IB
Union Calendar No. 239
107TH CONGRESS
2D SESSION
H. R. 3801
[Report No. 107–404]
To provide for improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2002
Mr. CASTLE (for himself, Mr. BOEHNER, Mr. UPTON, Mr. FLETCHER, Mrs.
BIGGERT, Mr. KELLER, and Mr. TANCREDO) introduced the following
bill; which was referred to the Committee on Education and the Work-
force
APRIL 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 27, 2002]
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,
TITLE I—EDUCATION SCIENCES
REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Education Sciences Re-
form Act of 2002’’.
SEC. 102. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 101. Short title.
Sec. 102. Table of contents.
PART A—ACADEMY OF EDUCATION SCIENCES
Sec. 111. Establishment.
Sec. 112. Organization.
Sec. 113. Functions.
Sec. 114. Delegation.
Sec. 115. Office of the Director.
Sec. 116. Priorities.
Sec. 117. National Board for Education Sciences.
Sec. 118. Commissioners of the National Education Centers.
Sec. 119. Office of Educational Resources and Dissemination.
PART B—NATIONAL CENTER FOR EDUCATION RESEARCH
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Biennial report.
Sec. 135. 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
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation.
Sec. 173. Duties.
PART E—GENERAL PROVISIONS
Sec. 181. Definitions.
Sec. 182. Interagency data sources and formats.
Sec. 183. Prohibitions.
Sec. 184. Confidentiality.
Sec. 185. Availability of data.
Sec. 186. Performance management.
Sec. 187. Authority to publish.
Sec. 188. Vacancies.
Sec. 189. Scientific or technical employees.
Sec. 190. Voluntary service.
Sec. 191. Fellowships.
Sec. 192. Rulemaking.
Sec. 193. Authorization of appropriations.
PART A—ACADEMY OF EDUCATION
SCIENCES
SEC. 111. ESTABLISHMENT.
(a) ESTABLISHMENT.—There shall be in the Depart-
ment an Academy of Education Sciences, to be adminis-
tered by a Director (as provided in section 115) and a
board of directors (as provided in section 117).
(b) MISSION.—The mission of the Academy is to pro-
vide national leadership in expanding fundamental knowl-
edge and understanding of education, in order to provide
parents, educators, students, researchers, policymakers, and
the general public with reliable information about the con-
dition and progress of education in the United States, edu-
cational practices that support learning and improve aca-
demic achievement for all students, and the effectiveness of
Federal and other education programs. In carrying out this
mission, the Academy shall conduct research, evaluation,
statistics, and dissemination activities supported by Fed-
eral funds through the Academy and ensure that such
activities—
(1) conform to high standards of quality, integ-
rity, and accuracy; and
(2) are objective, secular, neutral, and nonideo-
logical and are free of partisan political influence
and racial, cultural, gender, or regional bias.
SEC. 112. ORGANIZATION.
The Academy consists of the following:
(1) The Office of the Director (as set out in sec-
tion 115).
(2) The National Board for Education Sciences
(as set out in section 117).
(3) The Office of Educational Resources and Dis-
semination (as set out in section 119).
(4) The National Education Centers, which
include—
(A) the National Center for Education Re-
search (as set out in part B);
(B) the National Center for Education Sta-
tistics (as set out in part C); and
(C) the National Center for Education
Evaluation (as set out in part D).
SEC. 113. FUNCTIONS.
The Academy, directly or through grants, contracts, or
cooperative agreements, shall—
(1) conduct and support scientifically valid re-
search activities, including basic and applied re-
search, statistics activities, scientifically valid edu-
cation evaluation, development, and dissemination;
(2) disseminate the findings and results of sci-
entifically valid research in education;
(3) promote the application of knowledge gained
from scientifically valid research activities;
(4) strengthen the national capacity to conduct
scientifically valid research in education; and
(5) promote the coordination of scientifically
valid research in education within the Department
and the Federal Government.
SEC. 114. 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
may be construed to alter or diminish the role, re-
sponsibilities, or authority of the National Assessment
Governing Board with respect to the National Assess-
ment of Educational Progress from those authorized
by the National Education Statistics Act immediately
before the 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 Assessment
of Educational Progress Authorization Act shall
apply to the National Assessment Governing Board in
the exercise of its responsibilities under this Act;
(4) section 116 shall not apply to the National
Assessment of Educational Progress; and
(5) section 117 shall not apply to the National
Assessment Governing Board.
(b) OTHER ACTIVITIES.—The Secretary may assign
the Academy responsibility for administering other activi-
ties, if those activities are consistent with—
(1) the Academy’s priorities, as approved by the
National Board for Education Sciences under section
116; or
(2) the Academy’s mission, if the activities are
not consistent with such priorities.
SEC. 115. OFFICE OF THE DIRECTOR.
(a) APPOINTMENT.—The President, with the advice
and consent of the Senate, shall appoint the Director of the
Academy.
(b) TERM.—
(1) IN GENERAL.—The Director shall serve for a
term of 6 years, beginning on the date of appointment
of the Director, but may be removed by the President
prior to the expiration of that term.
(2) FIRST
DIRECTOR.—The President, without
the advice and consent of the Senate, may appoint the
Assistant Secretary for the Office of Educational Re-
search and Improvement (as such office existed on the
day before the date of the enactment of this Act) to
serve as the Director of the Academy for a term that
ends on July 1, 2007.
(3) SUBSEQUENT DIRECTORS.—The Board may
make recommendations to the President with respect
to the appointment of a Director, except in such case
as described in paragraph (2).
(c) PAY.—The Director shall receive the rate of basic
pay for level III 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 pro-
ductivity and leadership in these areas.
(e) ADMINISTRATION.—The Director shall—
(1) administer, oversee, and coordinate the ac-
tivities carried out under the Academy, including the
activities of the National Education Centers; and
(2) coordinate budgets and operating plans for
each of the National Education Centers.
(f) DUTIES.—The duties of the Director shall be the
following:
(1) To propose to the Board priorities for the
Academy, in accordance with section 116(a).
(2) To ensure the methodology applied in con-
ducting research, evaluation, and statistical analysis
is consistent with the standards for such activities
under this title.
(3) To coordinate education research and related
activities carried out by the Academy with such re-
search 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
Academy, consistent with section 117(b)(3).
(6) To ensure that all participants in research
conducted or supported by the Academy are afforded
their privacy rights and other relevant protections as
research subjects, in accordance with section 184 of
this title, section 552a of title 5, United States Code,
and sections 444 and 445 of the General Education
Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To carry out and support other activities
consistent with the priorities and mission of the
Academy.
(8) To ensure that activities conducted or sup-
ported by the Academy are objective, secular, neutral,
and nonideological and are free of partisan political
influence and racial, cultural, gender, or regional
bias.
(9) To undertake initiatives and programs to in-
crease the participation of researchers and institu-
tions that have been historically underutilized in Fed-
eral educational research activities in the activities of
the Academy, including historically black colleges and
universities and other institutions of higher education
with large numbers of minority students.
(10) 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 Academy and the regional governing
boards and regional entities described in section 203
of the Regional Assistance Act of 2002 to ensure col-
laboration and resource sharing and reduce redun-
dancy in such activities.
(11) To solicit and consider the recommendations
of education stakeholders, in order to ensure that there
is broad and regular public and professional input
from the educational field in the planning and car-
rying out of the Academy’s activities.
(12) At the discretion of the Director and in con-
sultation with the National Academy of Sciences, to
conduct a study to determine—
(A) a standard by which States may accu-
rately measure the rate at which students drop
out of or graduate from secondary schools in the
United States (including on-time graduation);
and
(B) the use of alcohol or illegal narcotics as
contributing factors to incidents of school vio-
lence committed by students during the regular
school day and while participating in other
school-related activities.
(g) EXPERT GUIDANCE AND ASSISTANCE.—The Direc-
tor may establish technical and scientific peer-review
groups and scientific program advisory committees that the
Director determines are necessary to carry out the require-
ments of this title. The Director shall appoint such per-
sonnel, except that officers and employees of the United
States shall comprise no more than one-fourth of the mem-
bers of any such group and shall not receive additional com-
pensation for their service as members of such a group. The
Director shall ensure that reviewers are highly qualified
and capable to appraise educational research and develop-
ment projects. The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to a peer-review group estab-
lished under this subsection.
SEC. 116. PRIORITIES.
(a) PROPOSAL.—The Director shall propose to the
Board (established in section 117) priorities for the Acad-
emy (taking into consideration long-term research and de-
velopment on core issues conducted through the national re-
search and development centers (as defined in section 181))
identifying topics that may require long-term research and
topics that are focused on understanding and solving par-
ticular education problems and issues, including those asso-
ciated with the goals and requirements established in the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), such as—
(1) closing the achievement gap between high-
performing and low-performing children, particularly
achievement gaps between minority and nonminority
children and between disadvantaged children and
their more advantaged peers; and
(2) ensuring that all children reach, at a min-
imum, proficiency on challenging State academic
achievement standards and assessments.
(b) APPROVAL.—The Board shall approve or dis-
approve the priorities for the Academy 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 prior-
ities of the Academy and the National Education Centers
are consistent with the mission of the Academy.
(d) PUBLIC AVAILABILITY AND COMMENT.—
(1) PRIORITIES.—Before submitting to the Board
proposed priorities for the Academy, the Director
shall make such priorities available to the public for
comment (including by means of the Internet and
through publishing such priorities in the Federal Reg-
ister). 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 Academy’s plan for address-
ing such priorities available for public comment in
the same manner as under paragraph (1).
SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.
(a) ESTABLISHMENT.—The Academy 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 fol-
lowing:
(1) To advise the Director on the policies of the
Academy.
(2) To consider and approve priorities under sec-
tion 116 to guide the work of the Academy.
(3) To review and approve procedures for sci-
entific peer review of the activities of the Academy.
(4) To advise the Director on the development of
activities to be supported by the Academy, including
the general areas of research to be carried out by the
National Center for Education Research.
(5) To present to the Director such recommenda-
tions as it may find appropriate for—
(A) the strengthening of education research;
and
(B) the funding of the Academy.
(6) To advise the Director on the funding of ap-
plications for grants, contracts, and cooperative
agreements for research, after the completion of peer
review.
(7) To review and regularly evaluate the work of
the Academy, to ensure that scientifically valid re-
search, evaluation, and statistical analysis is con-
sistent with the standards for such activities under
this title.
(8) To advise the Director on ensuring that ac-
tivities conducted or supported by the Academy are
objective, secular, neutral, and nonideological and are
free of partisan political influence and racial, cul-
tural, 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 topics
that require long-term, sustained, systematic, pro-
grammatic, and integrated research efforts, including
knowledge utilization and dissemination of research,
consistent with the priorities and mission of the
Academy.
(10) To review and advise the Director on oppor-
tunities for the participation in, and the advance-
ment of, women, minorities, and persons with disabil-
ities in education research, statistics, and evaluation
activities of the Academy.
(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 Education
Centers.
(c) COMPOSITION.—
(1) VOTING MEMBERS.—The Board shall have 15
voting members appointed by the President, with the
advice and consent of the Senate.
(2) ADVICE.—The President shall solicit advice
on individuals to serve on the Board from the Na-
tional Academy of Sciences, the National Science
Foundation, and the Office of Science and Technology
Policy.
(3) NONVOTING
EX
OFFICIO
MEMBERS.—The
Board shall have the following nonvoting ex officio
members:
(A) The Director of the Academy 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 appointed
under paragraph (1) shall be highly qualified to
appraise educational research, statistics, evalua-
tions, or development, and shall include individ-
uals from each of the following groups:
(i) Educators, including classroom
teachers, principals, and other school ad-
ministrators.
(ii) Parents.
(iii) Business leaders.
(iv) Experts and scientists in research,
statistics, evaluation, or development, who
are recognized in their discipline as highly
qualified to represent such discipline.
(B) SPECIAL RULE.—A majority of the vot-
ing members of the Board must be appointed
from the groups described in clauses (i) and (iv)
of subparagraph (A).
(C) 
TERMS.—Each 
member 
appointed
under paragraph (1) shall serve for a term of 4
years, except that—
(i) the terms of the initial members ap-
pointed under such paragraph shall (as de-
termined by a random selection process at
the time of appointment) be for staggered
terms of—
(I) 4 years for each of five mem-
bers;
(II) 3 years for each of five mem-
bers; and
(III) 2 years for each of five mem-
bers; and
(ii) no member appointed under such
paragraph shall serve for more than two
consecutive terms.
(D) EXTENSION OF SERVICE.—A member of
the Board may serve after the expiration of the
member’s term until a successor has been ap-
pointed and confirmed, but for no longer than 1
additional year.
(5) CHAIR.—The Board shall elect a chairperson
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, allowances, 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 appointed
or assigned by the Director, in consultation with
the Chair.
(C) DETAIL
OF
STAFF
PERSONNEL.—The
Board may arrange for the detail of staff per-
sonnel and use the services and facilities of any
department or agency of the Federal Govern-
ment.
(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 di-
rectly from any executive department or agency
of the Federal Government such information as
the Board deems necessary to carry out its func-
tions.
(9) MEETINGS.—The Board shall meet not less
than four times each year. The Board shall hold addi-
tional meetings at the call of the chairperson or upon
the written request of at least six voting members of
the Board.
(10) QUORUM.—A majority of the voting mem-
bers of the Board shall constitute a quorum.
(d) STANDING COMMITTEES.—
(1) ESTABLISHMENT.—The Board may establish
standing committees—
(A) to each serve one of the National Edu-
cation Centers; and
(B) to advise, assist, consult with, and make
recommendations to the Director and the Com-
missioner of the appropriate National Education
Centers.
(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 membership
of 
each 
standing 
committee 
may 
include, 
as
appropriate—
(A) experts and scientists in research, sta-
tistics, evaluation, or development who are recog-
nized in their discipline as highly qualified to
represent such discipline and who are not mem-
bers of the Board, but who have been rec-
ommended by the Commissioners of each Na-
tional 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 have been
recommended by the Commissioners of each Na-
tional Education Center and approved by the
Board.
(3) DUTIES.—Each standing committee shall—
(A) at the discretion of the Board or the
standing committee, review and comment on any
grant, contract, or cooperative agreement entered
into (or proposed to be entered into) by the ap-
plicable National Education Center;
(B) prepare for, and submit to, the Board
an annual evaluation of the operations of the ap-
plicable National Education Center;
(C) review and comment on the relevant
plan for activities to be undertaken by the appli-
cable National Education Center for each fiscal
year; and
(D) periodically report to the Board regard-
ing the activities of the committee and the appli-
cable National Education Center.
(e) ANNUAL REPORT.—The Board shall submit to the
Director, the Secretary, and the appropriate congressional
committees, not later than July 1 of each year, a report
that assesses the effectiveness of the Academy in carrying
out its priorities and mission, especially as they relate to
carrying out scientifically valid research, conducting unbi-
ased evaluations, and collecting and reporting accurate edu-
cation statistics.
(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 could be taken to enhance
the ability of the Academy 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 en-
actment.
SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION
CENTERS.
(a) APPOINTMENT.—The National Education Centers
shall each 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 individuals rec-
ommended by the Board, acting in consultation with the
Director. The Director may appoint a Commissioner to
carry out the functions of a National Education Center
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and Gen-
eral Schedule pay rates.
(b) PAY.—The Commissioners shall each receive the
rate of basic pay for level IV of the Executive Schedule.
(c) QUALIFICATIONS.—Each Commissioner shall be
highly qualified in the field of education research, statistics,
or evaluation.
(d) SERVICE
AND REMOVAL.—Each Commissioner
shall report to the Director and may be removed by the Di-
rector. A Commissioner shall serve for a period of no more
than 6 years, unless reappointed by the Director, except
that a Commissioner may serve after the expiration of that
Commissioner’s term, until a successor has been appointed
by the Director, for up to 1 additional year.
SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DIS-
SEMINATION.
(a) ESTABLISHMENT.—There is established within the
Academy an Office of Educational Resources and Dissemi-
nation.
(b) DUTIES.—The Office of Educational Resources and
Dissemination shall—
(1) disseminate information on scientifically
valid research, statistics, and evaluation on education
to the public, the media, voluntary organizations, and
other constituencies, especially with respect to infor-
mation 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; and
(D) education technology, including soft-
ware;
(2) manage the National Library of Education
described in subsection (e), and other sources of dig-
ital information on education research; and
(3) make such information accessible in a user-
friendly, timely, and efficient manner (including
through use of a searchable Internet web-based online
database) to schools, educators, parents, administra-
tors, policymakers, researchers, public and private en-
tities, entities responsible for carrying out technical
assistance through the Department, and the general
public.
(c) ADDITIONAL DUTIES.—In carrying out subsection
(b), the Office of Educational Resources and Dissemination
shall—
(1) ensure that information disseminated under
this section is provided in a cost-effective, nonduplica-
tive manner, including the most current research
findings, which may include through the continuation
of individual clearinghouses authorized under the
Educational Research, Development, Dissemination,
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 en-
actment of this Act) or the clearinghouse authorized
under section 2102(b) of the Elementary and Sec-
ondary Education Act of 1965 (as such section existed
on the day before the date of enactment of the No
Child Left Behind Act of 2001 (Public Law 107–
110));
(2) prominently describe the type of scientific
evidence that is used to support the findings that are
disseminated;
(3) clearly explain 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.
(d) CONTINUATION.—The Director shall continue the
existing awards of the Educational Resources Information
Center Clearinghouses (established under section 941(f) of
the Educational Research, Development, Dissemination,
and Improvement Act of 1994 (as such provision existed
on the day before the date of enactment of this Act)) for
the duration of those existing awards, in accordance with
the terms and agreements of such awards.
(e) NATIONAL LIBRARY OF EDUCATION.—There is es-
tablished within the Office of Educational Resources and
Dissemination a National Library of Education that shall
be headed by an individual who is highly qualified in li-
brary science and shall collect and archive information, in-
cluding products and publications developed through, or
supported by, the Academy, and other relevant and useful
education-related research, statistics, and evaluation and
other information, projects, and publications that are con-
sistent with scientifically valid research or the priorities
and mission of the Academy and are developed by the De-
partment, other Federal agencies, or entities (including en-
tities supported under the Regional Educational Technical
Assistance Act).
PART B—NATIONAL CENTER FOR
EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the
Academy 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, particularly to improve student aca-
demic achievement and close the achievement gap be-
tween high-performing and low-performing students,
including through the improvement of teaching and
learning of reading, writing, mathematics, science,
and other academic subjects;
(2) to support the synthesis and, as appropriate,
the integration of education research;
(3) to promote quality and integrity through the
use of accepted practices of scientific inquiry to ob-
tain 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, including
a high level of expertise in the fields of research and research
management.
SEC. 133. DUTIES.
(a) GENERAL DUTIES.—The Research Commissioner
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 Academy and the mission of the
Research Center and is based upon the activities
described 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 Academy, 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 es-
tablished by the Director under section 115(f)
and the standards of research described in sec-
tion 135; and
(C) includes both basic research and applied
research, which shall include research conducted
through field-initiated studies and may include
ongoing research initiatives;
(5) promote the use of scientifically valid re-
search within the Federal Government, including ac-
tive participation in interagency research initiatives;
(6) ensure that research conducted by the Re-
search Center is relevant to education practice and
policy;
(7) synthesize and disseminate, through the Of-
fice of Educational Resources and Dissemination, the
findings and results of education research conducted
or supported by the Research Center; and
(8) prepare and submit to the Director for ap-
proval an annual report, as described in section 134,
which shall be made available to the public through
such means as the Internet.
(b) ELIGIBILITY.—Research carried out under sub-
section (a) through contracts, grants, or cooperative agree-
ments shall be carried out only by recipients with the abil-
ity and capacity to conduct scientifically valid research.
(c) EVALUATIVE SUMMARIES OF RESEARCH PRIOR-
ITIES.—
(1) IN GENERAL.—In addition to the duties de-
scribed in subsection (a), the Research Commissioner
shall oversee and support the conduct of evaluative
summaries of the education priority areas of each of
the national research and development centers (as de-
fined in section 181). Such summaries—
(A) shall be completed not later than 1 year
after the date of enactment of this Act; and
(B) shall be submitted to the Director and
the Board to provide assistance on developing
and implementing the research plan described in
subsection (a)(2).
(2) PREVIOUS EVALUATIONS.—In carrying out
this subsection, the Research Commissioner may use
evaluations and assessments of a national research
and development center completed before the date of
enactment of this Act.
(d) EVALUATIVE SUMMARY.—Each evaluative sum-
mary conducted under subsection (c) shall—
(1) include a detailed description of the findings
of the main research and development activities of the
national research and development centers;
(2) describe how such findings are consistent
with scientifically valid research; and
(3) describe the implications of such findings for
educational practice and school reform.
(e) NATIONAL RESEARCH AND DEVELOPMENT CEN-
TERS.—
(1) SUPPORT.—In carrying out activities under
subsection (a)(3), the Director, acting through the Re-
search Commissioner, shall support national research
and development centers.
(2) 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 135(b),
may be renewed without competition for not more
than 5 additional years if the Director, in consulta-
tion 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
Academy; and
(B) merits renewal (applying the procedures
and standards established in section 135).
(3) LIMIT.—No national research and develop-
ment center may be supported under this subsection
for a period of more than 10 years without competi-
tion.
(4) CONTINUATION OF AWARDS.—The Director,
acting through the Research Commissioner, shall con-
tinue awards made to the national research and de-
velopment centers in effect on the day before the date
of enactment of this Act in accordance with the terms
of those awards and may renew them in accordance
with paragraphs (2) and (3).
SEC. 134. BIENNIAL REPORT.
The Director shall, on a biennial basis, transmit to
the President, the Board, and the appropriate congressional
committees and make widely available to the public (includ-
ing by means of the Internet), a report containing the fol-
lowing:
(1) A description of the activities carried out by
and through the Research Center during the prior fis-
cal year.
(2) A detailed summary of each grant, contract,
and cooperative agreement in excess of $100,000 fund-
ed during the prior fiscal year, including, at a min-
imum, the amount, duration, recipient, purpose, and
goal of the award and its relationship to the prior-
ities and mission of the Academy, the reports and
publications produced, and an evaluation of the ac-
tivities of the Research Center, which shall be avail-
able in a user-friendly electronic database.
(3) A description of how the activities of the Re-
search Center are consistent with the principles of sci-
entifically valid research and the priorities and mis-
sion of the Academy.
(4) Such additional comments, recommenda-
tions, and materials as the Director considers appro-
priate.
SEC. 135. STANDARDS FOR CONDUCT AND EVALUATION OF
RESEARCH.
(a) IN GENERAL.—In carrying out this part, the Di-
rector, acting through the Research Commissioner, shall—
(1) ensure that all research conducted under the
direction of the Research Center follows scientifically
based research standards;
(2) develop such other standards as may be nec-
essary to govern the conduct and evaluation of all re-
search, development, and dissemination activities car-
ried 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) RESEARCH AWARDS.—
(1) IN GENERAL.—Research carried out under
this part through grants, contracts, or cooperative
agreements, at a minimum, shall—
(A) be awarded through a process of open
competition; and
(B) be subject to a system of peer review of
highly qualified individuals with an in-depth
knowledge of the subject to be investigated—
(i) for reviewing and evaluating all
applications for grants and cooperative
agreements and bids for contracts that ex-
ceed $100,000; and
(ii) for evaluating and assessing the
performance of all recipients of grants, co-
operative agreements, and contracts.
(2) EVALUATION.—The Director, acting through
the Research Commissioner, shall—
(A) develop the procedures to be used in
evaluating applications for research grants, co-
operative agreements, and contracts and specify
the criteria and factors which shall be considered
in making such evaluations; and
(B) evaluate the performance of each recipi-
ent of an award of a research grant, contract, or
cooperative agreement at the conclusion of the
award.
(c) LONG-TERM RESEARCH.—The Director, acting
through the Research Commissioner, shall assure 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 prior-
ities and mission of the Academy and the mission of the
Research Center.
knowledge of statistical methodologies and activities under-
taken by the Statistics Center.
SEC. 153. DUTIES.
(a) GENERAL DUTIES.—The duties of the Statistics
Center are to collect, report, analyze, and disseminate sta-
tistical data related to education in the United States and
in other nations, including—
(1) collecting, acquiring, compiling (where ap-
propriate, on a State-by-State basis), and dissemi-
nating full and complete statistics on the condition
and progress of education, at the preschool, elemen-
tary, secondary, postsecondary, and adult levels in the
United States, including data on—
(A) successful State and local education re-
form activities that result in increased academic
achievement and narrowing of achievement gaps;
(B) student achievement in, at a minimum,
the core academic areas of reading, math, and
science at all levels of education;
(C) secondary school completions, dropouts,
and adult literacy and reading skills;
(D) educational access to, and opportunity
for, postsecondary education, including data on
financial aid to postsecondary students;
(E) teaching, including—
(i) data on professional development,
including a comparison of courses taken in
the core academic areas of reading, math,
and science with courses in noncore aca-
demic areas; 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;
(F) instruction, the conditions of the edu-
cation workplace, and the supply of, and de-
mand for, teachers;
(G) 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 Investiga-
tion;
(H) the financing and management of edu-
cation, including data on revenues and expendi-
tures;
(I) the social and economic status of chil-
dren, including their academic achievement;
(J) the existence and use of educational
technology and access to the Internet in elemen-
tary schools and secondary schools;
(K) educational access to, and opportunity
for, early childhood education; and
(L) the availability of, and access to, before-
school and after-school programs (including such
programs during school recesses);
(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, and disability, when
such disaggregated information would facilitate edu-
cational and policy decisionmaking;
(4) assisting public and private educational
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection ac-
tivities, which may include assisting State edu-
cational agencies and local educational agencies with
the disaggregation of data;
(5) 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; and
(6) conducting longitudinal and special data col-
lections necessary to report on the condition and
progress of education.
(b) TRAINING PROGRAM.—The Statistics Commis-
sioner may establish a program to train employees of public
and private educational agencies, organizations, and insti-
tutions in the use of standard statistical procedures and
concepts and may establish a fellowship program to appoint
such employees as temporary fellows at the Statistics Center
in order to assist the Statistics Center in carrying out its
duties.
SEC. 154. PERFORMANCE OF DUTIES.
(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREE-
MENTS.—In carrying out the duties under this part, the
Director, acting through the Statistics Commissioner, may
award grants, enter into contracts and cooperative agree-
ments, and provide 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 postsecondary education, libraries, ad-
ministrators, teachers, students, the general pub-
lic, and other individuals, organizations, agen-
cies, and institutions (including information col-
lected by States and local educational agencies
for their own use); and
(B) by other offices within the Academy and
by other Federal departments, agencies, and in-
strumentalities.
(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 Center
to any such agency, organization, or institution
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 chil-
dren 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.
SEC. 155. REPORTS.
(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The
Statistics Commissioner, in consultation with the Director,
shall establish procedures, in accordance with section 187,
to ensure that the reports issued under this section are rel-
evant, of high quality, useful to customers, subject to rig-
orous 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, 2002, and each succeeding
June 1 thereafter, the Director, acting through the Statistics
Commissioner, shall, with the approval of the Director, sub-
mit to the President and the appropriate congressional com-
mittees 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 (as determined
by the Director, acting through the Statistics Commis-
sioner), special statistical reports on education topics, par-
ticularly in the core academic areas of reading, mathe-
matics, and science, consistent with the priorities and mis-
sion of the Academy and the mission of the Statistics Cen-
ter.
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 and local educational agencies opportu-
nities to suggest the development of particular com-
pilations of statistics, surveys, and analyses that
would assist those educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Statistics Cen-
ter shall furnish such special statistical compilations and
surveys as the relevant congressional committees may re-
quest.
(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.
(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 estimated 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 excess
sums when necessary.
(e) ACCESS.—
(1) OTHER
AGENCIES.—The Statistics Center
shall, consistent with section 184, 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 Cen-
ter for the purposes of research and acquiring statis-
tical information.
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may establish one 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
EDUCATION EVALUATION
SEC. 171. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the
Academy a National Center for Education Evaluation (in
this part referred to as the ‘‘Evaluation Center’’).
(b) MISSION.—The mission of the Evaluation Center
shall be to conduct evaluations of Federal education pro-
grams administered by the Secretary (and as time and re-
sources allow, other education programs) to determine the
impact of such programs (particularly on student academic
achievement in the core academic areas of reading, math,
and science), to support synthesis and dissemination of re-
sults of evaluation research, and to encourage the use of sci-
entifically valid education evaluation throughout the
United States.
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.
(a) IN GENERAL.—The Evaluation Center shall be
headed by a Commissioner for Education Evaluation (in
this part referred to as the ‘‘Evaluation Commissioner’’)
who—
(1) shall possess a demonstrated capacity for sus-
tained productivity and leadership in education eval-
uation, and be technically competent in conducting
scientifically valid education evaluations; and
(2) shall oversee all evaluation activities of the
Evaluation Center, the development of evaluation
methodology, the reporting of findings of evaluations
to the public and appropriate congressional commit-
tees, and other duties essential to carrying out the
mission of the Evaluation Center.
(b) GRANTS, CONTRACTS, AND COOPERATIVE AGREE-
MENTS.—In carrying out the duties under this part, the
Director, acting through the Evaluation Center, may award
grants, enter into contracts and cooperative agreements,
and provide technical assistance.
SEC. 173. DUTIES.
(a) GENERAL DUTIES.—
(1) IN GENERAL.—The Director, acting through
the Evaluation Commissioner, shall—
(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) coordinate the activities of the Evalua-
tion Center with other evaluation activities in
the Department;
(D) submit to the President and the appro-
priate congressional committees a report on the
Evaluation Center’s evaluation activities on an
annual basis; and
(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 evidence
generated by those evaluations.
(2) ADDITIONAL REQUIREMENTS.—Each evalua-
tion conducted by the Evaluation Center pursuant to
paragraph (1) shall adhere to the highest possible
standards of quality for conducting scientifically
valid education evaluation.
(b) ADMINISTRATION OF EVALUATIONS UNDER TITLE
I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.—The Director, acting through the Evaluation
Commissioner, consistent with the mission of the Evalua-
tion Center under section 171, shall administer all oper-
ations and contracts associated with evaluations authorized
by part E of title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6491 et seq.) and adminis-
tered by the Department as of the date of enactment of this
Act.
PART E—GENERAL PROVISIONS
SEC. 181. DEFINITIONS.
In this title:
(1) The terms ‘‘elementary school’’, ‘‘secondary
school’’, ‘‘local educational agency’’, and ‘‘State edu-
cational agency’’ have the meanings given those terms
in section 9101 of the Elementary 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) The term ‘‘Academy’’ means the Academy of
Education Sciences established under section 111.
(3) 
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.
(4) The term ‘‘basic research’’ 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.
(5) The term ‘‘Board’’ means the National Board
for Education Sciences established under section 117.
(6) The term ‘‘Department’’ means the Depart-
ment of Education.
(7) The term ‘‘development’’ means the system-
atic use of knowledge or understanding gained from
the findings of scientifically valid research that may
prove useful in areas (such as the preparation of ma-
terials and new methods of instruction and practices
in teaching), that may lead to the improvement of the
academic skills of students, and that are replicable in
different educational settings.
(8) The term ‘‘Director’’ means the Director of
the Academy of Education Sciences.
(9) The term ‘‘dissemination’’ means the commu-
nication 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 edu-
cational practice by teachers, administrators, librar-
ians, other practitioners, researchers, policymakers,
and the public, through the provision of technical as-
sistance, electronic transfer, and other means.
(ii) present findings and make claims that
are appropriate to and supported by the methods
that have been employed.
(B) The term includes, appropriate to the re-
search being conducted—
(i) employing systematic, empirical methods
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 substantially
eliminate plausible competing explanations 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 op-
portunity 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.
(14) The term ‘‘scientifically valid education
evaluation’’ means an evaluation that—
(A) adheres to the highest possible standards
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 re-
search methodologies that allow for the strongest
possible causal inferences when random assign-
ment is not feasible; and
(E) may study program implementation
through a combination of scientifically valid and
reliable methods.
(15) The term ‘‘scientifically valid research’’ in-
cludes applied research, basic research, and field-ini-
tiated research in which the rationale, design, and in-
terpretation are soundly developed in accordance with
scientifically based research standards.
(16) The term ‘‘Secretary’’ means the Secretary
of Education.
(17) The term ‘‘State’’ includes (except as pro-
vided in section 158 and in the National Assessment
of Educational Progress Authorization Act) each of
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, the freely associated states, and
the outlying areas.
(18) The term ‘‘technical assistance’’ means—
(A) assistance in identifying, selecting, or
designing solutions (including professional devel-
opment and training to implement such solu-
tions) leading to—
(i) improved educational 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 encourage
the adoption or application of scientifically valid
research.
SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall
ensure that the Department and the Academy use common
sources of data in standardized formats.
SEC. 183. PROHIBITIONS.
(a) NATIONAL DATABASE.—Nothing in this title may
be construed to authorize the development of a nationwide
database of individually identifiable information on indi-
viduals 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 author-
ize an officer or employee of the Federal Government to
mandate, direct, or control the curriculum, program of in-
struction, 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 Academy, including any office,
board, committee, or center of the Academy, may be used
by the Academy to endorse, approve, or sanction any cur-
riculum designed to be used in an elementary school or sec-
ondary 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 develop,
pilot test, field test, implement, administer, or dis-
tribute any federally sponsored national test in read-
ing, mathematics, or any other subject, unless specifi-
cally and explicitly authorized by law.
(2) EXCEPTIONS.—Subsection (a) shall not
apply to international comparative assessments devel-
oped under the authority of section 153(a)(5) of this
title or section 404(a)(6) of the National Education
Statistics Act of 1994 (20 U.S.C. 9003(a)(6)) (as such
section existed 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. 184. CONFIDENTIALITY.
(a) IN GENERAL.—All collection, maintenance, use,
and dissemination of data by the Academy, including each
office, board, committee, and center of the Academy, shall
conform with the requirements of section 552a of title 5,
United States Code, the confidentiality standards of sub-
section (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, and their families,
and information with respect to individual schools, remains
confidential in accordance with section 552a of title 5,
United States Code, subsection (c) of this section, and sec-
tions 444 and 445 of the General Education Provisions Act
(20 U.S.C. 1232g, 1232h).
SEC. 185. AVAILABILITY OF DATA.
Subject to section 184, data collected by the Academy,
including any office, board, committee, or center of the
Academy, in carrying out the priorities and mission of the
Academy, shall be made available to the public, including
through use of the Internet.
SEC. 186. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted
or supported by the Academy or a National Education Cen-
ter make customer service a priority. The Director shall en-
sure a high level of customer satisfaction through the fol-
lowing methods:
(1) Establishing and improving feedback mecha-
nisms in order to anticipate customer needs.
(2) Disseminating information in a timely fash-
ion and in formats that are easily accessible and usa-
ble by researchers, practitioners, and the general pub-
lic.
(3) Utilizing the most modern technology and
other methods available, including arrangements to
use data collected electronically by States and local
educational agencies, to ensure the efficient collection
and timely distribution of information, including
data and reports.
(4) Establishing and measuring performance
against a set of indicators for the quality of data col-
lected, analyzed, and reported.
(5) Continuously improving management strate-
gies and practices.
(6) Making information available to the public
in an expeditious fashion.
SEC. 187. AUTHORITY TO PUBLISH.
(a) PUBLICATION.—
(1) IN GENERAL.—The Academy, including each
office, board, committee, and center of the Academy,
may prepare, publish, and present (including through
oral presentations) such research-based information
and research reports as needed to carry out the prior-
ities and mission of the Academy, without clearance
or approval for such preparation and publication by
the Secretary or any other officer of the Department.
(2) PROHIBITION OF REVIEW.—No report issued
by the Academy, including any office, board, com-
mittee, or center within the Academy, shall be subject
to review by a Federal office or agency outside of the
Academy.
(b) PEER REVIEW.—All published research, statistics,
and evaluation reports conducted by or supported through
the Academy, shall be subjected to rigorous peer review be-
fore being published or otherwise made available and shall
include the names of the peer reviewers.
(c) ADVANCE COPIES.—The Academy shall provide the
Director and Secretary an advance copy of any information
to be published, at least 30 days before the publication.
SEC. 188. VACANCIES.
Any member appointed to fill a vacancy on the Board
occurring before the expiration of the term for which the
member’s predecessor was appointed shall be appointed only
for the remainder of that term. A vacancy in an office,
board, committee, or center of the Academy shall be filled
in the manner in which the original appointment was
made. This section does not apply to employees appointed
under section 189.
SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) APPOINTMENT AND PAY.—The Director may ap-
point for limited periods of time and fix the pay of certain
scientific or technical employees to carry out the functions
of the Academy or the office, board, committee, or center,
respectively, without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates, provided that—
(1) at least 30 days before the appointment of
any employee under this subsection, the Director shall
give public notice of the availability of such position
and shall provide an opportunity for qualified indi-
viduals to apply and compete for the position; and
(2) the Director may not appoint an employee
under this subsection unless the employee is necessary
to provide the Academy with scientific or technical
expertise that could not otherwise be obtained by the
Academy through the competitive service and such ne-
cessity can be justified in a clear and convincing
fashion.
(b) MAXIMUM NUMBER.—Employees appointed under
this section and employed at the Academy at any particular
time shall not exceed the greater of 20 percent of the total
employees of the Academy or a total of 60 individuals.
(c) MAXIMUM PAY RATE.—An employee appointed
under this section may not be paid at a rate that exceeds
the rate of basic pay for level V of the Executive Schedule,
except that not more than 10 individuals appointed under
this section may not be paid at a rate that exceeds the rate
of basic pay for level IV of the Executive Schedule.
(d) TERMS.—An employee appointed under this sec-
tion may serve not longer than 6 years.
SEC. 190. VOLUNTARY SERVICE.
The Secretary, acting through the Director, may accept
voluntary and uncompensated services to carry out and
support activities that are consistent with the priorities and
mission of the Academy.
SEC. 191. 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 the Acad-
emy and institutions of higher education (which may in-
clude the establishment of such fellowships in historically
black colleges and universities and other institutions of
higher education with large numbers of minority students)
that support graduate and postdoctoral study, particularly
for women and minorities, with such stipends and allow-
ances (including travel and subsistence expenses) as the Di-
rector may determine necessary to obtain the assistance of
highly qualified research, evaluation, and statistics fellows.
SEC. 192. 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
Academy.
SEC. 193. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to administer and carry out this title $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) no less than the amount provided to the Na-
tional Center for Education Statistics (as such Center
was in existence on the day before the date of the en-
actment of this Act) for fiscal year 2002 shall be pro-
vided to the National Center for Education Statistics,
as authorized under part C; and
(2) the lesser of 2 percent of such funds or
$1,000,000 shall be made available to carry out sec-
tion 117 (relating to the National Board for Edu-
cation Sciences).
(b) AVAILABILITY.—Amounts made available under
this section shall remain available until expended.
TITLE 
II—REGIONAL 
EDU-
CATIONAL 
APPLIED 
RE-
SEARCH AND TECHNICAL AS-
SISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Regional Assistance Act
of 2002’’.
SEC. 202. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 201. Short title.
Sec. 202. Table of contents.
Sec. 203. Regional educational applied research and technical assistance entities.
Sec. 204. Regional advisory committees.
Sec. 205. Grants.
Sec. 206. Regional entity boards.
Sec. 207. Public input.
Sec. 208. Priorities and evaluations.
Sec. 209. Authorization of appropriations.
Sec. 210. General provisions.
SEC. 203. REGIONAL EDUCATIONAL APPLIED RESEARCH
AND TECHNICAL ASSISTANCE ENTITIES.
(a) ESTABLISHMENT.—The Secretary, through grants,
contracts, or cooperative agreements, shall establish and
oversee a system of regional educational applied research
and technical assistance entities (in this title referred to
as ‘‘regional entities’’) to provide applied research, dissemi-
nation, training, technical assistance, and development ac-
tivities related to the administration and implementation
of Federal education programs and other regional education
needs to States, local educational agencies, schools, Indian
tribes, community-based organizations, and other appro-
priate entities.
(b) REGIONS.—In establishing geographical regions to
be served by the regional entities, the Secretary shall serve
the same geographical regions as served by the regional edu-
cational laboratories established under section 941(h) of the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the
day before the date of enactment of this Act). The Secretary
shall support at least two regional entities in each region,
and shall allocate to each region for each fiscal year an
amount of funds comparable to the amount of funds award-
ed to serve the needs of that region under prior regional
assistance programs under section 3141 and parts A and
C of title XIII of the Elementary and Secondary Education
Act of 1965 (as such provisions existed on the day before
the date of enactment of the No Child Left Behind Act of
2001 (Public Law 107–110)) and 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).
(c) TECHNICAL ASSISTANCE, APPLIED RESEARCH,
DEVELOPMENT, AND DISSEMINATION.—The Secretary shall
support applied research, development, dissemination, and
technical assistance and reform initiatives, which, at a
minimum, shall include the following:
(1) Training and technical assistance to State
educational agencies, local educational agencies,
schools, public charter schools, Indian tribes, commu-
nity-based organizations, and other appropriate enti-
ties, 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 and assessment tools
for use by teachers and administrators in, at a
minimum—
(i) the core academic areas of mathe-
matics, science, and reading; and
(ii) education technology; and
(C) the facilitation of communication be-
tween education experts, school officials and
teachers, parents, and librarians, as appropriate.
(2) The dissemination and provision of scientif-
ically valid research, information, reports, and publi-
cations that are usable for improving academic
achievement, narrowing achievement gaps, and en-
couraging and sustaining school improvement, to—
(A) schools, educators, parents, and policy-
makers within the applicable region in which the
entity is located; and
(B) the Office of Educational Resources and
Dissemination.
(3) Applied research projects designed to serve
the particular needs of the region if quality applied
research does not exist based on the regional advisory
committee’s plan under section 204(c), and that re-
flects findings from scientifically valid research and
results in user-friendly, replicable, classroom applica-
tions geared toward promoting increased student
achievement.
(4) The use of applied research to assist in solv-
ing site-specific problems, to assist in development ac-
tivities, and to contribute to the current base of edu-
cation knowledge by addressing enduring problems in
elementary and secondary education.
(d) AUTHORITY.—
(1) IN GENERAL.—To carry out the activities de-
scribed in subsection (c), the Secretary shall—
(A) enter into contracts with at least two
regional entities for each region described in sub-
section (b), on a competitive basis, for a 5-year
period, to provide services under this title, and
of such entities—
(i) the primary duties of at least one
regional entity for each region shall include
those described in subsections (c)(3) and
(c)(4);
(ii) the primary duties of at least one
regional entity for each region shall include
those described in subsection (c)(1); and
(iii) at least one of the regional entities
described in clauses (i) and (ii) shall be a
nonprofit entity; and
(B) provide contracts of not more than a 5-
year period, each of which shall be on a competi-
tive basis, with private or public, for profit or
nonprofit, research organizations, institutions,
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
(c), which may include regional entities that car-
ried out activities under the Educational Re-
search, Development, Dissemination, and Im-
provement Act of 1994 (20 U.S.C. 5801 et seq.)
(as such Act existed 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) APPLICATION.—Each regional entity seeking
a contract under this subsection shall submit an ap-
plication at such time, in such manner, and con-
taining such additional information as the Secretary
may reasonably require. Each such application
shall—
(A) cover not less than a 5-year period; and
(B) describe how the applicant will carry
out the activities described in subsection (c).
(3) OBJECTIVES AND INDICATORS.—Before enter-
ing into a contract under this subsection, the Sec-
retary shall design specific objectives and measurable
indicators to be used to assess the particular program
or initiatives and ongoing progress and performance
of regional entities to ensure the 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.
(e) COORDINATION.—In order to assure coordination
and prevent unnecessary duplication of activities among
the regions, the Secretary shall—
(1) share information about the activities of each
regional entity with each other regional entity and
with the Department, including the Director of the
Academy of Education Sciences and the National
Board for Education Sciences;
(2) create a strategic plan for the development of
activities undertaken by the each regional entity to
increase collaboration and resource-sharing in such
activities;
(3) where appropriate, employ methods through
which the activities undertaken by each of the re-
gional entities also serves national interests; and
(4) assure that each of the entities funded under
this section coordinate their activities with each other.
(f) CONTINUATION.—In order to carry out the purpose
of this title and facilitate the transition to regional entities,
the Secretary—
(1) shall continue the existing awards of the re-
gional educational laboratories established under sec-
tion 941(h) of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994
(as such provision existed on the day before the date
of enactment of this Act), the Eisenhower Regional
Mathematics and Science Education Consortia estab-
lished under part M of such Act (as such part existed
on the day before the date of enactment of this Act),
and the Regional Technology in Education Consortia
for the duration of those existing awards in accord-
ance with the terms and agreements of such awards;
and
(2) may extend for no more than 2 years the
awards of the Comprehensive Regional Assistance
Centers established under part K of the Educational
Research, Development, Dissemination, and Improve-
ment Act of 1994 (as such part existed on the day be-
fore the date of enactment of this Act).
SEC. 204. REGIONAL ADVISORY COMMITTEES.
(a) ESTABLISHMENT AND MEMBERSHIP.—
(1) IN GENERAL.—The Secretary shall support,
through grants awarded under section 205, a regional
advisory committee in each region referred to in sec-
tion 203(b). Each such committee shall be established
by the Governors, in consultation with the chief State
school officers, in such region. The membership of
such a committee shall not exceed 25 members, shall
represent a balanced representation of States in the
region, and shall consist of the following individuals:
(A) Not more than one representative of
each State educational agency geographically lo-
cated in the region.
(B) Representatives of local educational
agencies, who shall be selected jointly by the Gov-
ernors and the chief State school officers in such
States represented by such region and shall in-
clude representatives of urban and rural areas.
(C) Representatives of institutions of higher
education, including individuals representing
university-based education research, and univer-
sity-based research other than education, who
shall be selected jointly by the Governors and the
chief State school officers in such States rep-
resented by such region.
(D) Parents, who shall be selected jointly by
the Governors and the chief State school officers
in such States represented by such region.
(E) Practicing educators, including class-
room teachers, principals, administrators, school
board members, and other local school officials,
who shall be selected jointly by the Governors
and the chief State school officers in such States
represented by such region.
(F) Representatives of business, who shall be
selected jointly by the Governors and the chief
State school officers in such States represented by
such region.
(G) Researchers, who shall be selected joint-
ly by the Governors and the chief State school of-
ficers in such States represented by such region.
(2) SPECIAL RULE.—The number of members on
each such committee selected under subparagraphs
(B), (D), and (E) of paragraph (1), collectively, shall
total more than those selected under subparagraphs
(A), (C), (F), and (G) of such paragraph, collectively.
(b) AUTHORITY.—Each regional advisory committee
shall have the authority to accept gifts, in-kind contribu-
tions, services, or other assistance to facilitate the commit-
tee’s activities.
(c) PLAN.—Each regional advisory committee shall—
(1) develop a 5-year plan for serving the needs
of all States and, to the extent practicable, local needs
within the region by conducting a survey of the edu-
cational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit
the views and needs of schools, public charter schools,
teachers, administrators, parents, local educational
agencies, librarians, businesses, State educational
agencies, and other customers within the region; and
(2) submit the plan to the Secretary, at such
time, in such manner, and containing such informa-
tion as the Secretary may require, and to the Director
of the Academy of Education Sciences, to assist in
making decisions regarding the priorities under sec-
tion 116 of the Education Sciences Reform Act of
2002 and the priorities described under section
208(a).
SEC. 205. GRANTS.
(a) AUTHORITY.—In order to support the activities of
the regional advisory committees established under section
204 (including conducting the survey of regional needs de-
scribed in section 204(c)(1)), the Secretary shall make a
grant to an entity within each region that is approved by
the Governor and the chief State school officer of each State
within the region. A grant under this subsection shall not
exceed $150,000 and shall not exceed 1 year in duration.
(b) APPLICATION.—In order to receive a grant under
subsection (a), the entity applying on behalf of the regional
advisory committee shall submit to the Secretary for ap-
proval an application that contains—
(1) documentary evidence of the entity’s ap-
proval by the Governor and chief State school officer
of each State within the region;
(2) an assurance that the regional advisory com-
mittee will comply with the requirements of section
204; and
(3) such other information as the Secretary may
reasonably require.
(c) SUBSEQUENT GRANTS.—The Secretary shall make
grants subsequent to those made under subsection (a) on
a timely basis, in order to ensure the preparation and sub-
mission of a second 5-year plan.
SEC. 206. REGIONAL ENTITY BOARDS.
(a) COMPOSITION.—The regional entities described in
section 203(d)(1)(A) shall be governed by a board (in this
title referred to as a ‘‘regional entity board’’) composed of—
(1) the chief State school officers (or other State
officials in each State served by the regional entity
who have primary responsibility under State law for
elementary and secondary education in the State), or
their designees, in the region served by the regional
entity; and
(2) not more than 20 other members who are
representative of the educational interests in the re-
gion served by the regional entity and are selected
jointly by the officials specified in paragraph (1) and
the Governors of each State within the region,
including—
(A) representatives of local educational
agencies, including representatives of urban and
rural areas;
(B) representatives of institutions of higher
education;
(C) parents;
(D) practicing educators, including class-
room teachers, principals, and administrators;
(E) representatives of business; and
(F) policymakers, expert practitioners, and
researchers with knowledge of, and experience
using, the results of research, evaluation, and
statistics.
(b) PLAN.—Each regional entity board shall develop
and submit to the Secretary for approval a plan that ad-
dresses the needs identified by the appropriate regional ad-
visory committee under section 204(c)(1). Such plan shall
be submitted in a manner and form, and containing such
information, as the Secretary may require. Such plan shall
be developed to guide the regional entities in carrying out
this section and satisfying the terms and conditions of the
contract awards, and to assist in making decisions regard-
ing the national priorities within education research.
(c) DUTIES.—Each regional entity board shall—
(1) be the sole entity that guides and directs the
regional entities in carrying out this title, satisfying
the terms and conditions of the contract award, and
determining the regional agenda and mission of such
entities;
(2) ensure that the regional entities attain and
maintain a high level of quality of work;
(3) establish standards to ensure that the re-
gional entities have strong and effective governance,
organization, management, and administration, and
employ qualified staff;
(4) direct the regional entities to carry out their
duties in a manner that will make progress toward
reforming schools and educational systems;
(5) coordinate its activities, collaborate, and reg-
ularly exchange information with the Secretary, the
Director of the Academy of Education Sciences, the
Office of Educational Resources and Dissemination of
the Academy, and other appropriate entities includ-
ing educational service agencies as described in the
No Child Left Behind Act of 2001 (Public Law 107–
110);
ementary and Secondary Education Act of 1965
(20 U.S.C. 6316).
(d) GIFTS.—Each regional entity board shall have the
authority to accept gifts, in-kind contributions, services, or
other assistance to facilitate its activities.
SEC. 207. PUBLIC INPUT.
Before entering into a contract under this title, the
Secretary shall seek input from Governors, chief State
school officers, educators, and parents regarding the need
for applied research, dissemination, training, technical as-
sistance, and development activities authorized by this title
in the States to be served and how those needs would be
addressed most effectively.
SEC. 208. PRIORITIES AND EVALUATIONS.
(a) PRIORITIES.—The Secretary may establish annual
priorities for the regional entities.
(b) EVALUATIONS.—The Secretary shall provide for
ongoing independent evaluations of the regional entities re-
ceiving grants, contracts, or cooperative agreements in car-
rying out the duties under this title, the results of which
shall be transmitted to the appropriate congressional com-
mittees and the Director of the Academy of Education
Sciences. Such evaluation shall include an analysis of the
services provided under this title, the extent to which the
regional entities have met the objectives of the plans sub-
mitted under sections 204(c) and 206(b), and whether such
services have met the needs of State educational agencies
and local educational agencies and schools in the region,
including those local educational agencies and schools de-
scribed under section 206(c)(7).
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $189,000,000 for fiscal year
2003 and such sums as may be necessary for each of the
5 succeeding fiscal years.
(b) LIMITATION.—Not more than 2.5 percent of the
funds appropriated under subsection (a) for a fiscal year
may be used for the evaluations required under section 208.
SEC. 210. GENERAL PROVISIONS.
Part E of the Education Sciences Reform Act of 2002
applies to this title, as appropriate, except that any respon-
sibilities assigned solely to the Director of the Academy of
Education Sciences shall be the responsibility of the Sec-
retary.
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. STATE DEFINED.
In this title, the term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth
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 (re-
lating to the National Assessment Governing
Board); and
(B) $107,500,000 to carry out section 303
(relating to the National Assessment of Edu-
cational Progress); and
(2) such sums as may be necessary for each of
the 5 succeeding fiscal years to carry out sections 302
and 303.
(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) so that paragraph (1) of subsection (b) reads
as follows:
‘‘(1) IN GENERAL.—
‘‘(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, require
the Director, any Commissioner of a National
Education Center, or any other employee of the
Academy to disclose individually identifiable in-
formation that has been collected or retained
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)’’;
(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 transfer-
ring all the subsections (including subsections (a)
through (c)) and redesignating such subsections as
subsections (c) through (e), respectively, at the end of
section 184 of this Act.
(b) CONFORMING AMENDMENT.—Sections 302 and 303
of this Act are redesignated as sections 304 and 305, respec-
tively.
(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Sec-
tion 412 of the National Education Statistics Act of 1994
(20 U.S.C. 9011) is amended—
(1) in subsection (a), by striking ‘‘referred to as
the ‘Board’ ’’ and inserting ‘‘referred to as the ‘Assess-
ment Board’ ’’;