a national con-
sensus approach, providing for active par-
ticipation of teachers, curriculum special-
ists, State boards of education, local school
boards, local school administrators, par-
ents, and concerned members of the gen-
eral public;
(ii) used on a developmental basis
until the Board determines, as the result
of an independent evaluation under sub-
section (g), that such levels are reasonable,
valid, and informative to the public; and
(iii) updated as appropriate.
(B) In using such levels on a develop-
mental basis, the Board shall ensure that re-
ports that use such levels do so in a manner
that makes clear the developmental status of
such levels.
(3) REPORTING.—After determining that such
levels are reasonable, valid, and informative to the
public, as the result of an evaluation under sub-
section (f), the Board shall use such levels or other
methods or indicators for reporting results of the
National assessment and State assessments.
(g) REVIEW
OF NATIONAL
AND STATE ASSESS-
MENTS.—
(1) IN GENERAL.—
(A) The Director of the Academy shall
provide for continuing review of the National
assessment, State assessments, and student
performance levels, by 1 or more nationally rec-
ognized evaluation organizations, such as the
National Academy of Education and the Na-
tional Academy of Sciences.
(B) Such continuing review shall address—
(i) whether each State assessment is
properly administered, produces high-qual-
ity data that are valid and reliable, and
produces data on student achievement that
are not otherwise available to the State
(other than data comparing participating
States to each other and the Nation); and
(ii) whether developmental student
performance levels are reasonable, valid,
and informative to the public.
(2) REPORT.—The Board shall report to the
Committee on Education and the Workforce of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Sen-
ate, the President, and the Nation on the findings
and recommendations of such reviews.
(3) USE
OF
FINDINGS
AND
RECOMMENDA-
TIONS.—The National Assessment Governing Board
shall consider the findings and recommendations of
such reviews in carrying out the National Assess-
ment of Educational Progress.
(h) COVERAGE AGREEMENTS.—
(1) DEPARTMENT OF DEFENSE SCHOOLS.—The
National Assessment Governing Board and the Sec-
retary of Defense may enter into an agreement, in-
cluding such terms as are mutually satisfactory, to
include in the National Assessment of Educational
Progress elementary and secondary schools operated
by the Department of Defense.
(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—
The National Assessment Governing Board and the
Secretary of the Interior may enter into an agree-
ment, including such terms as are mutually satisfac-
tory, to include in the National Assessment of Edu-
cational Progress schools for Indian children oper-
ated or supported by the Bureau of Indian Affairs.
SEC. 253. PROHIBITION ON FEDERALLY SPONSORED TEST-
ING.
(a) GENERAL PROHIBITION.—Notwithstanding any
other provision of Federal law and except as provided in
subsection (b), no funds provided to the Department of
Education, the National Assessment Governing Board, the
Academy, or an applicable program may be used to carry
out any activities related to any federally sponsored na-
tional test in reading, mathematics, or any other subject
that is not specifically and explicitly provided for in au-
thorizing legislation enacted into law.
(b) EXCEPTIONS.—Subsection (a) shall not apply to
the Third International Mathematics and Science Study
or other international comparative assessments developed
under the authority of section 225(a)(6) and administered
to only a representative sample of pupils in the United
States and in foreign nations.
(c) REPEAL OF AUTHORITY.—Section 305(b) of title
III of the Department of Labor, Health and Human Serv-
ices and Education and Related Agencies Appropriations
Act, 1999 of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for 1999 (Public Law
105–277) relating to the authority of the National Assess-
ment Governing Board over the direction and all policies
and guidelines for developing voluntary national tests, is
repealed.
TITLE 
III—ACTIVITIES 
WITHIN
THE DEPARTMENT OF EDU-
CATION
SEC. 301. OFFICE OF PLANNING, PERFORMANCE MANAGE-
MENT, AND TECHNICAL ASSISTANCE.
Section 208 of the Department of Education Organi-
zation Act (20 U.S.C. 3419) is amended to read as fol-
lows:
‘‘(a) IN GENERAL.—There is established within the
Department of Education an Office of Planning, Perform-
ance Measurement, and Technical Assistance, which shall
be under the direction of a Director.
‘‘(b) DUTIES OF OFFICE.—The Director of the Office
of Planning, Performance Measurement, and Technical
Assistance shall be responsible for—
‘‘(1) planning and measuring program perform-
ance described in subsection (c);
‘‘(2) providing assistance to State educational
agencies and local educational agencies in the devel-
opment and maintenance of management informa-
tion systems described in subsection (d); and
‘‘(3) providing technical assistance and dissemi-
nating information described in subsections (e) and
(f)
‘‘(c) PLANNING AND PERFORMANCE.—To assist with
planning and implement a performance measurement sys-
tem, the Director may, directly or through grants to, and
contracts with, appropriate entities—
‘‘(1) assess program goals under the Govern-
ment Performance Results Act of 1993 (Public Law
103–62);
‘‘(2) measure the quality of program adminis-
tration;
‘‘(3) conduct efforts to measure and improve
data quality;
‘‘(4) assess implementation quality;
‘‘(5) assess process effectiveness and efficiency;
‘‘(6) measure customer satisfaction;
‘‘(7) collect participant outcomes;
‘‘(8) obtain biennial updates of census data
used under title I of the Elementary and Secondary
Education Act of 1965; and
‘‘(9) undertake activities in partnership with
the States to develop information needed to inform
program management and support continuous im-
provement at the State, school district, and school
levels.
‘‘(d) 
INTEGRATED
PERFORMANCE
AND
BENCHMARKING SYSTEM.—The Office may provide guid-
ance and technical assistance to State educational agen-
cies and local educational agencies in developing and
maintaining management-information systems through
which such an agency may develop program-performance
indicators, collect data to measure performance against
those indicators, and use the data to improve services and
performance.
‘‘(e) REGIONAL COMPREHENSIVE TECHNICAL AS-
SISTANCE AND REFORM INITIATIVES.—
‘‘(1) IN GENERAL.—The Director shall—
‘‘(A) establish, oversee, and coordinate a
nationwide, regional network of entities author-
ized to provide comprehensive technical assist-
ance and promote reform initiatives to States,
local educational agencies, schools, tribes, com-
munity-based organizations, and other appro-
priate entities;
‘‘(B) identify not more than 10 regional
areas of the United States to make up such
network, taking into consideration at a min-
imum, the geographic distribution of students
assisted under title I of the Elementary and
Secondary Education Act of 1965.
‘‘(2) REGIONAL BOARDS.—
‘‘(A) IN GENERAL.—Each region referred
to in paragraph (1)(B) shall be governed by a
regional board which shall be convened by gov-
ernors in the States represented by each region.
Each such board shall consist of individuals
broadly representative of the agencies and orga-
nizations serving the region, which at a min-
imum shall include—
‘‘(i) representatives of State edu-
cational agencies;
‘‘(ii) representatives of local edu-
cational agencies;
‘‘(iii) representatives of higher edu-
cational agencies, including individuals rep-
resenting schools of education, university-
based education research, and university-
based research in fields other than edu-
cation;
‘‘(iv) parents;
‘‘(v) practicing educators; and
‘‘(vi) representatives of business.
‘‘(B) PLAN.—Each regional board shall—
‘‘(i) develop a plan for identifying and
serving the needs of the region by con-
ducting a continuing survey of the edu-
cational needs, strengths, and weaknesses
within the region, including a process of
open hearings to solicit the views and
needs of schools, charter schools, teachers,
administrators, parents, local educational
agencies, librarians, businesses, State edu-
cational agencies and other customers
within the region;
‘‘(ii) forward such plan to the Direc-
tor of the National Academy for Education
Research, Statistics, Evaluation, and Infor-
mation and the Commissioner of Edu-
cation Research to assist in making deci-
sions regarding the national priorities
within education research.
‘‘(C) 
TECHNICAL
ASSISTANCE.—Based
upon the plan described in subparagraph (B),
each regional board shall carry out comprehen-
sive technical assistance and reform initiatives,
which, at a minimum, shall include—
‘‘(i) the dissemination of research, in-
formation, products, and publications de-
veloped through or supported by the De-
partment of Education or the National
Academy for Education Research, Statis-
tics, 
Evaluation, 
and 
Information 
to
schools, educators, parents and policy-
makers throughout the United States, in-
cluding, at a minimum, information related
to the core academic areas of mathematics,
science, reading, as well as education tech-
nology.
‘‘(ii) training and technical assistance
to States, local educational agencies,
schools, charter schools, tribes, community-
based organizations, and other appropriate
entities, in areas which, at a minimum,
shall include—
‘‘(I) the administration and im-
plementation of programs under the
Elementary and Secondary Education
Act of 1965;
‘‘(II) assistance for the imple-
mentation of teaching methods and
assessment tools based upon scientif-
ically valid education research for use
by students, teachers, and administra-
tors, including, at a minimum, assist-
ance related to the core academic
areas including mathematics, science,
100
reading, as well as education tech-
nology; and
‘‘(III) the provision of education
products based upon scientifically
based education research in a usable
form in order to promote school im-
provement and academic achievement
and to correct educational deficiencies;
and
‘‘(iii) applied research projects de-
signed to serve the particular needs of the
region if quality applied research does not
exist as determined by the regional board,
and reflect findings from scientifically valid
research 
resulting 
in 
user-friendly,
replicable, classroom applications geared
toward 
promoting 
increased 
student
achievement.
‘‘(D) INFORMATION.—Information devel-
oped pursuant to the plan developed under sub-
paragraph (B) shall be categorized by the level
of research the program or practice has
achieved through the classification systems es-
tablished under section 204(c)(5) of the Sci-
101
entifically Based Education Research, Statis-
tics, Evaluation, and Information act of 2000.
‘‘(E) AUTHORITY.—
‘‘(i) IN GENERAL.—To carry out the
activities described in subparagraph (C),
each regional board may provide grants or
enter into contracts or cooperative agree-
ments, each of which shall be on a com-
petitive basis, with private or public, for
profit, or nonprofit research organizations,
institutions, agencies, institutions of higher
education, individuals, or partnerships
among such entities, with the dem-
onstrated ability or capacity to carry out
the duties under this subsection, including
entities that carried out, on the day pre-
ceding the date of the enactment of the
Scientifically Based Education Research,
Statistics, Evaluation, and Information
Act, activities under—
‘‘(I) part A of title XIII of the
Elementary and Secondary Education
Act of 1965, Comprehensive Regional
Assistance Centers;
102
‘‘(II) part C of title XIII of the
Elementary and Secondary Education
Act of 1965, Eisenhower Regional
Mathematics and Science Education
Consortia;
‘‘(III) part D of title XIII of the
Elementary and Secondary Education
Act of 1965, Technology-Based Tech-
nical Assistance;
‘‘(IV) section 931(c)(1)(B) of
Goals 2000, Educate America Act,
National Research and Development
Centers; and
‘‘(V) section 941(h) of Goals
2000, Educate America Act, Regional
Educational 
Laboratories 
for 
Re-
search, Development, Dissemination,
and Technical Assistance;
‘‘(ii) OBJECTIVES AND INDICATORS.—
Prior to making a grant under subpara-
graph (E), the board shall design specific
objectives and measurable indicators to be
used to assess the particular program or
initiatives and ongoing progress and per-
formance to ensure the needs of the region
103
are being met and that the latest and best
research and proven practices are being
carried out as part of school improvement
efforts;
‘‘(F) PRIORITY.—In carrying out activities
under this section, each regional board shall
give priority to—
‘‘(i) 
schools 
participating 
in
schoolwide programs under title I of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.);
‘‘(ii) schools with high percentages of
students from families with members eligi-
ble for free or reduced price lunches under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
‘‘(iii) schools in rural areas with high
levels of poverty.
‘‘(G) 
OTHER
DUTIES.—Each 
regional
board also shall—
‘‘(i) leverage funds from public and
private sources to enable expansion and
continuous improvement of its activities;
and
104
‘‘(ii) ensure its activities meet the ap-
plicable standards of quality and the needs
of the region;
‘‘(iii) establish such governance, orga-
nization, management, administration, and
employ such qualified staff as it considers
appropriate to carry out its activities.
‘‘(3) FUNDING.—
‘‘(A) IN GENERAL.—From funds made
available under section 302(2), the Secretary
shall provide each regional board submitting an
application under subparagraph (B), an amount
of funding equal, or in proportion to, the level
of funding received by such region or similar re-
gion, under prior regional assistance programs
as described under paragraph (2)(E)(i), of
which not more than 7 percent shall be used for
indirect costs using generally accepted account-
ing principles.
‘‘(B) APPLICATION.—Each regional board
seeking funds under this section shall submit an
application which shall—
‘‘(i) describe how the board will carry
out the activities in accordance with this
paragraph; and
105
‘‘(ii) contain such additional informa-
tion as the Secretary may reasonably re-
quire.
‘‘(4) COORDINATION.—In order to assure co-
ordination and prevent unnecessary duplication of
activities among the regions, the Director shall es-
tablish and maintain a system to—
‘‘(A) share information about the activities
of each region;
‘‘(B) plan joint activities that meet the
needs of multiple regions;
‘‘(C) create a strategic plan for the devel-
opment of activities undertaken by the each re-
gion to reduce redundancy and increase collabo-
ration and resource-sharing in such activities;
and
‘‘(D) devise means by which the work of
the individual regions serve national, as well as
regional education needs.
‘‘(5) EVALUATION.—The Director shall provide
for ongoing independent evaluations of the regions
in carrying out the duties of this subsection, the re-
sults of which shall be transmitted to the relevant
committees of Congress and the National Board for
106
Education Research, Statistics, Evaluation, and In-
formation.
‘‘(f) SCHOOL-BASED CUSTOMER DRIVEN TECHNICAL
ASSISTANCE.—
‘‘(1) RESERVATION.—From funds made avail-
able under section 302(2), for any fiscal year, the
Secretary shall award grants to States on a competi-
tive basis consistent with this subsection.
‘‘(2) STATE APPLICATION.—Each State desiring
a grant under this subsection shall submit an appli-
cation to the Secretary at such time, in such man-
ner, and containing such information the Secretary
may require. Each such application shall describe
how—
‘‘(A) the State shall give priority to local
educational agencies and schools—
‘‘(i) participating in schoolwide pro-
grams under title I of the Elementary and
Secondary Education Act of 1965;
‘‘(ii) with high percentages of students
from families with members eligible for
free or reduced price lunches under the
Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.); and
107
‘‘(iii) in rural areas with high levels of
poverty;
‘‘(B) help educators become better con-
sumers of education research by assisting them
in evaluating the quality of research;
‘‘(C) the State shall ensure that activities
are coordinated with the services available
under the National Education Library and
Clearinghouse Office and the regional boards
established in subsection (b); and
‘‘(D) assist schools in evaluating education
services to ensure they are cost-effective and re-
flect the best information available for research
and practice based upon scientifically valid re-
search;
‘‘(3) LOCAL GRANTS.—
‘‘(A) IN GENERAL.—Each State that re-
ceives a grant under this subsection shall use
not less than 95 percent of such funds to award
grants on a competitive basis to local edu-
cational agencies to provide such agencies with
the opportunity to choose technical assistance
from high quality providers able to meet the
particular needs of such agency with a priority
for local educational agencies with a high per-
108
centage of students from families with members
eligible for free or reduced price lunches under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).
‘‘(B) LOCAL
APPLICATION.—Each local
educational agency that desires a grant under
this subsection shall submit an application to
the State at such time, in such manner, and
containing such information as the Secretary
may require. Each application shall describe—
‘‘(i) the local educational agency’s
need for technical assistance; and
‘‘(ii) how the local educational agency
will use funds provided under this sub-
section to coordinate all its various sources
of funds for technical assistance into an in-
tegrated system for acquiring and using
outside technical assistance and other
means of building its own capacity to pro-
vide the opportunity for all children to
achieve to challenging State academic con-
tent standards.
‘‘(C) LOCAL USES OF FUNDS.—Each local
educational agency receiving funds under this
subsection may use such funds to—
109
‘‘(i) build capacity to use technical as-
sistance funds provided under this sub-
section effectively through the acquisition
of technical assistance based upon scientif-
ically valid education research.
‘‘(ii) develop, coordinate, and imple-
ment an integrated system of providing
technical assistance to its schools using all
available sources of funds provided for
technical assistance; and
‘‘(iii) acquire the technical assistance
the agency needs to increase opportunities
for all children to achieve to challenging
State academic content standards.’’.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this title, $122,393,000 for fiscal year 2002, and such
sum as may be necessary for each of the 4 subsequent
fiscal years, of which—
(1) $4,390,000 shall be available to carry out
subsections (c) and (d) of section 301, in addition to
any other funds made available by the Secretary;
and
110
(2) $118,000,000 shall be available to carry out
subsections (e) and (f) of section 301, of which not
less than 10 percent shall be for subsection (f).
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. TRANSITION PROVISIONS.
(a) AUTHORITY.—The Director of the Office of Man-
agement and Budget shall determine and take appropriate
measures to ensure an orderly transition of the activities
described in this Act previously administered through the
Department of Education and transferred under this Act.
(b) ASSETS.—Except as otherwise provided in this
Act, so much of the personnel, property, records, and un-
expended balances of appropriations, allocations, and
other funds employed, used, held, available, or to be made
available in connection with a function transferred to an
official or agency by this Act shall be available to the offi-
cial or the head of that agency, respectively, at such time
or times as the Director of the Office of Management and
Budget directs for use in connection with the functions
transferred.
(c) FUNCTIONS.—
(1) DETERMINATIONS.—If necessary, the Di-
rector shall make any determination of the functions
that are transferred under this Act.
111
(2) INCIDENTAL TRANSFERS.—The Director, at
such time or times as the Director shall provide,
may make such determinations as may be necessary
with regard to the functions transferred by this Act,
and to make such additional incidental dispositions
of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be
made available in connection with such functions, as
may be necessary to carry out the provisions of this
Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act
and for such further measures and dispositions as
may be necessary to effectuate the purposes of this
Act.
(d) DEFINITION.—For purposes of this title, the term
‘‘Director’’ means the Director of the Office of Manage-
ment and Budget.
SEC. 402. REPEALS.
(a) EDUCATIONAL RESEARCH AND IMPROVEMENT.—
(1) IN GENERAL.—The Educational Research,
Development, Dissemination, and Improvement Act
of 1994 (20 U.S.C. 6001 et seq.) is repealed.
112
(2) CONFORMING AMENDMENTS.—(A) Section
202(b) of the Department of Education Organiza-
tion Act (20 U.S.C. 3412(b)) is amended by striking
paragraph (3).
(B) The Department of Education Organization
Act (20 U.S.C. 3401 et seq.) is amended—
(i) by striking section 208; and
(ii) in section 1 in the table of contents, by
striking the item relating to section 208.
(C) Section 1(b) of the Goals 2000: Educate
America Act (20 U.S.C. 5801 et seq.) is amended in
the table of contents by striking the items relating
to parts A through E of title IX.
(D) Title XIII of the Goals 2000: Educate
America Act is repealed.
(b) FEDERAL
EVALUATIONS, DEMONSTRATIONS,
AND TRANSITION PROJECTS.—
(1) IN GENERAL.—Part E of title I of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 6491 et seq.) is repealed.
(2) CONFORMING AMENDMENT.—Section 1002
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6302) is amended by striking sub-
section (g).
(c) NATIONAL EDUCATION STATISTICS.—
113
(1) IN
GENERAL.—The National Education
Statistics Act of 1994 (title IV of the Improving
America’s Schools Act of 1994; 20 U.S.C. 9001 et
seq.) is repealed.
(2) CONFORMING AMENDMENTS.—(A) Section
5315 of title 5, United States Code, is amended by
striking the following:
‘‘Commissioner, National Center for Education
Statistics.’’.
(B) Section 447(b) of the General Education
Provisions Act (20 U.S.C. 1232j) is amended by
striking ‘‘section 404(a)(6) of the National Edu-
cation Statistics Act of 1994’’ and inserting ‘‘section
225(a)(6) of the Scientifically Based Education Re-
search, Statistics, Evaluation, and Information Act
of 2000’’.
(C) Section 5307 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7267) is
repealed.
Æ