I
107TH CONGRESS
2D SESSION
H. R. 5585
To provide for improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 2002
Mr. CASTLE (for himself and Mr. BOEHNER) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To provide for improvement of Federal education research,
statistics, evaluation, information, and dissemination,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I—EDUCATION SCIENCES REFORM
Sec. 101. Short title.
Sec. 102. Definitions.
PART A—THE INSTITUTE OF EDUCATION SCIENCES
Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.
PART B—NATIONAL CENTER FOR EDUCATION RESEARCH
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.
PART C—NATIONAL CENTER FOR EDUCATION STATISTICS
Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
PART D—NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL
ASSISTANCE
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, dissemi-
nation, and technical assistance.
PART E—GENERAL PROVISIONS
Sec. 181. Interagency data sources and formats.
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.
TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.
TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
TITLE IV—AMENDATORY PROVISIONS
Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.
TITLE I—EDUCATION SCIENCES
REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Education Sciences
Reform Act of 2002’’.
SEC. 102. DEFINITIONS.
In this title:
(1) IN
GENERAL.—The terms ‘‘elementary
school’’, ‘‘secondary school’’, ‘‘local educational agen-
cy’’, and ‘‘State educational agency’’ have the mean-
ings given those terms in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7801) and the terms ‘‘freely associated
states’’ and ‘‘outlying area’’ have the meanings given
those terms in section 1121(c) of such Act (20
U.S.C. 6331(c)).
(2) APPLIED
RESEARCH.—The term ‘‘applied
research’’ means research—
(A) to gain knowledge or understanding
necessary for determining the means by which
a recognized and specific need may be met; and
(B) that is specifically directed to the ad-
vancement of practice in the field of education.
(3) BASIC
RESEARCH.—The term ‘‘basic re-
search’’ means research—
(A) to gain fundamental knowledge or un-
derstanding of phenomena and observable facts,
without specific application toward processes or
products; and
(B) for the advancement of knowledge in
the field of education.
(4) BOARD.—The term ‘‘Board’’ means the Na-
tional Board for Education Sciences established
under section 116.
(5) BUREAU.—The term ‘‘Bureau’’ means the
Bureau of Indian Affairs.
(6) 
COMPREHENSIVE
CENTER.—The 
term
‘‘comprehensive center’’ means an entity established
under section 203 of the Educational Technical As-
sistance Act of 2002.
(7) DEPARTMENT.—The term ‘‘Department’’
means the Department of Education.
(8) DEVELOPMENT.—The term ‘‘development’’
means the systematic use of knowledge or under-
standing gained from the findings of scientifically
valid research and the shaping of that knowledge or
understanding into products or processes that can be
applied and evaluated and may prove useful in areas
such as the preparation of materials and new meth-
ods of instruction and practices in teaching, that
lead to the improvement of the academic skills of
students, and that are replicable in different edu-
cational settings.
(9) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Institute of Education Sciences.
(10) DISSEMINATION.—The term ‘‘dissemina-
tion’’ means the communication and transfer of the
results of scientifically valid research, statistics, and
evaluations, in forms that are understandable, easily
accessible, and usable, or adaptable for use in, the
improvement of educational practice by teachers, ad-
ministrators, librarians, other practitioners, re-
searchers, parents, policymakers, and the public,
through technical assistance, publications, electronic
transfer, and other means.
(11) 
EARLY
CHILDHOOD
EDUCATOR.—The
term ‘‘early childhood educator’’ means a person
providing, or employed by a provider of, nonresiden-
tial child care services (including center-based, fam-
ily-based, and in-home child care services) that is le-
gally operating under State law, and that complies
with applicable State and local requirements for the
provision of child care services to children at any age
from birth through the age at which a child may
start kindergarten in that State.
(12) FIELD-INITIATED
RESEARCH.—The term
‘‘field-initiated research’’ means basic research or
applied research in which specific questions and
methods of study are generated by investigators (in-
cluding teachers and other practitioners) and that
conforms to standards of scientifically valid research.
(13) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘‘historically Black college or
university’’ means a part B institution as defined in
section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061).
(14) INSTITUTE.—The term ‘‘Institute’’ means
the Institute of Education Sciences established
under section 111.
(15) INSTITUTION OF HIGHER EDUCATION.—
The term ‘‘institution of higher education’’ has the
meaning given that term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(16) NATIONAL RESEARCH AND DEVELOPMENT
CENTER.—The term ‘‘national research and develop-
ment center’’ means a research and development
center supported under section 133(c).
(17) PROVIDER OF EARLY CHILDHOOD SERV-
ICES.—The term ‘‘provider of early childhood serv-
ices’’ means a public or private entity that serves
young children, including—
(A) child care providers;
(B) Head Start agencies operating Head
Start programs, and entities carrying out Early
Head Start programs, under the Head Start
Act (42 U.S.C. 9831 et seq.);
(C) preschools;
(D) kindergartens; and
(E) libraries.
(18) 
SCIENTIFICALLY
BASED
RESEARCH
STANDARDS.—(A) The term ‘‘scientifically based re-
search standards’’ means research standards that—
(i) apply rigorous, systematic, and objec-
tive methodology to obtain reliable and valid
knowledge relevant to education activities and
programs; and
(ii) present findings and make claims that
are appropriate to and supported by the meth-
ods that have been employed.
(B) The term includes, appropriate to the re-
search being conducted—
(i) employing systematic, empirical meth-
ods that draw on observation or experiment;
(ii) involving data analyses that are ade-
quate to support the general findings;
(iii) relying on measurements or observa-
tional methods that provide reliable data;
(iv) making claims of causal relationships
only in random assignment experiments or
other designs (to the extent such designs sub-
stantially eliminate plausible competing expla-
nations for the obtained results);
(v) ensuring that studies and methods are
presented in sufficient detail and clarity to
allow for replication or, at a minimum, to offer
the opportunity to build systematically on the
findings of the research;
(vi) obtaining acceptance by a peer-re-
viewed journal or approval by a panel of inde-
pendent experts through a comparably rigorous,
objective, and scientific review; and
(vii) using research designs and methods
appropriate to the research question posed.
(19) SCIENTIFICALLY VALID EDUCATION EVAL-
UATION.—The term ‘‘scientifically valid education
evaluation’’ means an evaluation that—
(A) adheres to the highest possible stand-
ards of quality with respect to research design
and statistical analysis;
(B) provides an adequate description of the
programs evaluated and, to the extent possible,
examines the relationship between program im-
plementation and program impacts;
(C) provides an analysis of the results
achieved by the program with respect to its pro-
jected effects;
(D) employs experimental designs using
random assignment, when feasible, and other
research methodologies that allow for the
strongest possible causal inferences when ran-
dom assignment is not feasible; and
(E) may study program implementation
through a combination of scientifically valid and
reliable methods.
(20) SCIENTIFICALLY VALID RESEARCH.—The
term ‘‘scientifically valid research’’ includes applied
research, basic research, and field-initiated research
in which the rationale, design, and interpretation are
soundly developed in accordance with scientifically
based research standards.
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Education.
(22) STATE.—The term ‘‘State’’ includes (ex-
cept as provided in section 158) each of the 50
States, the District of Columbia, the Commonwealth
of Puerto Rico, the freely associated states, and the
outlying areas.
(23) 
TECHNICAL
ASSISTANCE.—The 
term
‘‘technical assistance’’ means—
(A) assistance in identifying, selecting, or
designing solutions based on research, including
professional development and high-quality train-
ing to implement solutions leading to—
(i) improved educational and other
practices and classroom instruction based
on scientifically valid research; and
(ii) improved planning, design, and
administration of programs;
(B) assistance in interpreting, analyzing,
and utilizing statistics and evaluations; and
(C) other assistance necessary to encour-
age the improvement of teaching and learning
through the applications of techniques sup-
ported by scientifically valid research.
PART A—THE INSTITUTE OF EDUCATION
SCIENCES
SEC. 111. ESTABLISHMENT.
(a) ESTABLISHMENT.—There shall be in the Depart-
ment the Institute of Education Sciences, to be adminis-
tered by a Director (as described in section 114) and, to
the extent set forth in section 116, a board of directors.
(b) MISSION.—
(1) IN GENERAL.—The mission of the Institute
is to provide national leadership in expanding funda-
mental knowledge and understanding of education
from early childhood through postsecondary study,
in order to provide parents, educators, students, re-
searchers, policymakers, and the general public with
reliable information about—
(A) the condition and progress of edu-
cation in the United States, including early
childhood education;
(B) educational practices that support
learning and improve academic achievement and
access to educational opportunities for all stu-
dents; and
(C) the effectiveness of Federal and other
education programs.
(2) CARRYING OUT MISSION.—In carrying out
the mission described in paragraph (1), the Institute
shall compile statistics, develop products, and con-
duct research, evaluations, and wide dissemination
activities in areas of demonstrated national need (in-
cluding in technology areas) that are supported by
Federal funds appropriated to the Institute and en-
sure that such activities—
(A) conform to high standards of quality,
integrity, and accuracy; and
(B) are objective, secular, neutral, and
nonideological and are free of partisan political
influence and racial, cultural, gender, or re-
gional bias.
(c) ORGANIZATION.—The Institute shall consist of
the following:
(1) The Office of the Director (as described in
section 114).
(2) The National Board for Education Sciences
(as described in section 116).
(3) The National Education Centers, which
include—
(A) the National Center for Education Re-
search (as described in part B);
(B) the National Center for Education
Statistics (as described in part C); and
(C) the National Center for Education
Evaluation and Regional Assistance (as de-
scribed in part D).
SEC. 112. FUNCTIONS.
From funds appropriated under section 194, the In-
stitute, directly or through grants, contracts, or coopera-
tive agreements, shall—
(1) conduct and support scientifically valid re-
search activities, including basic research and ap-
plied research, statistics activities, scientifically valid
education evaluation, development, and wide dissemi-
nation;
(2) widely disseminate the findings and results
of scientifically valid research in education;
(3) promote the use, development, and applica-
tion of knowledge gained from scientifically valid re-
search activities;
(4) strengthen the national capacity to conduct,
develop, and widely disseminate scientifically valid
research in education;
(5) promote the coordination, development, and
dissemination of scientifically valid research in edu-
cation within the Department and the Federal Gov-
ernment; and
(6) promote the use and application of research
and development to improve practice in the class-
room.
SEC. 113. DELEGATION.
(a) DELEGATION OF AUTHORITY.—Notwithstanding
section 412 of the Department of Education Organization
Act (20 U.S.C. 3472), the Secretary shall delegate to the
Director all functions for carrying out this title (other
than administrative and support functions), except that—
(1) nothing in this title or in the National As-
sessment of Educational Progress Authorization Act
(except section 302(e)(1)(J) of such Act) shall be
construed to alter or diminish the role, responsibil-
ities, or authority of the National Assessment Gov-
erning Board with respect to the National Assess-
ment of Educational Progress (including with re-
spect to the methodologies of the National Assess-
ment of Educational Progress described in section
302(e)(1)(E)) from those authorized by the National
Education Statistics Act of 1994 (20 U.S.C. 9001 et
seq.) on the day before the date of enactment of this
Act;
(2) members of the National Assessment Gov-
erning Board shall continue to be appointed by the
Secretary;
(3) section 302(f)(1) of the National Assess-
ment of Educational Progress Authorization Act
shall apply to the National Assessment Governing
Board in the exercise of its responsibilities under
this Act;
(4) sections 115 and 116 shall not apply to the
National Assessment of Educational Progress; and
(5) sections 115 and 116 shall not apply to the
National Assessment Governing Board.
(b) OTHER ACTIVITIES.—The Secretary may assign
the Institute responsibility for administering other activi-
ties, if those activities are consistent with—
(1) the Institute’s priorities, as approved by the
National Board for Education Sciences under sec-
tion 116, and the Institute’s mission, as described in
section 111(b); or
(2) the Institute’s mission, but only if those ac-
tivities do not divert the Institute from its priorities.
SEC. 114. OFFICE OF THE DIRECTOR.
(a) APPOINTMENT.—Except as provided in sub-
section (b)(2), the President, by and with the advice and
consent of the Senate, shall appoint the Director of the
Institute.
(b) TERM.—
(1) IN GENERAL.—The Director shall serve for
a term of 6 years, beginning on the date of appoint-
ment of the Director.
(2) FIRST DIRECTOR.—The President, without
the advice and consent of the Senate, may appoint
the Assistant Secretary for the Office of Educational
Research and Improvement (as such office existed
on the day before the date of enactment of this Act)
to serve as the first Director of the Institute.
(3) SUBSEQUENT DIRECTORS.—The Board may
make recommendations to the President with respect
to the appointment of a Director under subsection
(a), other than a Director appointed under para-
graph (2).
(c) PAY.—The Director shall receive the rate of basic
pay for level II of the Executive Schedule.
(d) QUALIFICATIONS.—The Director shall be selected
from individuals who are highly qualified authorities in the
fields of scientifically valid research, statistics, or evalua-
tion in education, as well as management within such
areas, and have a demonstrated capacity for sustained
productivity and leadership in these areas.
(e) ADMINISTRATION.—The Director shall—
(1) administer, oversee, and coordinate the ac-
tivities carried out under the Institute, including the
activities of the National Education Centers; and
(2) coordinate and approve budgets and oper-
ating plans for each of the National Education Cen-
ters for submission to the Secretary.
(f) DUTIES.—The duties of the Director shall include
the following:
(1) To propose to the Board priorities for the
Institute, in accordance with section 115(a).
(2) To ensure the methodology applied in con-
ducting research, development, evaluation, and sta-
tistical analysis is consistent with the standards for
such activities under this title.
(3) To coordinate education research and re-
lated activities carried out by the Institute with such
research and activities carried out by other agencies
within the Department and the Federal Government.
(4) To advise the Secretary on research, evalua-
tion, and statistics activities relevant to the activities
of the Department.
(5) To establish necessary procedures for tech-
nical and scientific peer review of the activities of
the Institute, consistent with section 116(b)(3).
(6) To ensure that all participants in research
conducted or supported by the Institute are afforded
their privacy rights and other relevant protections as
research subjects, in accordance with section 183 of
this title, section 552a of title 5, United States
Code, and sections 444 and 445 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or sup-
ported by the Institute are objective, secular, neu-
tral, and nonideological and are free of partisan po-
litical influence and racial, cultural, gender, or re-
gional bias.
(8) To undertake initiatives and programs to
increase the participation of researchers and institu-
tions that have been historically underutilized in
Federal education research activities of the Institute,
including historically Black colleges or universities or
other institutions of higher education with large
numbers of minority students.
(9) To coordinate with the Secretary to promote
and provide for the coordination of research and de-
velopment activities and technical assistance activi-
ties between the Institute and comprehensive cen-
ters.
(10) To solicit and consider the recommenda-
tions of education stakeholders, in order to ensure
that there is broad and regular public and profes-
sional input from the educational field in the plan-
ning and carrying out of the Institute’s activities.
(11) To coordinate the wide dissemination of
information on scientifically valid research.
(12) To carry out and support other activities
consistent with the priorities and mission of the In-
stitute.
(g) EXPERT GUIDANCE AND ASSISTANCE.—The Di-
rector may establish technical and scientific peer-review
groups and scientific program advisory committees for re-
search and evaluations that the Director determines are
necessary to carry out the requirements of this title. The
Director shall appoint such personnel, except that officers
and employees of the United States shall comprise no
more than 1⁄4 of the members of any such group or com-
mittee and shall not receive additional compensation for
their service as members of such a group or committee.
The Director shall ensure that reviewers are highly quali-
fied and capable to appraise education research and devel-
opment projects. The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to a peer-review group or
an advisory committee established under this subsection.
(h) REVIEW.—The Director may, when requested by
other officers of the Department, and shall, when directed
by the Secretary, review the products and publications of
other offices of the Department to certify that evidence-
based claims about those products and publications are
scientifically valid.
SEC. 115. PRIORITIES.
(a) PROPOSAL.—The Director shall propose to the
Board priorities for the Institute (taking into consider-
ation long-term research and development on core issues
conducted through the national research and development
centers). The Director shall identify topics that may re-
quire long-term research and topics that are focused on
understanding and solving particular education problems
and issues, including those associated with the goals and
requirements established in the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
and the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), such as—
(1) closing the achievement gap between high-
performing and low-performing children, especially
achievement gaps between minority and nonminority
children and between disadvantaged children and
such children’s more advantaged peers; and
(2) ensuring—
(A) that all children have the ability to ob-
tain a high-quality education (from early child-
hood through postsecondary education) and
reach, at a minimum, proficiency on challenging
State academic achievement standards and
State academic assessments, particularly in
mathematics, science, and reading or language
arts;
(B) access to, and opportunities for, post-
secondary education; and
(C) the efficacy, impact on academic
achievement, and cost-effectiveness of tech-
nology use within the Nation’s schools.
(b) APPROVAL.—The Board shall approve or dis-
approve the priorities for the Institute proposed by the Di-
rector, including any necessary revision of those priorities.
The Board shall transmit any priorities so approved to
the appropriate congressional committees.
(c) CONSISTENCY.—The Board shall ensure that pri-
orities of the Institute and the National Education Cen-
ters are consistent with the mission of the Institute.
(d) PUBLIC AVAILABILITY AND COMMENT.—
(1) PRIORITIES.—Before submitting to the
Board proposed priorities for the Institute, the Di-
rector shall make such priorities available to the
public for comment for not less than 60 days (in-
cluding by means of the Internet and through pub-
lishing such priorities in the Federal Register). The
Director shall provide to the Board a copy of each
such comment submitted.
(2) PLAN.—Upon approval of such priorities,
the Director shall make the Institute’s plan for ad-
dressing such priorities available for public comment
in the same manner as under paragraph (1).
SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.
(a) ESTABLISHMENT.—The Institute shall have a
board of directors, which shall be known as the National
Board for Education Sciences.
(b) DUTIES.—The duties of the Board shall be the
following:
(1) To advise and consult with the Director on
the policies of the Institute.
(2) To consider and approve priorities proposed
by the Director under section 115 to guide the work
of the Institute.
(3) To review and approve procedures for tech-
nical and scientific peer review of the activities of
the Institute.
(4) To advise the Director on the establishment
of activities to be supported by the Institute, includ-
ing the general areas of research to be carried out
by the National Center for Education Research.
(5) To present to the Director such rec-
ommendations as it may find appropriate for—
(A) the strengthening of education re-
search; and
(B) the funding of the Institute.
(6) To advise the Director on the funding of
applications for grants, contracts, and cooperative
agreements for research, after the completion of peer
review.
(7) To review and regularly evaluate the work
of the Institute, to ensure that scientifically valid re-
search, development, evaluation, and statistical anal-
ysis are consistent with the standards for such ac-
tivities under this title.
(8) To advise the Director on ensuring that ac-
tivities conducted or supported by the Institute are
objective, secular, neutral, and nonideological and
are free of partisan political influence and racial,
cultural, gender, or regional bias.
(9) To solicit advice and information from those
in the educational field, particularly practitioners
and researchers, to recommend to the Director top-
ics that require long-term, sustained, systematic,
programmatic, and integrated research efforts, in-
cluding knowledge utilization and wide dissemination
of research, consistent with the priorities and mis-
sion of the Institute.
(10) To advise the Director on opportunities for
the participation in, and the advancement of,
women, minorities, and persons with disabilities in
education research, statistics, and evaluation activi-
ties of the Institute.
(11) To recommend to the Director ways to en-
hance strategic partnerships and collaborative efforts
among other Federal and State research agencies.
(12) To recommend to the Director individuals
to serve as Commissioners of the National Edu-
cation Centers.
(c) COMPOSITION.—
(1) VOTING MEMBERS.—The Board shall have
15 voting members appointed by the President, by
and with the advice and consent of the Senate.
(2) ADVICE.—The President shall solicit advice
regarding individuals to serve on the Board from the
National Academy of Sciences, the National Science
Board, and the National Science Advisor.
(3) NONVOTING EX OFFICIO MEMBERS.—The
Board shall have the following nonvoting ex officio
members:
(A) The Director of the Institute of Edu-
cation Sciences.
(B) Each of the Commissioners of the Na-
tional Education Centers.
(C) The Director of the National Institute
of Child Health and Human Development.
(D) The Director of the Census.
(E) The Commissioner of Labor Statistics.
(F) The Director of the National Science
Foundation.
(4) APPOINTED MEMBERSHIP.—
(A) 
QUALIFICATIONS.—Members 
ap-
pointed under paragraph (1) shall be highly
qualified to appraise education research, statis-
tics, evaluations, or development, and shall in-
clude the following individuals:
(i) Not fewer than 8 researchers in
the field of statistics, evaluation, social
sciences, 
or 
physical 
and 
biological
sciences, which may include those research-
ers recommended by the National Academy
of Sciences.
(ii) Individuals who are knowledgeable
about the educational needs of the United
States, who may include school-based pro-
fessional educators, parents (including par-
ents with experience in promoting parental
involvement in education), Chief State
School Officers, State postsecondary edu-
cation executives, presidents of institutions
of higher education, local educational agen-
cy superintendents, early childhood ex-
perts, principals, members of State or local
boards of education or Bureau-funded
school boards, and individuals from busi-
ness and industry with experience in pro-
moting private sector involvement in edu-
cation.
(B) TERMS.—Each member appointed
under paragraph (1) shall serve for a term of
4 years, except that—
(i) the terms of the initial members
appointed under such paragraph shall (as
determined by a random selection process
at the time of appointment) be for stag-
gered terms of—
(I) 4 years for each of 5 mem-
bers;
(II) 3 years for each of 5 mem-
bers; and
(III) 2 years for each of 5 mem-
bers; and
(ii) no member appointed under such
paragraph shall serve for more than 2 con-
secutive terms.
(C) UNEXPIRED TERMS.—Any member ap-
pointed to fill a vacancy occurring before the
expiration of the term for which the member’s
predecessor was appointed shall be appointed
only for the remainder of that term.
(D) CONFLICT
OF
INTEREST.—A voting
member of the Board shall be considered a spe-
cial Government employee for the purposes of
the Ethics in Government Act of 1978.
(5) CHAIR.—The Board shall elect a chair from
among the members of the Board.
(6) COMPENSATION.—Members of the Board
shall serve without pay for such service. Members of
the Board who are officers or employees of the
United States may not receive additional pay, allow-
ances, or benefits by reason of their service on the
Board.
(7) TRAVEL EXPENSES.—The members of the
Board shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sub-
chapter I of chapter 57 of title 5, United States
Code.
(8) POWERS OF THE BOARD.—
(A) EXECUTIVE
DIRECTOR.—The Board
shall have an Executive Director who shall be
appointed by the Board.
(B) ADDITIONAL STAFF.—The Board shall
utilize such additional staff as may be ap-
pointed or assigned by the Director, in con-
sultation with the Chair and the Executive Di-
rector.
(C) DETAIL OF PERSONNEL.—The Board
may use the services and facilities of any de-
partment or agency of the Federal Government.
Upon the request of the Board, the head of any
Federal department or agency may detail any
of the personnel of that department or agency
to the Board to assist the Board in carrying out
this Act.
(D) CONTRACTS.—The Board may enter
into contracts or make other arrangements as
may be necessary to carry out its functions.
(E) INFORMATION.—The Board may, to
the extent otherwise permitted by law, obtain
directly from any executive department or agen-
cy of the Federal Government such information
as the Board determines necessary to carry out
its functions.
(9) MEETINGS.—The Board shall meet not less
than 3 times each year. The Board shall hold addi-
tional meetings at the call of the Chair or upon the
written request of not less than 6 voting members
of the Board. Meetings of the Board shall be open
to the public.
(10) QUORUM.—A majority of the voting mem-
bers of the Board serving at the time of the meeting
shall constitute a quorum.
(d) STANDING COMMITTEES.—
(1) ESTABLISHMENT.—The Board may estab-
lish standing committees—
(A) that will each serve 1 of the National
Education Centers; and
(B) to advise, consult with, and make rec-
ommendations to the Director and the Commis-
sioner of the appropriate National Education
Center.
(2) MEMBERSHIP.—A majority of the members
of each standing committee shall be voting members
of the Board whose expertise is needed for the func-
tioning of the committee. In addition, the member-
ship of each standing committee may include, as
appropriate—
(A) experts and scientists in research, sta-
tistics, evaluation, or development who are rec-
ognized in their discipline as highly qualified to
represent such discipline and who are not mem-
bers of the Board, but who may have been rec-
ommended by the Commissioner of the appro-
priate National Education Center and approved
by the Board;
(B) ex officio members of the Board; and
(C) policymakers and expert practitioners
with knowledge of, and experience using, the re-
sults of research, evaluation, and statistics who
are not members of the Board, but who may
have been recommended by the Commissioner
of the appropriate National Education Center
and approved by the Board.
(3) DUTIES.—Each standing committee shall—
(A) review and comment, at the discretion
of the Board or the standing committee, on any
grant, contract, or cooperative agreement en-
tered into (or proposed to be entered into) by
the applicable National Education Center;
(B) prepare for, and submit to, the Board
an annual evaluation of the operations of the
applicable National Education Center;
(C) review and comment on the relevant
plan for activities to be undertaken by the ap-
plicable National Education Center for each fis-
cal year; and
(D) report periodically to the Board re-
garding the activities of the committee and the
applicable National Education Center.
(e) ANNUAL REPORT.—The Board shall submit to
the Director, the Secretary, and the appropriate congres-
sional committees, not later than July 1 of each year, a
report that assesses the effectiveness of the Institute in
carrying out its priorities and mission, especially as such
priorities and mission relate to carrying out scientifically
valid research, conducting unbiased evaluations, collecting
and reporting accurate education statistics, and trans-
lating research into practice.
(f) RECOMMENDATIONS.—The Board shall submit to
the Director, the Secretary, and the appropriate congres-
sional committees a report that includes any recommenda-
tions regarding any actions that may be taken to enhance
the ability of the Institute to carry out its priorities and
mission. The Board shall submit an interim report not
later than 3 years after the date of enactment of this Act
and a final report not later than 5 years after such date
of enactment.
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION
CENTERS.
(a) APPOINTMENT OF COMMISSIONERS.—
(1) IN GENERAL.—Except as provided in sub-
section (b), each of the National Education Centers
shall be headed by a Commissioner appointed by the
Director. In appointing Commissioners, the Director
shall seek to promote continuity in leadership of the
National Education Centers and shall consider indi-
viduals recommended by the Board. The Director
may appoint a Commissioner to carry out the func-
tions of a National Education Center without regard
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and
the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates.
(2) PAY AND QUALIFICATIONS.—Except as pro-
vided in subsection (b), each Commissioner shall—
(A) receive the rate of basic pay for level
IV of the Executive Schedule; and
(B) be highly qualified in the field of edu-
cation research or evaluation.
(3) SERVICE.—Except as provided in subsection
(b), each Commissioner shall report to the Director.
A Commissioner shall serve for a period of not more
than 6 years, except that a Commissioner—
(A) may be reappointed by the Director;
and
(B) may serve after the expiration of that
Commissioner’s term, until a successor has
been appointed, for a period not to exceed 1 ad-
ditional year.
(b) APPOINTMENT
OF COMMISSIONER
FOR EDU-
CATION STATISTICS.—The National Center for Education
Statistics shall be headed by a Commissioner for Edu-
cation Statistics who shall be appointed by the President,
by and with the advice and consent of the Senate, and
who shall—
(1) have substantial knowledge of programs as-
sisted by the National Center for Education Statis-
tics;
(2) receive the rate of basic pay for level IV of
the Executive Schedule; and
(3) serve for a term of 6 years, with the term
to expire every sixth June 21, beginning in 2003.
(c) COORDINATION.—Each Commissioner of a Na-
tional Education Center shall coordinate with each of the
other Commissioners of the National Education Centers
in carrying out such Commissioner’s duties under this
title.
(d) SUPERVISION AND APPROVAL.—Each Commis-
sioner, except the Commissioner for Education Statistics,
shall carry out such Commissioner’s duties under this title
under the supervision and subject to the approval of the
Director.
SEC. 118. AGREEMENTS.
The Institute may carry out research projects of com-
mon interest with entities such as the National Science
Foundation and the National Institute of Child Health
and Human Development through agreements with such
entities that are in accordance with section 430 of the
General Education Provisions Act (20 U.S.C. 1231).
SEC. 119. BIENNIAL REPORT.
The Director shall, on a biennial basis, transmit to
the President, the Board, and the appropriate congres-
sional committees, and make widely available to the public
(including by means of the Internet), a report containing
the following:
(1) A description of the activities carried out by
and through the National Education Centers during
the prior fiscal years.
(2) A summary of each grant, contract, and co-
operative agreement in excess of $100,000 funded
through the National Education Centers during the
prior fiscal years, including, at a minimum, the
amount, duration, recipient, purpose of the award,
and the relationship, if any, to the priorities and
mission of the Institute, which shall be available in
a user-friendly electronic database.
(3) A description of how the activities of the
National Education Centers are consistent with the
principles of scientifically valid research and the pri-
orities and mission of the Institute.
(4) Such additional comments, recommenda-
tions, and materials as the Director considers appro-
priate.
SEC. 120. COMPETITIVE AWARDS.
Activities carried out under this Act through grants,
contracts, or cooperative agreements, at a minimum, shall
be awarded on a competitive basis and, when practicable,
through a process of peer review.
PART B—NATIONAL CENTER FOR
EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the
Institute a National Center for Education Research (in
this part referred to as the ‘‘Research Center’’).
(b) MISSION.—The mission of the Research Center
is—
(1) to sponsor sustained research that will lead
to the accumulation of knowledge and understanding
of education, to—
(A) ensure that all children have access to
a high-quality education;
(B) improve student academic achieve-
ment, including through the use of educational
technology;
(C) close the achievement gap between
high-performing and low-performing students
through the improvement of teaching and learn-
ing of reading, writing, mathematics, science,
and other academic subjects; and
(D) improve access to, and opportunity for,
postsecondary education;
(2) to support the synthesis and, as appro-
priate, the integration of education research;
(3) to promote quality and integrity through
the use of accepted practices of scientific inquiry to
obtain knowledge and understanding of the validity
of education theories, practices, or conditions; and
(4) to promote scientifically valid research find-
ings that can provide the basis for improving aca-
demic instruction and lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.
The Research Center shall be headed by a Commis-
sioner for Education Research (in this part referred to as
the ‘‘Research Commissioner’’) who shall have substantial
knowledge of the activities of the Research Center, includ-
ing a high level of expertise in the fields of research and
research management.
SEC. 133. DUTIES.
(a) GENERAL DUTIES.—The Research Center shall—
(1) maintain published peer-review standards
and standards for the conduct and evaluation of all
research and development carried out under the aus-
pices of the Research Center in accordance with this
part;
(2) propose to the Director a research plan
that—
(A) is consistent with the priorities and
mission of the Institute and the mission of the
Research Center and includes the activities de-
scribed in paragraph (3); and
(B) shall be carried out pursuant to para-
graph (4) and, as appropriate, be updated and
modified;
(3) carry out specific, long-term research activi-
ties that are consistent with the priorities and mis-
sion of the Institute, and are approved by the Direc-
tor;
(4) implement the plan proposed under para-
graph (2) to carry out scientifically valid research
that—
(A) uses objective and measurable indica-
tors, including timelines, that are used to assess
the progress and results of such research;
(B) meets the procedures for peer review
established by the Director under section
114(f)(5) and the standards of research de-
scribed in section 134; and
(C) includes both basic research and ap-
plied research, which shall include research con-
ducted through field-initiated research and on-
going research initiatives;
(5) promote the use of scientifically valid re-
search within the Federal Government, including ac-
tive participation in interagency research projects
described in section 118;
(6) ensure that research conducted under the
direction of the Research Center is relevant to edu-
cation practice and policy;
(7) synthesize and disseminate, through the Na-
tional Center for Education Evaluation and Regional
Assistance, the findings and results of education re-
search conducted or supported by the Research Cen-
ter;
(8) assist the Director in the preparation of a
biennial report, as described in section 119;
(9) carry out research on successful State and
local education reform activities, including those that
result in increased academic achievement and in
closing the achievement gap, as approved by the Di-
rector;
(10) carry out research initiatives regarding the
impact of technology, including—
(A) research into how technology affects
student achievement;
(B) long-term research into cognition and
learning issues as they relate to the uses of
technology;
(C) rigorous, peer-reviewed, large-scale,
long-term, and broadly applicable empirical re-
search that is designed to determine which ap-
proaches to the use of technology are most ef-
fective and cost-efficient in practice and under
what conditions; and
(D) field-based research on how teachers
implement technology and Internet-based re-
sources in the classroom, including an under-
standing 
how 
these 
resources 
are 
being
accessed, put to use, and the effectiveness of
such resources; and
(11) carry out research that is rigorous, peer-
reviewed, and large scale to determine which meth-
ods of mathematics and science teaching are most
effective, cost efficient, and able to be applied, dupli-
cated, and scaled up for use in elementary and sec-
ondary classrooms, including in low-performing
schools, to improve the teaching of, and student
achievement in, mathematics and science as required
under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
(b) ELIGIBILITY.—Research carried out under sub-
section (a) through contracts, grants, or cooperative
agreements shall be carried out only by recipients with the
ability and capacity to conduct scientifically valid research.
(c) NATIONAL RESEARCH AND DEVELOPMENT CEN-
TERS.—
(1) SUPPORT.—In carrying out activities under
subsection (a)(3), the Research Commissioner shall
support not less than 8 national research and devel-
opment centers. The Research Commissioner shall
assign each of the 8 national research and develop-
ment centers not less than 1 of the topics described
in paragraph (2). In addition, the Research Commis-
sioner may assign each of the 8 national research
and development centers additional topics of re-
search consistent with the mission and priorities of
the Institute and the mission of the Research Cen-
ter.
(2) TOPICS
OF
RESEARCH.—The Research
Commissioner shall support the following topics of
research, through national research and development
centers or through other means:
(A) Adult literacy.
(B) Assessment, standards, and account-
ability research.
(C) Early childhood development and edu-
cation.
(D) English language learners research.
(E) Improving low achieving schools.
(F) Innovation in education reform.
(G) State and local policy.
(H) Postsecondary education and training.
(I) Rural education.
(J) Teacher quality.
(K) Reading and literacy.
(3) DUTIES
OF
CENTERS.—The national re-
search and development centers shall address areas
of national need, including in educational technology
areas. The Research Commissioner may support ad-
ditional national research and development centers
to address topics of research not described in para-
graph (2) if such topics are consistent with the pri-
orities and mission of the Institute and the mission
of the Research Center. The research carried out by
the centers shall incorporate the potential or existing
role of educational technology, where appropriate, in
achieving the goals of each center.
(4) SCOPE.—Support for a national research
and development center shall be for a period of not
more than 5 years, shall be of sufficient size and
scope to be effective, and notwithstanding section
134(b), may be renewed without competition for not
more than 5 additional years if the Director, in con-
sultation with the Research Commissioner and the
Board, determines that the research of the national
research and development center—
(A) continues to address priorities of the
Institute; and
(B) merits renewal (applying the proce-
dures and standards established in section
134).
(5) LIMIT.—No national research and develop-
ment center may be supported under this subsection
for a period of more than 10 years without submit-
ting to a competitive process for the award of the
support.
(6) CONTINUATION OF AWARDS.—The Director
shall continue awards made to the national research
and development centers that are in effect on the
day before the date of enactment of this Act in ac-
cordance with the terms of those awards and may
renew them in accordance with paragraphs (4) and
(5).
(7) DISAGGREGATION.—To the extent feasible,
research conducted under this subsection shall be
disaggregated by age, race, gender, and socio-
economic background.
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF
RESEARCH.
(a) IN GENERAL.—In carrying out this part, the Re-
search Commissioner shall—
(1) ensure that all research conducted under
the direction of the Research Center follows scientif-
ically based research standards;
(2) develop such other standards as may be
necessary to govern the conduct and evaluation of all
research, development, and wide dissemination ac-
tivities carried out by the Research Center to assure
that such activities meet the highest standards of
professional excellence;
(3) review the procedures utilized by the Na-
tional Institutes of Health, the National Science
Foundation, and other Federal departments or agen-
cies engaged in research and development, and ac-
tively solicit recommendations from research organi-
zations and members of the general public in the de-
velopment of the standards described in paragraph
(2); and
(4) ensure that all research complies with Fed-
eral guidelines relating to research misconduct.
(b) PEER REVIEW.—
(1) IN GENERAL.—The Director shall establish
a peer review system, involving highly qualified indi-
viduals with an in-depth knowledge of the subject to
be investigated, for reviewing and evaluating all ap-
plications for grants and cooperative agreements
that exceed $100,000, and for evaluating and assess-
ing the products of research by all recipients of
grants and cooperative agreements under this Act.
(2) EVALUATION.—The Research Commissioner
shall—
(A) develop the procedures to be used in
evaluating applications for research grants, co-
operative agreements, and contracts, and speci-
fy the criteria and factors (including, as appli-
cable, the use of longitudinal data linking test
scores, enrollment, and graduation rates over
time) which shall be considered in making such
evaluations; and
(B) evaluate the performance of each re-
cipient of an award of a research grant, con-
tract, or cooperative agreement at the conclu-
sion of the award.
(c) LONG-TERM RESEARCH.—The Research Com-
missioner shall ensure that not less than 50 percent of
the funds made available for research for each fiscal year
shall be used to fund long-term research programs of not
less than 5 years, which support the priorities and mission
of the Institute and the mission of the Research Center.
PART C—NATIONAL CENTER FOR
EDUCATION STATISTICS
SEC. 151. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the
Institute a National Center for Education Statistics (in
this part referred to as the ‘‘Statistics Center’’).
(b) MISSION.—The mission of the Statistics Center
shall be—
(1) to collect and analyze education information
and statistics in a manner that meets the highest
methodological standards;
(2) to report education information and statis-
tics in a timely manner; and
(3) to collect, analyze, and report education in-
formation and statistics in a manner that—
(A) is objective, secular, neutral, and non-
ideological and is free of partisan political influ-
ence and racial, cultural, gender, or regional
bias; and
(B) is relevant and useful to practitioners,
researchers, policymakers, and the public.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commis-
sioner for Education Statistics (in this part referred to
as the ‘‘Statistics Commissioner’’) who shall be highly
qualified and have substantial knowledge of statistical
methodologies and activities undertaken by the Statistics
Center.
SEC. 153. DUTIES.
(a) GENERAL DUTIES.—The Statistics Center shall
collect, report, analyze, and disseminate statistical data re-
lated to education in the United States and in other na-
tions, including—
(1) collecting, acquiring, compiling (where ap-
propriate, on a State-by-State basis), and dissemi-
nating full and complete statistics (disaggregated by
the population characteristics described in paragraph
(3)) on the condition and progress of education, at
the preschool, elementary, secondary, postsecondary,
and adult levels in the United States, including data
on—
(A) State and local education reform ac-
tivities;
(B) State and local early childhood school
readiness activities;
(C) student achievement in, at a minimum,
the core academic areas of reading, mathe-
matics, and science at all levels of education;
(D) secondary school completions, drop-
outs, and adult literacy and reading skills;
(E) access to, and opportunity for, postsec-
ondary education, including data on financial
aid to postsecondary students;
(F) teaching, including—
(i) data on in-service professional de-
velopment, including a comparison of
courses taken in the core academic areas
of reading, mathematics, and science with
courses in noncore academic areas, includ-
ing technology courses; and
(ii) the percentage of teachers who are
highly qualified (as such term is defined in
section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
7801)) in each State and, where feasible,
in each local educational agency and
school;
(G) instruction, the conditions of the edu-
cation workplace, and the supply of, and de-
mand for, teachers;
(H) the incidence, frequency, seriousness,
and nature of violence affecting students, school
personnel, and other individuals participating in
school activities, as well as other indices of
school safety, including information regarding—
(i) the relationship between victims
and perpetrators;
(ii) demographic characteristics of the
victims and perpetrators; and
(iii) the type of weapons used in inci-
dents, as classified in the Uniform Crime
Reports of the Federal Bureau of Inves-
tigation;
(I) the financing and management of edu-
cation, including data on revenues and expendi-
tures;
(J) the social and economic status of chil-
dren, including their academic achievement;
(K) the existence and use of educational
technology and access to the Internet by stu-
dents and teachers in elementary schools and
secondary schools;
(L) access to, and opportunity for, early
childhood education;
(M) the availability of, and access to, be-
fore-school and after-school programs (including
such programs during school recesses);
(N) student participation in and comple-
tion of secondary and postsecondary vocational
and technical education programs by specific
program area; and
(O) the existence and use of school librar-
ies;
(2) conducting and publishing reports on the
meaning and significance of the statistics described
in paragraph (1);
(3) collecting, analyzing, cross-tabulating, and
reporting, to the extent feasible, information by gen-
der, race, ethnicity, socioeconomic status, limited
English proficiency, mobility, disability, urban, rural,
suburban districts, and other population characteris-
tics, when such disaggregated information will facili-
tate educational and policy decisionmaking;
(4) assisting public and private educational
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection
activities, which may include assisting State edu-
cational agencies and local educational agencies with
the disaggregation of data and with the development
of longitudinal student data systems;
(5) determining voluntary standards and guide-
lines to assist State educational agencies in devel-
oping statewide longitudinal data systems that link
individual student data consistent with the require-
ments of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.), promote link-
ages across States, and protect student privacy con-
sistent with section 183, to improve student aca-
demic achievement and close achievement gaps;
(6) acquiring and disseminating data on edu-
cational activities and student achievement (such as
the Third International Math and Science Study) in
the United States compared with foreign nations;
(7) conducting longitudinal and special data
collections necessary to report on the condition and
progress of education;
(8) assisting the Director in the preparation of
a biennial report, as described in section 119; and
(9) determining, in consultation with the Na-
tional Research Council of the National Academies,
methodology by which States may accurately meas-
ure graduation rates (defined as the percentage of
students who graduate from secondary school with a
regular diploma in the standard number of years),
school completion rates, and dropout rates.
(b) TRAINING PROGRAM.—The Statistics Commis-
sioner may establish a program to train employees of pub-
lic and private educational agencies, organizations, and in-
stitutions in the use of standard statistical procedures and
concepts, and may establish a fellowship program to ap-
point such employees as temporary fellows at the Statis-
tics Center, in order to assist the Statistics Center in car-
rying out its duties.
SEC. 154. PERFORMANCE OF DUTIES.
(a) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE
AGREEMENTS.—In carrying out the duties under this
part, the Statistics Commissioner, may award grants,
enter into contracts and cooperative agreements, and pro-
vide technical assistance.
(b) GATHERING INFORMATION.—
(1) SAMPLING.—The Statistics Commissioner
may use the statistical method known as sampling
(including random sampling) to carry out this part.
(2) SOURCE OF INFORMATION.—The Statistics
Commissioner may, as appropriate, use information
collected—
(A) from States, local educational agencies,
public and private schools, preschools, institu-
tions of higher education, vocational and adult
education programs, libraries, administrators,
teachers, students, the general public, and other
individuals, organizations, agencies, and institu-
tions (including information collected by States
and local educational agencies for their own
use); and
(B) by other offices within the Institute
and by other Federal departments, agencies,
and instrumentalities.
(3) COLLECTION.—The Statistics Commissioner
may—
(A) enter into interagency agreements for
the collection of statistics;
(B) arrange with any agency, organization,
or institution for the collection of statistics; and
(C) assign employees of the Statistics Cen-
ter to any such agency, organization, or institu-
tion to assist in such collection.
(4) TECHNICAL
ASSISTANCE
AND
COORDINA-
TION.—In order to maximize the effectiveness of De-
partment efforts to serve the educational needs of
children and youth, the Statistics Commissioner
shall—
(A) provide technical assistance to the De-
partment offices that gather data for statistical
purposes; and
(B) coordinate with other Department of-
fices in the collection of data.
(c) DURATION.—Notwithstanding any other provi-
sion of law, the grants, contracts, and cooperative agree-
ments under this section may be awarded, on a competi-
tive basis, for a period of not more than 5 years, and may
be renewed at the discretion of the Statistics Commis-
sioner for an additional period of not more than 5 years.
SEC. 155. REPORTS.
(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The
Statistics Commissioner, shall establish procedures, in ac-
cordance with section 186, to ensure that the reports
issued under this section are relevant, of high quality, use-
ful to customers, subject to rigorous peer review, produced
in a timely fashion, and free from any partisan political
influence.
(b) REPORT ON CONDITION AND PROGRESS OF EDU-
CATION.—Not later than June 1, 2003, and each June
1 thereafter, the Statistics Commissioner, shall submit to
the President and the appropriate congressional commit-
tees a statistical report on the condition and progress of
education in the United States.
(c) STATISTICAL REPORTS.—The Statistics Commis-
sioner shall issue regular and, as necessary, special statis-
tical reports on education topics, particularly in the core
academic areas of reading, mathematics, and science, con-
sistent with the priorities and the mission of the Statistics
Center.
SEC. 156. DISSEMINATION.
(a) GENERAL REQUESTS.—
(1) IN GENERAL.—The Statistics Center may
furnish transcripts or copies of tables and other sta-
tistical records and make special statistical compila-
tions and surveys for State and local officials, public
and private organizations, and individuals.
(2) COMPILATIONS.—The Statistics Center
shall provide State educational agencies, local edu-
cational agencies, and institutions of higher edu-
cation with opportunities to suggest the establish-
ment of particular compilations of statistics, surveys,
and analyses that will assist those educational agen-
cies.
(b) CONGRESSIONAL
REQUESTS.—The Statistics
Center shall furnish such special statistical compilations
and surveys as the relevant congressional committees may
request.
(c) JOINT STATISTICAL PROJECTS.—The Statistics
Center may engage in joint statistical projects related to
the mission of the Center, or other statistical purposes au-
thorized by law, with nonprofit organizations or agencies,
and the cost of such projects shall be shared equitably as
determined by the Secretary.
(d) FEES.—
(1) IN GENERAL.—Statistical compilations and
surveys under this section, other than those carried
out pursuant to subsections (b) and (c), may be
made subject to the payment of the actual or esti-
mated cost of such work.
(2) FUNDS RECEIVED.—All funds received in
payment for work or services described in this sub-
section may be used to pay directly the costs of such
work or services, to repay appropriations that ini-
tially bore all or part of such costs, or to refund ex-
cess sums when necessary.
(e) ACCESS.—
(1) OTHER AGENCIES.—The Statistics Center
shall, consistent with section 183, cooperate with
other Federal agencies having a need for educational
data in providing access to educational data received
by the Statistics Center.
(2) INTERESTED PARTIES.—The Statistics Cen-
ter shall, in accordance with such terms and condi-
tions as the Center may prescribe, provide all inter-
ested parties, including public and private agencies,
parents, and other individuals, direct access, in the
most appropriate form (including, where possible,
electronically), to data collected by the Statistics
Center for the purposes of research and acquiring
statistical information.
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may establish 1 or more na-
tional cooperative education statistics systems for the pur-
pose of producing and maintaining, with the cooperation
of the States, comparable and uniform information and
data on early childhood education, elementary and sec-
ondary education, postsecondary education, adult edu-
cation, and libraries, that are useful for policymaking at
the Federal, State, and local levels.
SEC. 158. STATE DEFINED.
In this part, the term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
PART D—NATIONAL CENTER FOR EDU-
CATION EVALUATION AND REGIONAL
ASSISTANCE
SEC. 171. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the
Institute a National Center for Education Evaluation and
Regional Assistance (in this part referred to as the ‘‘Eval-
uation Center’’).
(b) MISSION.—The mission of the Evaluation Center
shall be—
(1) to provide technical assistance;
(2) to conduct evaluations of Federal education
programs administered by the Secretary (and as
time and resources allow, other education programs)
to determine the impact of such programs (especially
on student academic achievement in the core aca-
demic areas of reading, mathematics, and science);
(3) to support synthesis and wide dissemination
of results of evaluation, research, and products de-
veloped; and
(4) to encourage the use of scientifically valid
education research and evaluation throughout the
United States.
(c) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE
AGREEMENTS.—In carrying out the duties under this
part, the Director may award grants, enter into contracts
and cooperative agreements, and provide technical assist-
ance.
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION
AND REGIONAL ASSISTANCE.
(a) IN GENERAL.—The National Center for Edu-
cation Evaluation and Regional Assistance shall be headed
by a Commissioner for Education Evaluation and Re-
gional Assistance (in this part referred to as the ‘‘Evalua-
tion Commissioner’’) who is highly qualified and has dem-
onstrated a capacity to carry out the mission of the Center
and shall—
(1) conduct evaluations pursuant to section
173;
(2) widely disseminate information on scientif-
ically valid research, statistics, and evaluation on
education, particularly to State educational agencies
and local educational agencies, to institutions of
higher education, to the public, the media, voluntary
organizations, professional associations, and other
constituencies, especially with respect to information
relating to, at a minimum—
(A) the core academic areas of reading,
mathematics, and science;
(B) closing the achievement gap between
high-performing students and low-performing
students;
(C) educational practices that improve aca-
demic achievement and promote learning;
(D) education technology, including soft-
ware; and
(E) those topics covered by the Edu-
cational Resources Information Center Clear-
inghouses (established under section 941(f) of
the Educational Research, Development, Dis-
semination, and Improvement Act of 1994 (20
U.S.C. 6041(f)) (as such provision was in effect
on the day before the date of enactment of this
Act);
(3) make such information accessible in a user-
friendly, timely, and efficient manner (including
through use of a searchable Internet-based online
database that shall include all topics covered in
paragraph (2)(E)) to schools, institutions of higher
education, educators (including early childhood edu-
cators), parents, administrators, policymakers, re-
searchers, public and private entities (including pro-
viders of early childhood services), entities respon-
sible for carrying out technical assistance through
the Department, and the general public;
(4) support the regional educational labora-
tories in conducting applied research, the develop-
ment and dissemination of educational research,
products and processes, the provision of technical as-
sistance, and other activities to serve the educational
needs of such laboratories’ regions;
(5) manage the National Library of Education
described in subsection (d), and other sources of dig-
ital information on education research;
(6) assist the Director in the preparation of a
biennial report, described in section 119; and
(7) award a contract for a prekindergarten
through grade 12 mathematics and science teacher
clearinghouse.
(b) ADDITIONAL DUTIES.—In carrying out sub-
section (a), the Evaluation Commissioner shall—
(1) ensure that information disseminated under
this section is provided in a cost-effective, non-
duplicative manner that includes the most current
research findings, which may include through the
continuation of individual clearinghouses authorized
under the Educational Research, Development, Dis-
semination, and Improvement Act of 1994 (title IX
of the Goals 2000: Educate America Act; 20 U.S.C.
6001 et seq.) (as such Act existed on the day before
the date of enactment of this Act);
(2) describe prominently the type of scientific
evidence that is used to support the findings that
are disseminated;
(3) explain clearly the scientifically appropriate
and inappropriate uses of—
(A) the findings that are disseminated; and
(B) the types of evidence used to support
those findings; and
(4) respond, as appropriate, to inquiries from
schools, educators, parents, administrators, policy-
makers, researchers, public and private entities, and
entities responsible for carrying out technical assist-
ance.
(c) CONTINUATION.—The Director shall continue
awards for the support of the Educational Resources In-
formation Center Clearinghouses and contracts for re-
gional educational laboratories (established under sub-
sections (f) and (h) of section 941 of the Educational Re-
search, Development, Dissemination, and Improvement
Act of 1994 (20 U.S.C. 6041(f) and (h)) (as such awards
were in effect on the day before the date of enactment
of this Act)) for the duration of those awards, in accord-
ance with the terms and agreements of such awards.
(d) NATIONAL LIBRARY OF EDUCATION.—
(1) ESTABLISHMENT.—There is established
within the Evaluation Center a National Library of
Education that shall—
(A) be headed by an individual who is
highly qualified in library science;
(B) collect and archive information;
(C) provide a central location within the
Federal Government for information about edu-
cation;
(D) provide comprehensive reference serv-
ices on matters related to education to employ-
ees of the Department of Education and its
contractors and grantees, other Federal employ-
ees, and members of the public; and
(E) promote greater cooperation and re-
source sharing among providers and reposi-
tories of education information in the United
States.
(2) INFORMATION.—The information collected
and archived by the National Library of Education
shall include—
(A) products and publications developed
through, or supported by, the Institute; and
(B) other relevant and useful education-re-
lated research, statistics, and evaluation mate-
rials and other information, projects, and publi-
cations that are—
(i) consistent with—
(I) scientifically valid research; or
(II) the priorities and mission of
the Institute; and
(ii) developed by the Department,
other Federal agencies, or entities (includ-
ing entities supported under the Edu-
cational Technical Assistance Act of 2002
and the Educational Resources Informa-
tion Center Clearinghouses (established
under section 941(f) of the Educational
Research, 
Development, 
Dissemination,
and Improvement Act of 1994 (20 U.S.C.
6041(f)) (as such provision was in effect
on the day before the date of enactment of
this Act))).
SEC. 173. EVALUATIONS.
(a) IN GENERAL.—
(1) REQUIREMENTS.—In carrying out its mis-
sions, the Evaluation Center may—
(A) conduct or support evaluations con-
sistent with the Center’s mission as described in
section 171(b);
(B) evaluate programs under title I of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(C) to the extent practicable, examine eval-
uations conducted or supported by others in
order to determine the quality and relevance of
the evidence of effectiveness generated by those
evaluations, with the approval of the Director;
(D) coordinate the activities of the Evalua-
tion Center with other evaluation activities in
the Department;
(E) review and, where feasible, supplement
Federal education program evaluations, particu-
larly those by the Department, to determine or
enhance the quality and relevance of the evi-
dence generated by those evaluations;
(F) establish evaluation methodology; and
(G) assist the Director in the preparation
of the biennial report, as described in section
119.
(2) ADDITIONAL REQUIREMENTS.—Each eval-
uation conducted by the Evaluation Center pursuant
to paragraph (1) shall—
(A) adhere to the highest possible stand-
ards of quality for conducting scientifically valid
education evaluation; and
(B) be subject to rigorous peer-review.
(b) ADMINISTRATION
OF
EVALUATIONS
UNDER
TITLE I OF THE ELEMENTARY AND SECONDARY EDU-
CATION ACT OF 1965.—The Evaluation Commissioner,
consistent with the mission of the Evaluation Center
under section 171(b), shall administer all operations and
contracts associated with evaluations authorized by part
E of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6491 et seq.) and administered
by the Department as of the date of enactment of this
Act.
SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR
RESEARCH, DEVELOPMENT, DISSEMINATION,
AND TECHNICAL ASSISTANCE.
(a) REGIONAL EDUCATIONAL LABORATORIES.—The
Director shall enter into contracts with entities to estab-
lish a networked system of 10 regional educational labora-
tories that serve the needs of each region of the United
States in accordance with the provisions of this section.
The amount of assistance allocated to each laboratory by
the Evaluation Commissioner shall reflect the number of
local educational agencies and the number of school-age
children within the region served by such laboratory, as
well as the cost of providing services within the geographic
area encompassed by the region.
(b) REGIONS.—The regions served by the regional
educational laboratories shall be the 10 geographic regions
served by the regional educational laboratories established
under section 941(h) of the Educational Research, Devel-
opment, Dissemination, and Improvement Act of 1994 (as
such provision existed on the day before the date of enact-
ment of this Act).
(c) ELIGIBLE APPLICANTS.—The Director may enter
into contracts under this section with research organiza-
tions, institutions, agencies, institutions of higher edu-
cation, or partnerships among such entities, or individuals,
with the demonstrated ability or capacity to carry out the
activities described in this section, including regional enti-
ties that carried out activities under the Educational Re-
search, Development, Dissemination, and Improvement
Act of 1994 (as such Act existed on the day before the
date of enactment of this Act) and title XIII of the Ele-
mentary and Secondary Education Act of 1965 (as such
title existed on the day before the date of enactment of
the No Child Left Behind Act of 2001 (Public Law 107–
110)).
(d) APPLICATIONS.—
(1) SUBMISSION.—Each applicant desiring a
contract under this section shall submit an applica-
tion at such time, in such manner, and containing
such information as the Director may reasonably re-
quire.
(2) PLAN.—Each application submitted under
paragraph (1) shall contain a 5-year plan for car-
rying out the activities described in this section in
a manner that addresses the priorities established
under section 207 and addresses the needs of all
States (and to the extent practicable, of local edu-
cational agencies) within the region to be served by
the regional educational laboratory, on an ongoing
basis.
(e) ENTERING INTO CONTRACTS.—
(1) IN GENERAL.—In entering into contracts
under this section, the Director shall—
(A) enter into contracts for a 5-year pe-
riod; and
(B) ensure that regional educational lab-
oratories established under this section have
strong and effective governance, organization,
management, and administration, and employ
qualified staff.
(2) COORDINATION.—In order to ensure coordi-
nation and prevent unnecessary duplication of activi-
ties among the regions, the Evaluation Commis-
sioner shall—
(A) share information about the activities
of each regional educational laboratory awarded
a contract under this section with each other
regional educational laboratory awarded a con-
tract under this section and with the Depart-
ment of Education, including the Director and
the Board;
(B) oversee a strategic plan for ensuring
that 
each 
regional 
educational 
laboratory
awarded a contract under this section increases
collaboration and resource-sharing in such ac-
tivities;
(C) ensure, where appropriate, that the ac-
tivities of each regional educational laboratory
awarded a contract under this section also serve
national interests; and
(D) ensure that each regional educational
laboratory awarded a contract under this sec-
tion coordinates such laboratory’s activities with
the activities of each other regional technical
assistance provider.
(3) OUTREACH.—In conducting competitions
for contracts under this section, the Director shall—
(A) actively encourage eligible entities to
compete for such awards by making information
and technical assistance relating to the competi-
tion widely available; and
(B) seek input from the chief executive of-
ficers of States, chief State school officers, edu-
cators, and parents regarding the need for ap-
plied research, wide dissemination, training,
technical assistance, and development activities
authorized by this title in the regions to be
served by the regional educational laboratories
and how those educational needs could be ad-
dressed most effectively.
(4) OBJECTIVES AND INDICATORS.—Before en-
tering into a contract under this section, the Direc-
tor shall design specific objectives and measurable
indicators to be used to assess the particular pro-
grams or initiatives, and ongoing progress and per-
formance, of the regional educational laboratories, in
order to ensure that the educational needs of the re-
gion are being met and that the latest and best re-
search and proven practices are being carried out as
part of school improvement efforts.
(5) STANDARDS.—The Evaluation Commis-
sioner shall establish a system for technical and peer
review to ensure that applied research activities, re-
search-based reports, and products of the regional
educational laboratories are consistent with the re-
search standards described in section 134 and the
evaluation standards adhered to pursuant to section
173(a)(2)(A).
(f) CENTRAL MISSION AND PRIMARY FUNCTION.—
Each regional educational laboratory awarded a contract
under this section shall support applied research, develop-
ment, wide dissemination, and technical assistance activi-
ties by—
(1) providing training (which may include sup-
porting internships and fellowships and providing
stipends) and technical assistance to State edu-
cational 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 Sec-
ondary Education Act of 1965 (20 U.S.C. 6301
et seq.);
(B) scientifically valid research in edu-
cation on teaching methods, assessment tools,
and high quality, challenging curriculum frame-
works 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 profes-
sional development strategies and the use
of educational technology to improve teach-
ing and learning; and
(C) the facilitation of communication be-
tween educational experts, school officials, and
teachers, parents, and librarians, to enable such
individuals to assist schools to develop a plan to
meet the State education goals;
(2) developing and widely disseminating, includ-
ing through Internet-based means, scientifically valid
research, information, reports, and publications that
are usable for improving academic achievement, clos-
ing achievement gaps, and encouraging and sus-
taining school improvement, to—
(A) schools, districts, institutions of higher
education, educators (including early childhood
educators and librarians), parents, policy-
makers, and other constituencies, as appro-
priate, within the region in which the regional
educational laboratory is located; and
(B) the Evaluation Center;
(3) developing a plan for identifying and serv-
ing the needs of the region by conducting a con-
tinuing survey of the educational needs, strengths,
and weaknesses within the region, including a proc-
ess of open hearings to solicit the views of schools,
teachers, administrators, parents, local educational
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 edu-
cational laboratory or the Department, carrying out
applied research projects that are designed to serve
the particular educational needs (in prekindergarten
through grade 16) of the region in which the re-
gional educational laboratory is located, that reflect
findings from scientifically valid research, and that
result in user-friendly, replicable school-based class-
room applications geared toward promoting in-
creased 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 de-
velopment activities and needs of the region by pro-
viding educational applied research in usable forms
to promote school-improvement, academic achieve-
ment, and the closing of achievement gaps and con-
tributing to the current base of education knowledge
by addressing enduring problems in elementary and
secondary education and access to postsecondary
education;
(6) collaborating and coordinating services with
other technical assistance providers funded by the
Department of Education;
(7) assisting in gathering information on school
finance systems to promote improved access to edu-
cational opportunities and to better serve all public
school students;
(8) assisting in gathering information on alter-
native administrative structures that are more con-
ducive to planning, implementing, and sustaining
school reform and improved academic achievement;
(9) bringing teams of experts together to de-
velop and implement school improvement plans and
strategies, especially in low-performing or high pov-
erty schools; and
(10) developing innovative approaches to the
application of technology in education that are un-
likely to originate from within the private sector, but
which could result in the development of new forms
of education software, education content, and tech-
nology-enabled pedagogy.
(g) ACTIVITIES.—Each regional educational labora-
tory 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 con-
ducted through the National Education Centers
in the work of such laboratory;
(B) keep the National Education Centers
apprised of the work of the regional educational
laboratory in the field; and
(C) inform the National Education Centers
about additional research needs identified in the
field.
(2) Consult with the State educational agencies
and local educational agencies in the region in devel-
oping the plan for serving the region.
(3) Develop strategies to utilize schools as crit-
ical components in reforming education and revital-
izing rural communities in the United States.
(4) Report and disseminate information on
overcoming the obstacles faced by educators and
schools in high poverty, urban, and rural areas.
(5) Identify successful educational programs
that have either been developed by such laboratory
in carrying out such laboratory’s functions or that
have been developed or used by others within the re-
gion served by the laboratory and make such infor-
mation available to the Secretary and the network of
regional educational laboratories so that such pro-
grams may be considered for inclusion in the na-
tional education dissemination system.
(h) GOVERNING BOARD AND ALLOCATION.—
(1) IN GENERAL.—In carrying out its respon-
sibilities, 
each 
regional 
educational 
laboratory
awarded a contract under this section, in keeping
with the terms and conditions of such laboratory’s
contract, shall—
(A) establish a governing board that—
(i) reflects a balanced representation
of—
(I) the States in the region;
(II) the interests and concerns of
regional constituencies; and
(III) technical expertise;
(ii) includes the chief State school of-
ficer or such officer’s designee of each
State represented in such board’s region;
(iii) includes—
(I) representatives nominated by
chief executive officers of States and
State organizations of superintend-
ents, principals, institutions of higher
education, teachers, parents, busi-
nesses, 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 labora-
tory in carrying out the provisions of
this subsection and satisfying the
terms and conditions of the contract
award;
(II) 
determines 
the 
regional
agenda of the laboratory;
(III) engages in an ongoing dia-
logue with the Evaluation Commis-
sioner concerning the laboratory’s
goals, activities, and priorities; and
(IV) determines at the start of
the contract period, subject to the re-
quirements of this section and in con-
sultation with the Evaluation Com-
missioner, the mission of the regional
educational laboratory for the dura-
tion of the contract period;
(v) ensures that the regional edu-
cational laboratory attains and maintains a
high level of quality in the laboratory’s
work and products;
(vi) establishes standards to ensure
that the regional educational laboratory
has strong and effective governance, orga-
nization, management, and administration,
and employs qualified staff;
(vii) directs the regional educational
laboratory to carry out the laboratory’s du-
ties in a manner that will make progress
toward achieving the State education goals
and reforming schools and educational sys-
tems; and
(viii) conducts a continuing survey of
the educational needs, strengths, and
weaknesses within the region, including a
process of open hearings to solicit the
views of schools and teachers; and
(B) allocate the regional educational lab-
oratory’s resources to and within each State in
a manner which reflects the need for assistance,
taking into account such factors as the propor-
tion of economically disadvantaged students, the
increased cost burden of service delivery in
areas of sparse populations, and any special ini-
tiatives being undertaken by State, inter-
mediate, local educational agencies, or Bureau-
funded schools, as appropriate, which may re-
quire special assistance from the laboratory.
(2) SPECIAL RULE.—If a regional educational
laboratory needs flexibility in order to meet the re-
quirements of paragraph (1)(A)(i), the regional edu-
cational laboratory may select not more than 10 per-
cent 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 im-
prove the efficiency and effectiveness of the regional edu-
cational laboratories, the governing boards of the regional
educational laboratories shall establish and maintain a
network to—
(1) share information about the activities each
laboratory is carrying out;
(2) plan joint activities that would meet the
needs of multiple regions;
(3) create a strategic plan for the development
of activities undertaken by the laboratories to reduce
redundancy and increase collaboration and resource-
sharing in such activities; and
(4) otherwise devise means by which the work
of the individual laboratories could serve national, as
well as regional, needs.
(j) EVALUATIONS.—The Evaluation 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 labora-
tory receives assistance under this section in accordance
with the standards developed by the Evaluation 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 edu-
cational laboratory governing board.
(k) RULE
OF CONSTRUCTION.—No regional edu-
cational laboratory receiving assistance under this section
shall, by reason of the receipt of that assistance, be ineli-
gible to receive any other assistance from the Department
of Education as authorized by law or be prohibited from
engaging in activities involving international projects or
endeavors.
(l) ADVANCE PAYMENT SYSTEM.—Each regional
educational laboratory awarded a contract under this sec-
tion shall participate in the advance payment system at
the Department of Education.
(m) ADDITIONAL PROJECTS.—In addition to activi-
ties authorized under this section, the Director is author-
ized to enter into contracts or agreements with a regional
educational laboratory for the purpose of carrying out ad-
ditional projects to enable such regional educational lab-
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 construed to authorize the establishment of a nation-
wide 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 au-
thorize 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.—Notwith-
standing any other provision of Federal law, no funds pro-
vided under this title to the Institute, including any office,
board, committee, or center of the Institute, may be used
by the Institute to endorse, approve, or sanction any cur-
riculum designed to be used in an elementary school or
secondary school.
(d) FEDERALLY SPONSORED TESTING.—
(1) IN GENERAL.—Subject to paragraph (2), no
funds provided under this title to the Secretary or
to the recipient of any award may be used to de-
velop, pilot test, field test, implement, administer, or
distribute any federally sponsored national test in
reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law.
(2) EXCEPTIONS.—Subsection (a) shall not
apply to international comparative assessments de-
veloped under the authority of section 153(a)(6) of
this title or section 404(a)(6) of the National Edu-
cation 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 sections 444 and 445
of the General Education Provisions Act (20 U.S.C.
1232g, 1232h).
(b) STUDENT INFORMATION.—The Director shall en-
sure that all individually identifiable information about
students, their academic achievements, their families, and
information with respect to individual schools, shall re-
main 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 Insti-
tute, including any office, board, committee, or center of
the Institute, in carrying out the priorities and mission
of the Institute, shall be made available to the public, in-
cluding through use of the Internet.
SEC. 185. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted
or supported by the Institute or a National Education
Center make customer service a priority. The Director
shall ensure a high level of customer satisfaction through
the following methods:
(1) Establishing and improving feedback mech-
anisms in order to anticipate customer needs.
(2) Disseminating information in a timely fash-
ion and in formats that are easily accessible and us-
able 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 collec-
tion and timely distribution of information, including
data and reports.
(4) Establishing and measuring performance
against a set of indicators for the quality of data
collected, analyzed, and reported.
(5) Continuously improving management strate-
gies and practices.
(6) Making information available to the public
in an expeditious fashion.
SEC. 186. AUTHORITY TO PUBLISH.
(a) PUBLICATION.—The Director may prepare and
publish (including through oral presentation) such re-
search, statistics (consistent with part C), and evaluation
information and reports from any office, board, com-
mittee, and center of the Institute, as needed to carry out
the priorities and mission of the Institute without the ap-
proval of the Secretary or any other office of the Depart-
ment.
(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 eval-
uation reports conducted by, or supported through, the In-
stitute shall be subjected to rigorous peer review before
being published or otherwise made available to the public.
(d) ITEMS NOT COVERED.—Nothing in subsections
(a), (b), or (c) shall be construed to apply to—
(1) information on current or proposed budgets,
appropriations, or legislation;
(2) information prohibited from disclosure by
law or the Constitution, classified national security
information, or information described in section
552(b) of title 5, United States Code; and
(3) review by officers of the United States in
order to prevent the unauthorized disclosure of in-
formation 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 of-
fice, board, committee, or center of the Institute shall be
filled in the manner in which the original appointment was
made. This section does not apply to employees appointed
under section 188.
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) IN GENERAL.—The Director may appoint, for
terms not to exceed 6 years (without regard to the provi-
sions of title 5, United States Code, governing appoint-
ment in the competitive service) and may compensate
(without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to classi-
fication 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, respec-
tively, 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 com-
pete for such position;
(2) the rate of basic pay for such employees
does not exceed the maximum rate of basic pay pay-
able for positions at GS–15, as determined in ac-
cordance with section 5376 of title 5, United States
Code, except that not more than 7 individuals ap-
pointed 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 nec-
essary (as determined by the Director on the basis
of clear and convincing evidence) to provide the In-
stitute or the office, board, committee, or center
with scientific or technical expertise which could not
otherwise be obtained by the Institute or the office,
board, committee, or center through the competitive
service; and
(4) the total number of such employees does not
exceed 40 individuals or 1⁄5 of the number of full-
time, regular scientific or professional employees of
the Institute, whichever is greater.
(b) DUTIES
OF EMPLOYEES.—All employees de-
scribed in subsection (a) shall work on activities of the
Institute or the office, board, committee, or center, and
shall not be reassigned to other duties outside the Insti-
tute 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 re-
search, evaluation, and statistics fellowships in institutions
of higher education (which may include the establishment
of such fellowships in historically Black colleges and uni-
versities 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 fellow-
ships, the Director shall ensure that women and minorities
are actively recruited for participation.
SEC. 190. VOLUNTARY SERVICE.
The Director may accept voluntary and uncompen-
sated 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 Edu-
cation Provisions Act (20 U.S.C. 1232(d)), the exemption
for public property, loans, grants, and benefits in section
553(a)(2) of title 5, United States Code, shall apply to
the Institute.
SEC. 192. 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 and each member
of the Board 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.
SEC. 194. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to administer and carry out this title (except sec-
tion 174) $400,000,000 for fiscal year 2003 and such
sums as may be necessary for each of the 5 succeeding
fiscal years, of which—
(1) not less than the amount provided to the
National Center for Education Statistics (as such
Center was in existence on the day before the date
of enactment of this Act) for fiscal year 2002 shall
be provided to the National Center for Education
Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of
such funds or $1,000,000 shall be made available to
carry out section 116 (relating to the National
Board for Education Sciences).
(b) REGIONAL
EDUCATIONAL
LABORATORIES.—
There are authorized to be appropriated to carry out sec-
tion 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 re-
spect to rural areas (including schools funded by the Bu-
reau 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 Education 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 au-
thorized to award not less than 20 grants to local
entities, or consortia of such entities, with dem-
onstrated expertise in providing technical assistance
and professional development in reading, mathe-
matics, science, and technology, especially to low-
performing schools and districts, to establish com-
prehensive centers.
(2) REGIONS.—In awarding grants under para-
graph (1), the Secretary—
(A) shall ensure that not less than 1 com-
prehensive center is established in each of the
10 geographic regions served by the regional
educational laboratories established under sec-
tion 941(h) of the Educational Research, Devel-
opment, Dissemination, and Improvement Act
of 1994 (as such provision existed on the day
before the date of enactment of this Act); and
(B) after meeting the requirements of sub-
paragraph (A), shall consider, in awarding the
remainder of the grants, the school-age popu-
lation, proportion of economically disadvantaged
students, the increased cost burdens of service
delivery in areas of sparse population, and the
number of schools identified for school improve-
ment (as described in section 1116(b) of the El-
ementary and Secondary Education Act of 1965
(20 U.S.C. 6316(b)) in the population served by
the local entity or consortium of such entities.
(b) ELIGIBLE APPLICANTS.—
(1) IN
GENERAL.—Grants under this section
may be made with research organizations, institu-
tions, agencies, institutions of higher education, or
partnerships among such entities, or individuals,
with the demonstrated ability or capacity to carry
out the activities described in subsection (f), includ-
ing regional entities that carried out activities under
the Educational Research, Development, Dissemina-
tion, and Improvement Act of 1994 (as such Act ex-
isted on the day before the date of enactment of this
Act) and title XIII of the Elementary and Secondary
Education Act of 1965 (as such title existed on the
day before the date of enactment of the No Child
Left Behind Act of 2001 (Public Law 107–110)).
(2) OUTREACH.—In conducting competitions
for grants under this section, the Secretary shall ac-
tively encourage potential applicants to compete for
such awards by making widely available information
and technical assistance relating to the competition.
(3) OBJECTIVES
AND
INDICATORS.—Before
awarding a grant under this section, the Secretary
shall design specific objectives and measurable indi-
cators, using the results of the assessment conducted
under section 206, to be used to assess the par-
ticular programs or initiatives, and ongoing progress
and performance, of the regional entities, in order to
ensure that the educational needs of the region are
being met and that the latest and best research and
proven practices are being carried out as part of
school improvement efforts.
(c) APPLICATION.—
(1) SUBMISSION.—Each local entity, or consor-
tium of such entities, seeking a grant under this sec-
tion shall submit an application at such time, in
such manner, and containing such additional infor-
mation as the Secretary may reasonably require.
(2) PLAN.—Each application submitted under
paragraph (1) shall contain a 5-year plan for car-
rying out the activities described in this section in
a manner that addresses the priorities established
under section 207 and addresses the needs of all
States (and to the extent practicable, of local edu-
cational agencies) within the region to be served by
the comprehensive center, on an ongoing basis.
(d) ALLOCATION.—Each comprehensive center estab-
lished under this section shall allocate such center’s re-
sources to and within each State in a manner which re-
flects 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 center.
(e) SCOPE OF WORK.—Each comprehensive center
established under this section shall work with State edu-
cational agencies, local educational agencies, regional edu-
cational agencies, and schools in the region where such
center is located on school improvement activities that
take into account factors such as the proportion of eco-
nomically disadvantaged students in the region, and give
priority to—
(1) schools in the region with high percentages
or numbers of students from low-income families, as
determined under section 1113(a)(5) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 6313(a)(5)), including such schools in rural
and urban areas, and schools receiving assistance
under title I of that Act (20 U.S.C. 6301 et seq.);
(2) local educational agencies in the region in
which high percentages or numbers of school-age
children are from low-income families, as determined
under section 1124(c)(1)(A) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)), including such local educational
agencies in rural and urban areas; and
(3) schools in the region that have been identi-
fied for school improvement under section 1116(b)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(b)).
(f) ACTIVITIES.—
(1) IN GENERAL.—A comprehensive center es-
tablished under this section shall support dissemina-
tion and technical assistance activities by—
(A) providing training, professional devel-
opment, and technical assistance regarding, at
a minimum—
(i) the administration and implemen-
tation of programs under the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
(ii) the use of scientifically valid
teaching methods and assessment tools for
use by teachers and administrators in, at
a minimum—
(I) the core academic subjects of
mathematics, science, and reading or
language arts;
(II) English language acquisition;
and
(III) education technology; and
(iii) the facilitation of communication
between education experts, school officials,
teachers, parents, and librarians, as appro-
priate; and
(B) disseminating and providing informa-
tion, reports, and publications that are usable
for improving academic achievement, closing
achievement gaps, and encouraging and sus-
taining school improvement (as described in
section 1116(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
6316(b))), to schools, educators, parents, and
policymakers within the region in which the
center is located; and
(C) developing teacher and school leader
inservice and preservice training models that il-
lustrate best practices in the use of technology
in different content areas.
(2) COORDINATION
AND
COLLABORATION.—
Each comprehensive center established under this
section shall coordinate its activities, collaborate,
and regularly exchange information with the regional
educational laboratory in the region in which the
center is located, the National Center for Education
Evaluation and Regional Assistance, the Office of
the Secretary, the State service agency, and other
technical assistance providers in the region.
(g) COMPREHENSIVE CENTER ADVISORY BOARD.—
(1) 
ESTABLISHMENT.—Each 
comprehensive
center established under this section shall have an
advisory board that shall support the priorities of
such center.
(2) DUTIES.—Each advisory board established
under paragraph (1) shall advise the comprehensive
center—
(A) concerning the activities described in
subsection (d);
100
(B) on strategies for monitoring and ad-
dressing the educational needs of the region, on
an ongoing basis;
(C) on maintaining a high standard of
quality in the performance of the center’s ac-
tivities; and
(D) on carrying out the center’s duties in
a manner that promotes progress toward im-
proving student academic achievement.
(3) COMPOSITION.—
(A) IN
GENERAL.—Each advisory board
shall be composed of—
(i) the chief State school officers, or
such officers’ designees or other State offi-
cials, in each State served by the com-
prehensive center who have primary re-
sponsibility under State law for elementary
and secondary education in the State; and
(ii) not more than 15 other members
who are representative of the educational
interests in the region served by the com-
prehensive center and are selected jointly
by the officials specified in clause (i) and
the chief executive officer of each State
101
served by the comprehensive center, includ-
ing the following:
(I) Representatives of local edu-
cational agencies and regional edu-
cational agencies, including represent-
atives of local educational agencies
serving urban and rural areas.
(II) Representatives of institu-
tions of higher education.
(III) Parents.
(IV) Practicing educators, includ-
ing classroom teachers, principals,
and administrators.
(V) Representatives of business.
(VI) Policymakers, expert practi-
tioners, and researchers with knowl-
edge of, and experience using, the re-
sults of research, evaluation, and sta-
tistics.
(B) SPECIAL
RULE.—In the case of a
State in which the chief executive officer has
the primary responsibility under State law for
elementary and secondary education in the
State, the chief executive officer shall consult,
to the extent permitted by State law, with the
102
State educational agency in selecting additional
members of the board under subparagraph
(A)(i).
(h) REPORT TO SECRETARY.—Each comprehensive
center established under this section shall submit to the
Secretary an annual report, at such time, in such manner,
and containing such information as the Secretary may re-
quire, which shall include the following:
(1) A summary of the comprehensive center’s
activities during the preceding year.
(2) A listing of the States, local educational
agencies, and schools the comprehensive center as-
sisted during the preceding year.
SEC. 204. EVALUATIONS.
The Secretary shall provide for ongoing independent
evaluations by the National Center for Education Evalua-
tion and Regional Assistance of the comprehensive centers
receiving assistance under this title, the results of which
shall be transmitted to the appropriate congressional com-
mittees and the Director of the Institute of Education
Sciences. Such evaluations shall include an analysis of the
services provided under this title, the extent to which each
of the comprehensive centers meets the objectives of its
respective plan, and whether such services meet the edu-
103
cational needs of State educational agencies, local edu-
cational agencies, and schools in the region.
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.
The Secretary shall continue awards for the support
of the Eisenhower Regional Mathematics and Science
Education Consortia established under part M of the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994 (as such part existed on the day
before the date of enactment of this Act), the Regional
Technology in Education Consortia under section 3141 of
the Elementary and Secondary Education Act of 1965 (as
such section existed on the day before the date of enact-
ment of the No Child Left Behind Act of 2001 (Public
Law 107–110)), and the Comprehensive Regional Assist-
ance Centers established under part K of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994 (as such part existed on the day before the
date of enactment of this Act), in accordance with the
terms of such awards, until the comprehensive centers au-
thorized under section 203 are established.
SEC. 206. REGIONAL ADVISORY COMMITTEES.
(a) ESTABLISHMENT.—Beginning in 2004, the Sec-
retary shall establish a regional advisory committee for
each region described in section 174(b) of the Education
Sciences Reform Act of 2002.
104
(b) MEMBERSHIP.—
(1) COMPOSITION.—The membership of each
regional advisory committee shall—
(A) not exceed 25 members;
(B) contain a balanced representation of
States in the region; and
(C) include not more than one representa-
tive of each State educational agency geographi-
cally located in the region.
(2) ELIGIBILITY.—The membership of each re-
gional advisory committee may include the following:
(A) Representatives of local educational
agencies, including rural and urban local edu-
cational agencies.
(B) Representatives of institutions of high-
er education, including individuals representing
university-based education research and univer-
sity-based research on subjects other than edu-
cation.
(C) Parents.
(D) Practicing educators, including class-
room 
teachers, 
principals, 
administrators,
school board members, and other local school
officials.
(E) Representatives of business.
105
(F) Researchers.
(3) RECOMMENDATIONS.—In choosing individ-
uals for membership on a regional advisory com-
mittee, the Secretary shall consult with, and solicit
recommendations from, the chief executive officers of
States, chief State school officers, and education
stakeholders within the applicable region.
(4) SPECIAL RULE.—
(A) TOTAL NUMBER.—The total number of
members on each committee who are selected
under subparagraphs (A), (C), and (D) of para-
graph (2), collectively, shall exceed the total
number of members who are selected under
paragraph (1)(C) and subparagraphs (B), (E),
and (F) of paragraph (2), collectively.
(B) DISSOLUTION.—Each regional advi-
sory committee shall be dissolved by the Sec-
retary after submission of such committee’s re-
port described in subsection (c)(2) to the Sec-
retary, but each such committee may be recon-
vened at the discretion of the Secretary.
(c) DUTIES.—Each regional advisory committee shall
advise the Secretary on the following:
(1) An educational needs assessment of its re-
gion (using the results of the assessment conducted
106
under subsection (d)), in order to assist in making
decisions regarding the regional educational prior-
ities.
(2) Not later than 6 months after the com-
mittee is first convened, a report based on the as-
sessment conducted under subsection (d).
(d) REGIONAL ASSESSMENTS.—Each regional advi-
sory committee shall—
(1) assess the educational needs within the re-
gion to be served;
(2) in conducting the assessment under para-
graph (1), seek input from chief executive officers of
States, chief State school officers, educators, and
parents (including through a process of open hear-
ings to solicit the views and needs of schools (includ-
ing public charter schools), teachers, administrators,
members of the regional educational laboratory gov-
erning board, parents, local educational agencies, li-
brarians, businesses, State educational agencies, and
other customers (such as adult education programs)
within the region) regarding the need for the activi-
ties described in section 174 of the Education
Sciences Reform Act of 2002 and section 203 of this
title and how those needs would be most effectively
addressed; and
107
(3) submit the assessment to the Secretary and
to the Director of the Academy of Education
Sciences, at such time, in such manner, and con-
taining such information as the Secretary may re-
quire.
SEC. 207. PRIORITIES.
The Secretary shall establish priorities for the re-
gional educational laboratories (established under section
174 of the Education Sciences Reform Act of 2002) and
comprehensive centers (established under section 203 of
this title) to address, taking onto account the regional as-
sessments conducted under section 206 and other relevant
regional surveys of educational needs, to the extent the
Secretary deems appropriate.
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITU-
DINAL DATA SYSTEMS.
(a) GRANTS AUTHORIZED.—The Secretary is author-
ized to award grants, on a competitive basis, to State edu-
cational agencies to enable such agencies to design, de-
velop, and implement statewide, longitudinal data systems
to 
efficiently 
and 
accurately 
manage, 
analyze,
disaggregate, and use individual student data, consistent
with the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
108
(b) APPLICATIONS.—Each State educational agency
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
(c) AWARDING
OF GRANTS.—In awarding grants
under this section, the Secretary shall use a peer review
process that—
(1) ensures technical quality (including validity
and reliability), promotes linkages across States, and
protects student privacy consistent with section 183;
(2) promotes the generation and accurate and
timely use of data that is needed—
(A) for States and local educational agen-
cies to comply with the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301
et seq.) and other reporting requirements and
close achievement gaps; and
(B) to facilitate research to improve stu-
dent academic achievement and close achieve-
ment gaps; and
(3) gives priority to applications that meet the
voluntary standards and guidelines described in sec-
tion 153(a)(5).
109
(d) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section shall be used to supplement,
and not supplant, other State or local funds used for de-
veloping State data systems.
(e) REPORT.—Not later than 1 year after the date
of enactment of the Educational Technical Assistance Act
of 2002, and again 3 years after such date of enactment,
the Secretary, in consultation with the National Acad-
emies Committee on National Statistics, shall make pub-
licly available a report on the implementation and effec-
tiveness of Federal, State, and local efforts related to the
goals of this section, including—
(1) identifying and analyzing State practices re-
garding the development and use of statewide, longi-
tudinal data systems;
(2) evaluating the ability of such systems to
manage individual student data consistent with the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), promote linkages across
States, and protect student privacy consistent with
section 183; and
(3) identifying best practices and areas for im-
provement.
110
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title $80,000,000 for fiscal year 2003 and such sums
as may be necessary for each of the 5 succeeding fiscal
years.
TITLE 
III—NATIONAL 
ASSESS-
MENT 
OF 
EDUCATIONAL
PROGRESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ‘‘National Assess-
ment of Educational Progress Authorization Act’’.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ‘‘Director’’ means the Director of
the Institute of Education Sciences.
(2) The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) IN
GENERAL.—There are authorized to be
appropriated—
(1) for fiscal year 2003—
(A) $4,600,000 to carry out section 302,
as amended by section 401 of this Act (relating
to the National Assessment Governing Board);
and
111
(B) $107,500,000 to carry out section 303,
as amended by section 401 of this Act (relating
to the National Assessment of Educational
Progress); and
(2) such sums as may be necessary for each of
the 5 succeeding fiscal years to carry out sections
302 and 303, as amended by section 401 of this Act.
(b) AVAILABILITY.—Amounts made available under
this section shall remain available until expended.
TITLE IV—AMENDATORY
PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) CONFIDENTIALITY.—Section 408 of the National
Education Statistics Act of 1994 (20 U.S.C. 9007) is
amended—
(1) by striking ‘‘center’’, ‘‘Center’’, and ‘‘Com-
missioner’’ each place any such term appears and in-
serting ‘‘Director’’;
(2) in subsection (a)(2)(A), by striking ‘‘statis-
tical purpose’’ and inserting ‘‘research, statistics, or
evaluation purpose under this title’’;
(3) by striking subsection (b)(1) and inserting
the following:
‘‘(1) IN GENERAL.—
112
‘‘(A) DISCLOSURE.—No Federal depart-
ment, bureau, agency, officer, or employee and
no recipient of a Federal grant, contract, or co-
operative agreement may, for any reason, re-
quire the Director, any Commissioner of a Na-
tional Education Center, or any other employee
of the Institute to disclose individually identifi-
able information that has been collected or re-
tained under this title.
‘‘(B) IMMUNITY.—Individually identifiable
information collected or retained under this title
shall be immune from legal process and shall
not, without the consent of the individual con-
cerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
‘‘(C) APPLICATION.—This paragraph does
not apply to requests for individually identifi-
able information submitted by or on behalf of
the individual identified in the information.’’;
(4) in paragraphs (2) and (6) of subsection (b),
by striking ‘‘subsection (a)(2)’’ each place such term
appears and inserting ‘‘subsection (c)(2)’’;
113
(5) in paragraphs (3) and (7) of subsection (b),
by striking ‘‘Center’s’’ each place such term appears
and inserting ‘‘Director’s’’; and
(6) by striking the section heading and trans-
ferring all the subsections (including subsections (a)
through (c)) and redesignating such subsections as
subsections (c) through (e), respectively, at the end
of section 183 of this Act.
(b) CONFORMING AMENDMENT.—Sections 302 and
303 of this Act are redesignated as sections 304 and 305,
respectively.
(c) NATIONAL ASSESSMENT GOVERNING BOARD.—
Section 412 of the National Education Statistics Act of
1994 (20 U.S.C. 9011) is amended—
(1) in subsection (a)—
(A) by striking ‘‘referred to as the
‘Board’ ’’ and inserting ‘‘referred to as the ‘As-
sessment Board’ ’’; and
(B) by inserting ‘‘(carried out under sec-
tion 303)’’ after ‘‘for the National Assessment’’;
(2) by striking ‘‘Board’’ each place such term
appears (other than in subsection (a)) and inserting
‘‘Assessment Board’’;
114
(3) by striking ‘‘Commissioner’’ each place such
term appears and inserting ‘‘Commissioner for Edu-
cation Statistics’’;
(4) in subsection (b)(2)—
(A) by striking ‘‘ASSISTANT
SECRETARY
FOR EDUCATIONAL RESEARCH’’ in the heading
and inserting ‘‘DIRECTOR OF THE INSTITUTE
OF EDUCATION SCIENCES’’; and
(B) by striking ‘‘Assistant Secretary for
Educational Research and Improvement’’ and
inserting ‘‘Director of the Institute of Edu-
cation Sciences’’;
(5) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘section 411(b)’’ and inserting ‘‘section
303(b)’’;
(ii) in subparagraph (B), by striking
‘‘section 411(e)’’ and inserting ‘‘section
303(e)’’;
(iii) in subparagraph (E), by striking
‘‘, including the Advisory Council estab-
lished under section 407’’;
115
(iv) in subparagraphs (F) and (I), by
striking ‘‘section 411’’ each place such
term appears and inserting ‘‘section 303’’;
(v) in subparagraph (H), by striking
‘‘and’’ after the semicolon;
(vi) in subparagraph (I), by striking
the period at the end and inserting ‘‘;
and’’; and
(vii) by inserting at the end the fol-
lowing:
‘‘(J) plan and execute the initial public re-
lease of National Assessment of Educational
Progress reports.
The National Assessment of Educational Progress
data shall not be released prior to the release of the
reports described in subparagraph (J).’’;
(B) in paragraph (5), by striking ‘‘and the
Advisory Council on Education Statistics’’; and
(C) in paragraph (6), by striking ‘‘section
411(e)’’ and inserting ‘‘section 303(e)’’; and
(6) by transferring and redesignating the sec-
tion as section 302 (following section 301) of title
III of this Act.
116
(d) NATIONAL
ASSESSMENT
OF
EDUCATIONAL
PROGRESS.—Section 411 of the National Education Sta-
tistics Act of 1994 (20 U.S.C. 9010) is amended—
(1) by striking ‘‘Commissioner’’ each place such
term appears and inserting ‘‘Commissioner for Edu-
cation Statistics’’;
(2) by striking ‘‘National Assessment Governing
Board’’ and ‘‘National Board’’ each place either
such term appears and inserting ‘‘Assessment
Board’’;
(3) in subsection (a)—
(A) by striking ‘‘section 412’’ and insert-
ing ‘‘section 302’’; and
(B) by striking ‘‘and with the technical as-
sistance of the Advisory Council established
under section 407,’’;
(4) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘of’’
after ‘‘academic achievement and reporting’’;
(B) in paragraph (3)(A)—
(i) in clause (i), by striking ‘‘para-
graphs (1)(B) and (1)(E)’’ and inserting
‘‘paragraphs (2)(B) and (2)(E)’’;
117
(ii) in clause (ii), by striking ‘‘para-
graph (1)(C)’’ and inserting ‘‘paragraph
(2)(C)’’; and
(iii) in clause (iii), by striking ‘‘para-
graph (1)(D)’’ and inserting ‘‘paragraph
(2)(D)’’; and
(C) in paragraph (5), by striking ‘‘(c)(2)’’
and inserting ‘‘(c)(3)’’;
(5) in subsection (c)(2)(D), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph (C)’’;
(6) in subsection (e)(4), by striking ‘‘subpara-
graph (2)(C)’’ and inserting ‘‘paragraph (2)(C) of
such subsection’’;
(7) in subsection (f)(1)(B)(iv), by striking ‘‘sec-
tion 412(e)(4)’’ and inserting ‘‘section 302(e)(4)’’;
and
(8) by transferring and redesignating the sec-
tion as section 303 (following section 302) of title
III of this Act.
(e) TABLE OF CONTENTS AMENDMENT.—The items
relating to title III in the table of contents of this Act,
as amended by section 401 of this Act, are amended to
read as follows:
‘‘TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL
PROGRESS
‘‘Sec. 301. Short title.
‘‘Sec. 302. National Assessment Governing Board.