I
106TH CONGRESS
2D SESSION
H. R. 4875
To provide for improvement of Federal education research, evaluation,
information, and dissemination.
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2000
Mr. CASTLE (for himself, Mr. GOODLING, Mr. BALLENGER, Mr. BOEHNER,
Mr. DEMINT, and Mr. ISAKSON) 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,
evaluation, information, and dissemination.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Scientifically Based Education Research, Statistics,
Evaluation, and Information Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Academy authorization of appropriations.
TITLE I—NATIONAL ACADEMY FOR EDUCATION RESEARCH,
STATISTICS, EVALUATION, AND INFORMATION
Sec. 101. National Academy for Education Research, Statistics, Evaluation,
and Information.
Sec. 102. National Board for Education Research, Statistics, Evaluation, and
Information.
Sec. 103. National Education Library and Clearinghouse Office.
TITLE II—NATIONAL CENTERS FOR EDUCATION RESEARCH,
EVALUATION, AND STATISTICS; NATIONAL ASSESSMENT GOV-
ERNING BOARD
Subtitle A—National Centers for Education Research, Evaluation, and
Statistics
CHAPTER 1—NATIONAL CENTER FOR EDUCATION RESEARCH
Sec. 201. Declaration of policy.
Sec. 202. Establishment.
Sec. 203. Commissioner; senior scientist; staff.
Sec. 204. Duties.
Sec. 205. Committee on Education Research.
Sec. 206. Report.
Sec. 207. Authority to publish.
Sec. 208. Standards for conduct and evaluation of research.
CHAPTER 2—NATIONAL CENTER FOR PROGRAM EVALUATION
Sec. 211. Establishment.
Sec. 212. Commissioner; staff.
Sec. 213. Duties.
Sec. 214. Independent review panels.
CHAPTER 3—NATIONAL CENTER FOR EDUCATION STATISTICS
Sec. 221. Short title.
Sec. 222. Findings; purpose.
Sec. 223. Establishment.
Sec. 224. Commissioner; deputy commissioner and associate commissioners;
staff.
Sec. 225. Duties.
Sec. 226. Performance of duties.
Sec. 227. Reports.
Sec. 228. Advisory Council for Education Statistics.
Sec. 229. Confidentiality.
Sec. 230. Dissemination.
Sec. 231. Cooperative education statistics systems.
Subtitle B—National Assessment Governing Board and National Assessment
of Educational Progress
CHAPTER 1—NATIONAL ASSESSMENT GOVERNING BOARD
Sec. 251. National Assessment Governing Board.
Sec. 252. National Assessment of Educational Progress.
Sec. 253. Prohibition on federally sponsored testing.
TITLE III—ACTIVITIES WITHIN THE DEPARTMENT OF
EDUCATION
Sec. 301. Office of Planning, Performance Management, and Technical Assist-
ance.
Sec. 302. Authorization of appropriations.
TITLE IV—MISCELLANEOUS PROVISIONS
Sec. 401. Transition provisions.
Sec. 402. Repeals.
SEC. 2. DEFINITIONS.
Except as otherwise provided in this Act, in this Act:
(1) SCIENTIFICALLY
VALID
RESEARCH.—The
term ‘‘scientifically valid research’’ includes applied
research, basic research, and field-initiated research
whose rationale, design, and interpretation is sound-
ly developed in terms of established scientific re-
search and that is conducted in accordance with sci-
entifically based quantitative research standards and
qualitative research standards as defined in this Act.
(2) 
BASIC
RESEARCH.—The 
term 
‘‘basic
research’’—
(A) means research to gain fundamental
knowledge or understanding of phenomena and
observable facts without specific application to-
ward processes or products; and
(B) includes original investigations for the
advancement of scientific knowledge in the field
of education.
(3) APPLIED
RESEARCH.—The term ‘‘applied
research’’ means research to gain knowledge or un-
derstanding necessary for determining the means by
which a recognized and specific need may be met
and is specifically directed to discovery of new sci-
entific knowledge which has as its specific objective
the improvement of basic academic skills.
(4) FIELD-INITIATED
RESEARCH.—The term
‘‘field-initiated research’’ means basic research or
applied research in which topics and methods of
study are generated by investigators, including
teachers and other practitioners, and which conform
to scientifically valid research.
(5) SCIENTIFICALLY BASED QUANTITATIVE RE-
SEARCH
STANDARDS.—The 
term 
‘‘scientifically
based quantitative research standards’’—
(A) means the application of rigorous, sys-
temic, and objective procedures to obtain valid
knowledge relevant to education activities and
programs; and
(B) includes research that—
(i) 
employs 
systematic, 
empirical
methods that draw on observation or ex-
periment;
(v) uses valid and reliable measures to
document program implementation and im-
pacts;
(B) includes only those program evalua-
tions that—
(i) use qualitative and quantitative
methodologies that are judged by the social
science and evaluation research commu-
nities to be of the highest quality.;
(ii) in order to study program impacts
use, whenever possible, some form of a
classical experimental design with random
assignment, in order;
(iii) when experimental designs are
not feasible in order to study program im-
pacts, use the strongest possible quasi-ex-
perimental alternative, basing it on longi-
tudinal data; and
(iv) in order to study program imple-
mentation, use a combination of qualitative
and quantitative methods.
(8) DEVELOPMENT.—The term ‘‘development’’
is the systematic use of knowledge or understanding
gained from the findings of basic research and ap-
plied research that may prove useful in the prepara-
tion of materials, new methods of instruction and
practices in teaching, which may lead to the im-
provement of the academic skills of students, and
that are replicable in different educational settings.
(9) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Education and
the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and
Pensions of the Senate.
(10) BOARD.—Except as provided in subtitle B
of title II or title III, the term ‘‘Board’’ means the
National Board for Education Research, Statistics,
Evaluation, and Information.
(11) DEPARTMENT.—The term ‘‘Department’’
means the Department of Education.
(12) DIRECTOR.—Except as provided in title
III of this Act, the term ‘‘Director’’ means the Di-
rector of the National Academy for Education Re-
search, Evaluation, Statistics, and Information ap-
pointed under section 101 of this Act.
(13) DISSEMINATION.—The term ‘‘dissemina-
tion’’ means the communication and transfer,
through the provision of technical assistance, elec-
tronic transfer, and other means, of the results of
scientifically valid research, in forms that are under-
standable, easily accessible and usable or adaptable
for use in the improvement of educational practice
by teachers, administrators, librarians, other practi-
tioners, researchers, policymakers, and the public.
(14) ACADEMY.—The term ‘‘Academy’’ means
the National Academy for Education Research, Sta-
tistics, Evaluation, and Information established by
section 101 of this Act.
(15) INSTITUTION OF HIGHER EDUCATION.—
The term ‘‘institution of higher education’’ has the
same meaning given such term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(16) LOCAL EDUCATIONAL AGENCY.—The term
‘‘local educational agency’’ has the same meaning
given such term in section 14101(18) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C 8801(18)).
(17) STATE; 
UNITED
STATES.—The terms
‘‘State’’ and ‘‘United States’’—
(A) except as provided in subparagraph
(B), mean each of the 50 States, the District
of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern
Mariana Islands; and
(B) for purposes of chapter 3 of subtitle A
of title II of this Act, mean each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
(18) STATE EDUCATIONAL AGENCY.—The term
‘‘State educational agency’’ has the same meaning
given such term in section 14101(28) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 8801(28)).
(19) 
TECHNICAL
ASSISTANCE.—The 
term
‘‘technical assistance’’ means assistance in identi-
fying, selecting, or designing solutions based on
standards scientifically valid research, or applied re-
search to address educational problems, planning,
and design that leads to adapting such knowledge to
school practice, training to implement such solu-
tions, and other assistance necessary to encourage
adoption or application of such research.
SEC. 3. ACADEMY AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the greater of 0.75 percent or $276,485,000
of the amount available to carry out discretionary pro-
grams for the Department of Education, for each of the
fiscal years 2002 through 2006, shall be made available
to carry out titles I and II for each such fiscal year, of
which—
(1) 14 percent, but no less than $39,000,000,
shall be made available for the Director to carry out
title I, except for section 103;
(2) 8 percent, but no less than $22,800,000,
shall be made available to carry out section 103 of
title I;
(3) 31 percent, but no less than $84,800,000,
shall be made available to the Commissioner of Re-
search to carry out chapter I of title II;
(4) 8 percent, but no less than $21,900,000
shall be made available to the Commissioner of Eval-
uation to carry out chapter 2 of title II;
(5) 25 percent, but no less than $40,000,000,
shall be made available to the Commissioner of Sta-
tistics to carry out chapter 3 of title II;
(6) 1 percent, but no less than $4,000,000,
shall be made available to the National Assessment
Governing Board to carry out section 251 of subtitle
B of title II; and
(7) 13 percent, but no less than $36,000,000,
shall be made available to the National Assessment
Governing Board to carry out the National Assess-
ment for Educational Progress in section 252 of
subtitle B of title II.
(b) AVAILABILITY.—Amounts made available under
subsection (a) shall remain available until expended.
TITLE 
I—NATIONAL 
ACADEMY
FOR EDUCATION RESEARCH,
STATISTICS, 
EVALUATION,
AND INFORMATION
SEC. 
101. 
NATIONAL 
ACADEMY 
FOR 
EDUCATION 
RE-
SEARCH, STATISTICS, EVALUATION, AND IN-
FORMATION.
(a) ESTABLISHMENT.—There is established in the ex-
ecutive branch an independent agency to be known as the
National Academy for Education Research, Statistics,
Evaluation, and Information. The Academy shall have a
board of directors and shall be administered in accordance
with the provisions of this Act under the supervision and
direction of a Director.
(b) MISSION.—The Academy is charged by Congress
to ensure all research, evaluation, statistics, and dissemi-
nation activities supported by Federal funds through the
Academy conform to high standards of quality, integrity,
and accuracy, and are free from ideological agendas and
undue political influence, in order to provide parents, edu-
cators, students, researchers, policymakers, and the gen-
eral public, with reliable information about the condition
and progress of education in the United States, edu-
cational practices that improve academic achievement, and
the effectiveness of Federal education programs.
(c) DIRECTOR.—The Director of the Academy shall
be appointed by the President, by and with the advice and
consent of the Senate, and shall serve for a term of six
years, beginning on the date of appointment.
(d) QUALIFICATIONS.—The Director shall be selected
from individuals who are highly qualified authorities in the
fields of research, statistics, evaluation methodology, edu-
cation, as well as management within such areas, and has
a demonstrated capacity for sustained productivity and
leadership in these areas.
(e) PERSONNEL.—Consistent with title 5, United
States Code, the Director may appoint and fix the pay
of such staff as the Director determines to be necessary
to carry out the functions of the Academy which may in-
clude, as reasonably required by the Director, the hiring
of certain scientific or technical employees for limited peri-
ods of time, without regard to the provisions of title 5,
United States Code, governing appointment in the com-
petitive service, and the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to classi-
fication and General Schedule pay rates.
(f) RESPONSIBILITIES OF DIRECTOR.—It shall be the
responsibility of the Director to—
(1) approve the broad policy and agenda of the
Academy, including, the general areas of research to
be carried out by the National Center of Education
Research, as developed by the Board pursuant to
section 102(b);
(2) oversee and coordinate, as appropriate, the
activities carried out under the Academy;
(3) ensure the methodology applied in con-
ducting research, evaluation, and statistical analysis
is consistent with the relevant standards and defini-
tions of such activities under this Act;
(4) oversee and delegate to the appropriate
Center large-scale development activities;
(5) determine which, if any, additional program
evaluations shall be conducted by the Center for
Program Evaluation, in addition to those specified
under section 213;
(6) coordinate evaluation activities of this title
with the Secretary of Education;
(7) oversee dissemination activities of the Acad-
emy;
(8) appoint members of the boards and commit-
tees within the Academy in accordance with this Act
with the exception of the Board appointed under sec-
tion 102;
(9) oversee the orderly transition of activities
from the Department of Education to the Academy;
and
(10) carry out other activities pursuant to this
Act.
(g) INTERAGENCY ACCESS.—The Director of the
Academy shall coordinate with the Secretary of Education
to ensure that the Department of Education and each of
the Centers within the Academy use common sources of
data in standardized formats. To the extent possible such
program data should be maintained and updated in a loca-
tion accessible to the Department and each such Center
within the Academy.
(h) PUBLIC ACCESS.—The Director shall ensure that
the Commissioner of each Center establishes and main-
tains a regular schedule of data releases for all of the in-
formation it collects in order to carry out the missions of
the Centers. Data collected for statistical, research, and
evaluation purposes shall be archived in electronic format
and made accessible to the public in a timely fashion.
(i) CONFIDENTIALITY.—All collection, maintenance,
use, and dissemination of data by the Academy shall con-
form with the requirements of the Privacy Act of 1974
and the confidentiality requirements under section 229 of
this Act.
(j) NO REVIEW.—No report issued by the Academy
shall be subject to review by any other Federal office or
agency.
SEC. 102. NATIONAL BOARD FOR EDUCATION RESEARCH,
STATISTICS, 
EVALUATION, 
AND 
INFORMA-
TION.
(a) IN GENERAL.—The board of directors of the
Academy shall be known as the ‘‘National Board for Edu-
cation Research, Statistics, Evaluation, and Information’’.
(b) GENERAL FUNCTIONS.—The responsibility of the
Board shall be to—
(1) develop a proposal, for submission to the
Director, of broad policy and an agenda of the Acad-
emy, including, the general areas of research to be
carried out by the National Center for Education
Research established under section 202(a);
(2) review and regularly evaluate the work of
the Academy to ensure that research, evaluation,
and statistical analysis is consistent with standards
and definitions of such activities under this Act;
(3) ensure activities carried out under the
Academy are not subject to partisan or political in-
fluence; and
(4) provide advice and expertise to the Director
on general policies with respect to the duties of the
Academy; and
(5) carry out other duties and responsibilities
pursuant to this Act.
(c) COMPOSITION OF BOARD.—
(1) VOTING
MEMBERS.—The Board shall be
composed of 19 voting members of whom—
(A) 1 member shall be the Commissioner
for Education Research appointed under section
203(a);
(B) 1 member shall be the Commissioner
for Program Evaluation appointed under sec-
tion 212(a);
(C) 1 member shall be the Commissioner
for Education Statistics appointed under sec-
tion 224(a);
(D) 1 member shall be the Secretary of
Education;
(E) 1 member shall be the Director of the
National Institute of Child Health and Human
Development;
(F) 1 member shall be the Director of the
Census;
(G) 1 member shall be the Commissioner
of Labor Statistics;
(H) 1 member shall be the President of the
National Academy of Sciences;
(I) 3 members shall be appointed by the
President;
(J) 4 members shall be appointed by the
Speaker of the House, 2 such members shall be
selected from recommendations made by the
majority leader of the House and 2 such mem-
bers shall be selected from recommendations
made by the minority leader of the House; and
(K) 4 members shall be appointed by the
President pro tempore of the Senate, of whom
2 such members shall be selected from rec-
ommendations made by the majority leader of
the Senate and 2 such members shall be se-
lected from recommendations made by the mi-
nority leader of the Senate.
(2) APPOINTED MEMBERSHIP.—Individuals ap-
pointed under subparagraphs (I), (J), and (K) of
paragraph (1), shall include individuals from each of
the following groups—
(A) educators, including classroom teach-
ers, principals, and other school administrators;
(B) parents;
(C) business leaders; and
(D) researchers.
(3) TERMS.—Members of the Board appointed
under subparagraphs (I), (J), and (K) of paragraph
(1), shall, as designated by a random selection proc-
ess at the time of appointment, be as follows:
(A) 5 years for each of 4 members of the
Board;
(B) 4 years for each of 4 members of the
Board; and
(C) 3 years for each of 3 members of the
Board.
(4) VACANCIES.—Any vacancy in the Board
shall not affect its powers, but shall be filled in the
same manner as the original appointment.
(5) CHAIRPERSON.—The Board shall annually
elect a Chairperson from among the members of the
Board.
(6) COMPENSATION.—Except as provided in the
following sentence, members of the Board shall serve
without pay. 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) EXECUTIVE DIRECTOR AND STAFF.—
(A) IN GENERAL—The Board shall have
an Executive Director who shall be appointed
by the Board.
(B) STAFF.—Consistent with title 5,
United States Code, the Executive Director
may appoint and fix the pay of such staff as
the Executive Director determines to be nec-
essary to carry out the functions of the Board
which may include, as reasonably required by
the Executive Director, the hiring of certain sci-
entific or technical employees for limited peri-
ods of time, without regard to the provisions of
title 5, United States Code, governing appoint-
ment in the competitive service, and the provi-
sions of chapter 51 and subchapter III of chap-
ter 53 of such title relating to classification and
General Schedule pay rates.
(9) MEETINGS.—The Board shall meet not less
than 4 times each year. The Board shall hold addi-
tional meetings at the call of the Chairperson of the
Board or upon the request in writing of 6 members
of the Board.
(10) QUORUM.—A majority of the members of
the Board shall constitute a quorum.
SEC. 103. NATIONAL EDUCATION LIBRARY AND CLEARING-
HOUSE OFFICE.
(a) ESTABLISHMENT.—There is established, within
the Academy a National Education Library and Clearing-
house Office (in this section referred to as the ‘‘Library’’)
which shall be headed by a Deputy Director appointed by
the Director.
(b) GENERAL DUTIES.—The duties of the Library
shall be to collect, assess, and archive all products and
publications developed through or supported by the Acad-
emy, as well as other relevant and useful educational re-
lated research information, projects, and publications de-
veloped by the Department of Education, other Federal
agencies, or other entities, and make such information ac-
cessible in a user-friendly, timely, and efficient manner,
including through the Internet, to schools, educators, par-
ents, administrators, policymakers, entities responsible for
carrying out technical assistance through the Department
of Education, and the general public.
(c) ADDITIONAL REQUIREMENTS.—In carrying out
the duties under subsection (b), the Deputy Director
shall—
(1) ensure that information disseminated under
this section is completed in a cost-effective, non-
duplicative manner which may be through the estab-
lishment or continuation of individual clearing-
houses, to the extent determined appropriate by the
Deputy Director; and
(2) ensure that all information disseminated re-
flects the best information available from research
and practice which, at a minimum, shall include in-
formation in the core academic areas, including
reading, writing, mathematics, and science.
TITLE II—NATIONAL CENTERS
FOR EDUCATION RESEARCH,
EVALUATION, 
AND 
STATIS-
TICS; NATIONAL ASSESSMENT
GOVERNING BOARD
Subtitle A—National Centers for
Education 
Research, 
Evalua-
tion, and Statistics
CHAPTER 1—NATIONAL CENTER FOR
EDUCATION RESEARCH
SEC. 201. DECLARATION OF POLICY.
The Congress declares the following:
(1) It is the policy of the United States that
education is the primary responsibility of the States
and the people.
(2) The role of the Federal Government is to
supplement education efforts at the State and the
local levels, especially in areas where students are
most disadvantaged.
(3) In particular, the Federal Government has
a responsibility to conduct scientifically valid re-
search that will benefit public education generally.
(4) Education research must be conducted with
a minimum of political influence and with utmost in-
tegrity and free from ideological agendas.
SEC. 202. ESTABLISHMENT.
(a) ESTABLISHMENT—There is established, within
the National Academy for Education Research, Evalua-
tion, Statistics, and Information established under title I
of this Act, a National Center for Education Research
(hereafter in this chapter referred to as the ‘‘Center’’).
(b) MISSION—The mission of the Center shall be to
provide national leadership in—
(1) expanding fundamental knowledge and un-
derstanding of education, particularly to improve the
teaching and learning of reading, writing, mathe-
matics, science, and other academic subjects;
(2) using accepted practices of scientific inquiry
to obtain knowledge, comprehension or under-
standing of the truth of a particular educational the-
ory, practice or condition; and
(3) promoting scientifically valid research find-
ings that can provide the basis for improving aca-
demic instruction and learning in the classroom.
SEC. 203. COMMISSIONER; SENIOR SCIENTIST; STAFF.
(a) COMMISSIONER.—The Center shall be headed by
a Commissioner of Education Research (hereafter in this
chapter referred to as the ‘‘Commissioner’’) who shall be
appointed by the President and who—
(1) shall have substantial knowledge of pro-
grams assisted by the Center, including a high level
of expertise in the field of research and research
management;
(2) shall be paid in accordance with section
5315 of title 5, United States Code; and
(3) shall serve a term of six years, with the
terms to expire every sixth July 1, beginning in
2001.
(b) SENIOR SCIENTIST.—The Commissioner shall ap-
point a Senior Scientist to serve as the senior research
expert in the Center to advise the Commissioner and staff
of the Center on—
(1) scientific and technical standards to govern
the activities of the Center and the research it sup-
ports;
(2) the planning and design of programs of re-
search to be supported by the Center;
(3) the quality and rigor of research supported
by the Center; and
(4) other matters related to ensuring high qual-
ity in the activities of the Center.
(c) STAFF.—Consistent with title 5, United States
Code, the Commissioner may appoint and fix the pay of
such staff as the Commissioner determines to be necessary
to carry out the functions of the Center which may in-
clude, as reasonably required by the Commissioner, the
hiring of certain scientific or technical employees for lim-
ited periods of time, without regard to the provisions of
title 5, United States Code, governing appointment in the
competitive service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classi-
fication and General Schedule pay rates.
SEC. 204. DUTIES.
(a) GENERAL DUTIES—The duties of the Commis-
sioner are—
(1) to maintain published peer review standards
and standards for the conduct and evaluation of all
research, development, and dissemination carried out
under the auspices of the Center pursuant to the
provisions of this chapter;
(2) to approve and carry out the specific long-
term priorities as developed by the Committee for
Education Research established under section 205
based upon the general priorities set forth by the
National Academy for Education Research, Evalua-
tion, Statistics, and Information;
(3) to develop a research plan, based upon the
priorities described in paragraph (2), which shall be
carried out pursuant to paragraph (4), and as
deemed appropriate by the Commissioner, be up-
dated and modified to reflect findings from the eval-
uative summaries conducted under subsection (b),
the Regional Board Reports described under 208 of
the Department of Education Organization Act (20
U.S.C. 3419) (as amended by section 301 of this
Act), and other appropriate information;
(4) to enter into contracts, grants, or coopera-
tive agreements in accordance with section 208(b),
at an amount and for a length of time determined
to be appropriate by the Commissioner, with eligible
research grantees, to carry out scientifically valid re-
search that—
(A) is performance-based and subject to
objective and measurable indicators, including
timelines, that are used to assess the progress
and performance of such research;
(B) meets the standards of research and
peer review described in section 208(a); and
(C) includes both basic research and ap-
plied research and which shall include research
conducted through field-initiated studies and
which may include ongoing research initiatives
that may be conducted through research and
development centers;
(5) to promote the coordination of scientifically
valid research within the Federal Government, and
otherwise assist and foster such research, including
through active participation in interagency research
initiatives;
(6) to ensure research conducted by the Center
is applicable to education practice and policy;
(7) to synthesize and disseminate, in coordina-
tion with the National Education Library and Clear-
inghouse Office, the findings and results of edu-
cation research conducted or supported by the Cen-
ter; and
(8) to prepare and submit an annual report, as
described in section 206, which shall, along with the
research priorities, be made available to the public
through such means as the Internet.
(b) EVALUATIVE SUMMARIES OF RESEARCH PRIOR-
ITIES.—In addition to the duties described in subsection
(a), the Center shall also oversee and support the conduct
of an evaluative summary of the primary education pri-
ority areas of each of the National Research and Develop-
ment Centers described in subsection (e), which—
(1) to the extent determined appropriate by the
Commissioner, shall be carried out through national
research and development centers;
(2) shall be completed not later than 1 year
after the date of the enactment of this Act; and
(3) shall be submitted to the Commissioner and
the Committee on Educational Research established
under section 205 to provide assistance on devel-
oping and implementing the research plan described
in subsection (a)(3).
(c) EVALUATIVE SUMMARY.—Each evaluative sum-
mary undertaken pursuant to subsection (b) shall—
(1) include a detailed description of the findings
of the main research and development activities in
each of the priority areas of such Center;
(2) describe how such new knowledge or under-
standing extends or otherwise relates to what had
been previously known or understood;
(3) describe the implications of such new knowl-
edge or understanding for educational practice and
school reform;
(4) include any development, reform, and other
assistance activities which have utilized such knowl-
edge or understanding and the effects of such ef-
forts;
(5) include a classification of all major research
conducted within each such priority area, including
all research conducted using Federal funds, into one
of not more than 4 classifications which shall be ini-
tially developed by the Commissioner within 3
months after the date on which such first Commis-
sioner is appointed, which provides a user-friendly
mechanism for parents, educators, policymakers, and
the general public to determine the type, reliability,
and utility of specific research in accordance with
scientifically valid research; and
(6) include an analysis of the major program
activities of the Center in the categories of basic re-
search, applied research, or development, and wheth-
er such research meets scientifically based quan-
titative research standards or scientifically based
qualitative standards, as defined in this Act.
(d) TRANSITION.—For purposes of carrying out the
evaluative summaries pursuant to subsection (b) and to
carry out any other duties deemed appropriate by the
Commissioner, consistent with this chapter, the Commis-
sion shall extend any cooperative agreement, grant or con-
tract made to a National Research and Development Cen-
ter (as such Center was in existence on the day before
the date of the enactment of this Act), for a period of
not more than two years, after which the Commissioner,
based upon the priorities of the Center and the research
plan developed under subsection (a)(3), and the extent to
which the work of the Center has met the standards of
scientifically valid research, shall—
(1) extend or renegotiate such grant, contract
or cooperative agreement with such Center for a pe-
riod not to extend beyond fiscal year 2005; or
(2) terminate or prohibit the renewal such
grant, contract or cooperative agreement.
(e) ELIGIBLE RESEARCH GRANTEE.—In this section,
the term ‘‘eligible research grantee’’ means a private or
public, for profit, or nonprofit research organization, insti-
tution, agency, institution of higher education, individual,
or a consortium thereof, including, but not limited to, na-
tional research and development centers and regional edu-
cation laboratories for research, development, dissemina-
tion, and technical assistance with the ability or capacity
to carry out scientifically valid research.
SEC. 205. COMMITTEE ON EDUCATION RESEARCH.
(a) ESTABLISHMENT.—There is established, within
the Center, a Committee for Education Research (here-
after in this chapter referred to as the ‘‘Committee’’).
(b) MEMBERSHIP.—
(1) QUALIFICATIONS.—The members of the
Committee shall be individuals who, by virtue of
their training, experience, and background are able
to contribute to the mission of the Center described
in section 202(b).
(2) CONFLICT OF INTEREST.—A voting member
of the Committee shall be considered a special Gov-
ernment employee for the purposes of the Ethics in
Government Act of 1978.
(c) APPOINTMENTS.—The Committee shall consist of
7 members appointed by the Director of the Academy. A
majority of members of the Committee shall be experts
in scientifically valid research, including at least one ex-
pert in the field of education and at least one expert in
an academic discipline other than education.
(d) CHAIRPERSON.—The Committee shall select, on
an annual basis, a Chairperson from among its appointed
members.
(e) TERMS OF OFFICE—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the term of office of each voting
member of the Committee shall be not more than 6
years.
(2) VACANCIES.—Any individual appointed to
fill a vacancy occurring on the Committee prior to
the expiration of the term for which the predecessor
of the individual was appointed shall be appointed
for the remainder of the term. A vacancy shall be
filled in the same manner in which the original ap-
pointment was made.
(3) MEMBERS FIRST APPOINTED.—The terms
of office of the members of the Committee who first
take office after the date of the enactment of this
Act shall, as designated by a random selection proc-
ess at the time of appointment, be as follows:
(A) 3 years for each of 2 members of the
Committee.
(B) 4 years for each of 2 members of the
Committee.
(C) 6 years for each of 3 members of the
Committee.
(f) MEETINGS OF COMMITTEE.—
(1) IN GENERAL.—The Committee shall meet
at least quarterly at the call of the Chairperson and
when at least one-third of the members of the Com-
mittee make a written request to meet.
(2) QUORUM.—A majority of the members of
the Committee shall constitute a quorum.
(3) OPEN MEETINGS.—The Government in the
Sunshine Act (5 U.S.C. 552b) shall apply to meet-
ings of the Board.
(g) FUNCTIONS.—It shall be the responsibility of the
Committee—
(1) to develop a limited number of specific,
long-term priorities to focus and guide the Center’s
program of research, based upon the general prior-
ities of the Academy;
(2) in collaboration with the Commissioner, to
determine an appropriate strategy for funding re-
search activities;
(3) to comment on and review the standards of
research described in section 208;
(4) to review the dissemination activities of the
Academy to ensure that scientifically valid research
is being effectively disseminated to schools and
teachers; and
(5) to review regularly, evaluate, and publicly
comment upon—
(A) the research activities of the Center;
and
(B) the state of the quality of Federal edu-
cation research.
(h) 
ADDITIONAL
RESPONSIBILITIES
OF
COM-
MITTEE.—It shall also be the responsibility of the
Committee—
(1) to provide advice and assistance to the
Commissioner in carrying out coordination activities
with other related agencies;
(2) to recommend ways for strengthening active
partnerships among researchers, educational practi-
tioners, librarians, and policymakers;
(3)(A) to solicit advice and information from
the educational field, to define research needs and
suggestions for research topics;
(B) to involve educational practitioners, particu-
larly teachers, in carrying out subparagraph (A);
and
(4) to provide recommendations for how re-
search conducted by the Center translates findings
into workable, adaptable models for use in policy
and in practice across different settings, and rec-
ommendations for other forms of dissemination.
(i) POWERS OF COMMITTEE.—In carrying out its
functions, powers, and responsibilities, the Committee—
(1) shall, without regard to the provisions of
title 5, United States Code, relating to the appoint-
ment and compensation of officers or employees of
the United States, appoint an executive director who
shall assist in carrying out and managing the activi-
ties of the Committee and perform such other func-
tions the Committee determines to be necessary and
appropriate;
(2) shall appoint not more than five employees
to carry out the duties of the Committee;
(3) may arrange for the detail of staff per-
sonnel and utilize the services and facilities of any
department or agency of the Federal Government;
(4) may enter into contracts, or make other ar-
rangements as may be necessary to carry out its
functions;
(5) may review and comment on any grant, con-
tract, or cooperative agreement made or entered into
by the Center;
(6) may, to the extent otherwise permitted by
law, obtain directly from any Federal department or
agency such information as the Committee deems
necessary to carry out its responsibilities; and
(7) shall establish such rules and procedures to
govern its operations as it considers appropriate, to
the extent otherwise permitted by law.
SEC. 206. REPORT.
Not later than December 31 of each year, the Com-
missioner shall transmit to the President, the appropriate
congressional committees and be made widely available to
the public through such means as the Internet, a report
that contains—
(1) a description of the activities carried out by
and through the Center during the prior fiscal year;
(2) a detailed summary of each grant, contract,
and cooperative agreement funded during the prior
fiscal year, including, at a minimum, the amount of
funds, duration, recipient, purpose, goal, and object
of the funds in meeting the mission of the Center,
the products completed through such funds, and an
evaluation of the use of such funds, which shall be
available in a user-friendly electronic database;
(3) a description of how the activities of the
Center comply with scientifically valid research con-
sistent with the provisions of this chapter and have
otherwise contributed to the mission of the Center as
described under section 202(b); and
(4) such additional comments, recommenda-
tions, and materials as the Director of the Academy
considers appropriate.
SEC. 207. AUTHORITY TO PUBLISH.
(a) IN GENERAL.—The Commissioner is authorized
to prepare and publish such information, reports, and doc-
uments as may be of value in carrying out the purposes
of this chapter and are consistent with the purpose and
mission of the Center as described in section 202(b).
(b) QUALITY ASSURANCE.—In carrying out such au-
thority, the Director shall ensure all such information and
reports—
(1) are subjected to rigorous peer review prior
to being published or otherwise made available by
the Academy; and
(2) include the names of its peer reviewers;
(3) are based upon standards described in sec-
tion 208;
(4) are categorized by the level of research the
program or practice has achieved as described in
section 204(b); and
(5) include information on the amount of Fed-
eral assistance provided.
SEC. 208. STANDARDS FOR CONDUCT AND EVALUATION OF
RESEARCH.
(a) IN GENERAL.—In carrying out its duties under
this chapter, the Center shall—
(1) ensure all research conducted under the di-
rection of the Center follows the standards of valid
scientific research;
(2) ensure that the findings of all research con-
ducted under the direction of the Center are pub-
lished in a recognized, peer-reviewed journal;
(3) develop such other standards as may be
necessary to govern the conduct and evaluation of all
research, development, and dissemination activities
carried out by the Center to assure that such activi-
ties meet the highest standards of professional excel-
lence;
(4) 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 also
actively solicit recommendations from research orga-
nizations and members of the general public in the
development of such other standard described in
paragraph (3); and
(5) require research to comply with Federal
guidelines relating to research misconduct.
(b) AWARDING OF FUNDS.—In the case of research
that is carried out through grants, contracts, or coopera-
tive agreements, the Center, at a minimum, shall—
(1) require that a process of open competition
be used in awarding or entering into all grants, con-
tracts, and cooperative agreements under this chap-
ter;
(2) require that a system of peer review of
highly qualified individuals with an in-depth knowl-
edge of the subject to be investigated be utilized by
the Academy—
(A) for reviewing and evaluating all appli-
cations for grants and cooperative agreements
and bids for those contracts which exceed
$100,000; and
(B) for evaluating and assessing the per-
formance of all recipients of grants from and
cooperative agreements and contracts with the
Center;
(3) describe the general procedures which shall
be used by each peer review panel in its operations;
(4) describe the procedures which shall be uti-
lized in evaluating applications for grants, proposed
cooperative agreements, and contract bids and speci-
fy the criteria and factors which shall be considered
in making such evaluations; and
(5) require that the performance of all recipi-
ents of grants from and contracts and cooperative
agreements with the Center shall be periodically
evaluated, both during and at the conclusion of their
receipt of assistance.
CHAPTER 2—NATIONAL CENTER FOR
PROGRAM EVALUATION
SEC. 211. ESTABLISHMENT.
(a) ESTABLISHMENT—There is established, within
the National Academy for Education Research, Evalua-
tion, Statistics, and Information established under title I
of this Act, a National Center for Program Evaluation
(hereafter in this chapter referred to as the ‘‘Center’’).
(b) MISSION—The mission of the Center shall be to
conduct evaluations of Federal education programs to de-
termine the impact of such programs, especially on stu-
dent outcomes.
SEC. 212. COMMISSIONER; STAFF.
(a) COMMISSIONER.—The Center shall be headed by
a Commissioner for Program Evaluation (hereafter in this
chapter referred to as the ‘‘Commissioner’’) who shall be
appointed by the President and who—
(1) should possess a demonstrated capacity for
sustained productivity and leadership in program
evaluation and development, and should be an indi-
vidual who is technically competent in conducting
sound program evaluations;
(2) shall oversee all evaluation and development
activities of the Center, the awarding of contracts,
the development of evaluation methodology, report-
ing the findings of evaluations to the public and
Congress, and other duties essential to carrying out
the mission of the Center; and
(3) shall serve a term of six years.
(b) STAFF.—
(1) IN
GENERAL.—Consistent with title 5,
United States Code, the Commissioner may appoint
and fix the pay of such staff as the Commissioner
determines to be necessary to carry out the func-
tions of the Center which may include, as reasonably
required by the Commissioner, the hiring of certain
scientific or technical employees for limited periods
of time, without regard to the provisions of title 5,
United States Code, governing appointment in the
competitive service, and the provisions of chapter 51
and subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay rates.
(2) REAPPOINTMENT.—The Commissioner may
reappoint an employee described in paragraph (1)
for 1 additional term not to exceed three years if de-
termined necessary by the Commissioner.
SEC. 213. DUTIES.
(a) GENERAL DUTIES.—
(1) IN
GENERAL.—The duties of the Center
are—
(A) to evaluate programs under title I of
the Elementary and Secondary Education Act
of 1965;
(B) to evaluate other Federal education
programs, as determined by the Director of the
Academy;
(C) to evaluate education programs, on a
contractual basis for other Federal or State
agencies; and
(D) to oversee all contracting and per-
sonnel activities of the Center.
(2) ADDITIONAL REQUIREMENTS.—Each eval-
uation conducted by the Center pursuant to para-
graph (1) shall adhere to the highest possible stand-
ards of quality for conducting sound program eval-
uation with respect to research design, statistical
analysis, and the dissemination of findings as de-
scribed in section 2(7) of this Act.
(b) ADMINISTRATION
OF
EVALUATIONS
UNDER
TITLE I OF THE ELEMENTARY AND SECONDARY EDU-
CATION ACT OF 1965.—
(1) IN GENERAL.—The Center shall administer
all operations and contracts associated with evalua-
tions authorized by part E of title I of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 6491 et seq.) and administered by the De-
partment of Education as of the date of the enact-
ment of this Act. These evaluations are to include—
(A) the national assessment of title I of
such Act in accordance with paragraph (3);
(B) a longitudinal evaluation of the effec-
tiveness of school interventions in accordance
with paragraph (4); and
(C) 
national 
longitudinal 
surveys 
of
schools.
(2) QUALITY STANDARDS.—Each evaluation ad-
ministered under this subsection shall conform to
the extent possible to the sound program evaluation
standards defined under section 2(7). The Commis-
sioner shall determine if evaluation designs and
methodology are sound, the extent to which it is rea-
sonable for the evaluation to conform to such stand-
ards, and implement any necessary changes.
(3) NATIONAL ASSESSMENT OF TITLE I.—The
national assessment of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) shall examine in accordance with the stand-
ards under paragraph (2)—
(A) the impact of the programs carried out
under part A of title I of the Elementary and
Secondary Education Act of 1965 upon increas-
ing student academic achievement;
(B) the impact of State standards, assess-
ments, and accountability systems developed
under part A of title I of the Elementary and
Secondary Education Act of 1965 on improving
student achievement and on the quality of edu-
cation programs and instruction at the local
level;
(C) the effectiveness of schoolwide pro-
grams and targeted assistance programs, as
compared to one another, upon improving stu-
dent academic achievement;
(D) the effectiveness of different com-
prehensive school reform models funded under
title I of the Elementary and Secondary Edu-
cation Act of 1965 on improving achievement of
disadvantaged students;
(E) the cost-effectiveness of interventions
funded under part A of title I of the Elemen-
tary and Secondary Education Act of 1965;
(F) the effects of school choice on the aca-
demic achievement of educationally disadvan-
taged students attending schools in need of im-
provement as defined under part A of title I of
the Elementary and Secondary Education Act
of 1965;
(G) the impact of the professional develop-
ment activities supported under title I of the
Elementary and Secondary Education Act of
1965 on instruction and student performance;
(H) the extent to which the resources pro-
vided under title I of the Elementary and Sec-
ondary Education Act of 1965 are targeted to
disadvantaged students; and
(I) the effectiveness of Federal administra-
tion, including monitoring and technical assist-
ance.
(4) NATIONAL LONGITUDINAL STUDY OF EF-
FECTIVENESS
OF
SCHOOL
INTERVENTIONS.—The
Center shall carry out the ongoing longitudinal study
of schools administered by the Secretary of Edu-
cation and ensure that it provides the Congress and
educators described in part A of title I of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) with the following:
(A) An accurate description and analysis
of its short-term and long-term effectiveness
upon academic performance.
(B) A measure of the cost-effectiveness of
title I of such Act in improving student aca-
demic achievement.
(C) A measure of the extent to which the
changes made to part A of title I of the Ele-
mentary and Secondary Education Act of 1965
since 1994 have resulted in increased student
academic achievement.
(D) An analysis of educational practices or
model programs which are the most effective in
improving the achievement of disadvantaged
children.
(E) An analysis of the cost-effectiveness of
different interventions used to improve the
achievement of disadvantaged children.
(F) A stratified sample of school partici-
pating in programs under title I of such Act
and shall ensure that different types of models
or strategies for delivering schools services are
analyzed, such as—
(i) schoolwide and targeted services
under title I of such Act; and
(ii) comprehensive school reform mod-
els.
(G) An analysis of cohorts of students
within the stratified sample of schools for at
least five years which study, when the cohorts
are taken as a whole, provides a picture of such
program’s effectiveness over the elementary and
secondary grades.
(H) An analysis that includes, to the ex-
tent possible, students who transfer to different
schools during the course of the study.
(I) An analysis of the effect of the summer
break on maintaining and building on achieve-
ment gains from one year to the next, and the
effect of summer school on narrowing achieve-
ment gaps.
SEC. 214. INDEPENDENT REVIEW PANELS.
(a) ESTABLISHMENT.—The Commissioner may es-
tablish 1 or more independent review panels (hereafter in
this section referred to as ‘‘panels’’) for each evaluation,
or a set of evaluations, described in section 213, in order
to assist the Center in carrying out the evaluation under
such section. In carrying out each such evaluation, the
Center and the panel shall consult with the appropriate
program office within the Department of Education.
(b) MEMBERSHIP.—
(1) IN GENERAL.—Each panel shall consist of
not more than 15 members, and shall be selected by
the Director in consultation with the Commissioner
and shall include—
(A) individuals who are specialists in sta-
tistics, evaluation, research and assessment, of
which, in order to ensure diversity, the majority
shall represent disciplines or programs outside
of the field of education;
(B) 2 chief State school officers who shall
not be members of the same political party;
(C) 2 school district superintendents who
shall not be members of the same political
party; and
(D) other individuals with expertise who
would contribute to the overall rigor and quality
of the program evaluation.
(c) TERMS OF OFFICE.—The term of office of each
member of a panel shall be for the duration of the evalua-
tion the member is appointed to oversee.
(d) POWERS.—Each panel shall—
(1) ensure that the evaluations are sound, ask
meaningful and important questions, and are timely;
(2) oversee the evaluation as carried out by the
Center or its contractors; and
(3) ensure that each evaluation is reviewed
within 3 months of its completion by 3 independent
experts in program evaluation to evaluate and com-
ment on the degree to which it complies with sound
program evaluation standards.
Such comments received under paragraph (3) shall be
printed with the final version of the findings of the evalua-
tion, along with any response by the Commissioner of the
Center.
CHAPTER 3—NATIONAL CENTER FOR
EDUCATION STATISTICS
SEC 221. SHORT TITLE.
This chapter may be cited as the ‘‘National Edu-
cation Statistics Act of 2000’’.
SEC. 222. FINDINGS; PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) A Department of Education was established
in 1867 ‘‘for the purpose of collecting such statistics
and facts as shall show the condition and progress
of education in the several States and territories,
and of diffusing such information respecting the or-
ganization and management of schools and school
systems and methods of teaching as shall aid the
people of the United States in the establishment and
maintenance of efficient school systems, and other-
wise promote the cause of education throughout the
United States’’.
(2) Today, while the role of the current Depart-
ment of Education is much broader, the National
Center for Education Statistics continues to perform
those crucial original purposes.
(3) It is paramount that the collecting, ana-
lyzing, and reporting of information and statistics be
done in a manner that is objective and free of par-
tisan and political influence, and that such activities
can be most effectively carried out by a National
Center for Education Statistics that is located with-
in an independent National Academy for Education
Research, Statistics, Evaluation, and Information in-
sulated from the Department of Education.
(4) The availability of valid, reliable and timely
data, delivered in widely accessible formats, provides
policymakers, educators, parents, and the public
with information for making key decisions about
education in their States and local school districts.
(5) As schools, school districts, States, the De-
partment of Education, and the Academy continue
to move to performance-based systems, in which ac-
countability and improvement efforts are driven by
student and school outcomes, comprehensive and ac-
curate information and data on such outcomes be-
come increasingly important.
(6) Recent technological advances permit more
efficient and effective strategies for the collection,
analysis, 
reporting 
and 
dissemination, 
and
warehousing of data, thereby enhancing the timeli-
ness and usability of the data by the public.
(7) Entering the 21st century, the National
Center for Education Statistics must be able to de-
sign and undertake, effectively and efficiently, statis-
tical activities that will aid in the reform of the Na-
tion’s educational systems.
(b) PURPOSE.—The purpose of this chapter is to en-
sure the continuation of an effective mechanism, free of
partisan and political influence, for collecting and report-
ing statistics and information showing the condition and
progress of education in the United States and other na-
tions in order to promote and accelerate the improvement
of American education.
SEC. 223. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established, within
the Academy established under title I of this Act, a Na-
tional Center for Education Statistics (hereafter in this
chapter referred to as the ‘‘Center’’).
(b) MISSION—The mission of the Center shall be—
(1) to collect and analyze education information
and statistics under this Act in a manner that meets
the highest methodological standards;
(2) to report education information and statis-
tics under this Act in a timely manner; and
(3) to collect, analyze, and report education in-
formation and statistics under this Act in a manner
that—
(A) is objective and free of partisan and
political influence; and
(B) is relevant and useful to practitioners,
researchers, policymakers, and the public.
SEC. 224. COMMISSIONER; DEPUTY COMMISSIONER AND
ASSOCIATE COMMISSIONERS; STAFF.
(a) COMMISSIONER.—The Center shall be headed by
a Commissioner for Education Statistics (hereafter in this
chapter referred to as the ‘‘Commissioner’’) who shall be
appointed by the President and who—
(1) shall have substantial knowledge of pro-
grams assisted by the Center;
(2) shall be paid in accordance with section
5315 of title 5, United States Code; and
(3) shall serve a term of six years, with the
terms to expire every sixth July 1, beginning in
2001.
(b) DEPUTY COMMISSIONER AND ASSOCIATE COM-
MISSIONERS.—The Commissioner may appoint a Deputy
Commissioner and such Associate Commissioners as the
Commissioner determines are necessary and appropriate.
(c) STAFF.—
(1) IN GENERAL.—The Commissioner may ap-
point, for terms not to exceed three years (without
regard to the provisions of title 5, United States
Code, governing appointment in the competitive
service) such statistical experts of the Center as the
Commissioner considers necessary to accomplish the
Center’s mission, provided that—
(A) prior to the appointment of any such
employee, public notice is given of the avail-
ability of such position and an opportunity is
provided for qualified individuals to apply and
compete for such position;
(B) the appointment of such employee is
necessary to provide the Center with scientific
and technical expertise which could not other-
wise be obtained by the Center through the
competitive service; and
(C) the total number of such employees
does not exceed 10 percent of the number of
full-time professional employees of the Center.
(2) REAPPOINTMENT
OF
EMPLOYEES—The
Commissioner may reappoint employees described in
paragraph (1) upon presentation of clear and con-
vincing evidence of need, for one additional term not
to exceed three years. All such employees shall work
on activities of the Center and shall not be reas-
signed to other duties outside the Center during
their term.
SEC. 225. DUTIES.
(a) GENERAL DUTIES.—The duties of the Center are
to collect, analyze, and disseminate statistics and other in-
formation 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, and postsecondary, and adult levels
in the United States, including data on—
(A) State and local education reform ac-
tivities;
(B) student achievement at all levels of
education;
(C) secondary school completions, drop-
outs, and adult literacy;
(D) educational access to and opportunity
for postsecondary education, including data on
financial aid to postsecondary students;
(E) teaching, including data on course-tak-
ing, instruction, the conditions of the education
workplace, and the supply of, and demand for,
teachers, which may include data on the propor-
tions of women and men, cross-tabulated by
race or ethnicity, teaching in subjects in which
such individuals have been historically under-
represented;
(F) the learning and teaching environment,
including data on libraries;
(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;
(H) the financing and management of edu-
cation, including data on revenues and expendi-
tures;
(I) the social and economic status of chil-
dren relative to academic achievement; and
(J) technology in the classroom;
(2) conducting and publishing reports and anal-
yses of the meaning and significance of such statis-
tics;
(3) conducting longitudinal studies, as well as
regular and special surveys and data collections, nec-
essary to report on the condition and progress of
education;
(4) collecting, analyzing, cross-tabulating, and
reporting, to the extent feasible, so as to provide in-
formation by gender, race, socioeconomic status, lim-
ited-English proficiency, and other population char-
acteristics when such disaggregated information
would facilitate educational and policy decision-
making;
(5) assisting public and private educational
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection
activities; and
(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.
(b) PERFORMANCE MANAGEMENT.—The Commis-
sioner shall make customer service a priority and shall en-
sure a high level of customer satisfaction through—
(1) establishing and improving feedback mecha-
nisms 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 the Center’s
performance against, a set of indicators for the qual-
ity of data collected, analyzed, and reported by the
Center;
(5) continuously improving the management
strategies and practices of the Center; and
(6) making data available to the public in an
expeditious fashion.
(c) TRAINING PROGRAM.—The Commissioner may
establish a program to train employees of public and pri-
vate educational agencies, organizations, and institutions
in the use of the Center’s standard statistical procedures
and concepts and may establish a fellows program to ap-
point such employees as temporary fellows at the Center
in order to assist the Center in carrying out its duties.
SEC. 226. PERFORMANCE OF DUTIES.
(a) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE
AGREEMENTS.—
(1) IN GENERAL.—In carrying out the duties of
the Center under this chapter, the Commissioner
may award grants, and enter into contracts and co-
operative agreements.
(2) DURATION.—Notwithstanding any other
provision of law, the grants, contracts, and coopera-
tive agreements under this section may be awarded,
on a competitive basis, for a period of not more than
five years, and may be renewed at the discretion of
the Commissioner for an additional period of not
more than five years.
(b) GATHERING INFORMATION.—
(1) AUTHORITY
OVER
IMPLEMENTATION
OF
DATA COLLECTION.—Except with respect to the Na-
tional Assessment of Educational Progress carried
out under subtitle B of this title, the Commissioner
shall have final authority within the Academy with
respect to decisions regarding the implementation of
data collection activities, including the appropriate-
ness of specific collection methodologies.
(2) SAMPLING.—The Commissioner may use
the statistical method known as sampling to carry
out the purpose of this chapter.
(3) SOURCE OF INFORMATION.—The Commis-
sioner may, as the Commissioner considers appro-
priate, use information collected—
(A) from States, local educational agencies,
public and private schools, preschools, institu-
tions of higher education, libraries, administra-
tors, teachers, students, the general public, and
such other individuals, organizations, agencies,
and institutions as the Commissioner may con-
sider appropriate (including information col-
lected by States and local educational agencies
for their own use);
(B) by other offices within the Academy
and by other Federal departments, agencies,
and instrumentalities.
(4) COLLECTION.—The 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 Center to any
such agency, organization, or institution to as-
sist in such collection.
(5) TECHNICAL
ASSISTANCE
AND
COORDINA-
TION.—In order to maximize the effectiveness of
Federal efforts to serve the educational needs of
children and youth, the Commissioner shall—
(A) provide technical assistance to the De-
partment of Education offices that gather data
for statistical purposes; and
(B) coordinate closely with other Depart-
ment of Education offices in the collection of
data.
(6) ADDITIONAL
REQUIREMENT.—To assure
adequate notification, the Commissioner shall notify
the sources of information and others identified in
paragraph (3) of—
(A) the hardware and software require-
ments for electronic submission of data in a
reasonable amount of time in advance of new
collection activities for which electronic submis-
sion will be required, but not less than six
months prior thereto; and
(B) any new requirements for data collec-
tion and submissions in a reasonable amount of
time prior to the period for which the new data
collection is required, but not less than six
months prior thereto.
SEC. 227. REPORTS.
(a) REPORT ON CONDITION AND PROGRESS OF EDU-
CATION.—The Commissioner shall, not later than June 1,
2001, and each succeeding June 1 thereafter, submit to
the President and the appropriate congressional commit-
tees, a statistical report on the condition and progress of
education in the United States.
(b) STATISTICAL REPORTS.—The Commissioner shall
issue regular statistical reports to the President and the
appropriate congressional committees on such education
topics as the Commissioner determines to be appropriate.
(c) SPECIAL REPORTS.—The Commissioner may,
whenever the Commissioner considers it appropriate, issue
special reports on particular education topics.
(d) PROCEDURES FOR ISSUANCE OF REPORTS.—The
Commissioner shall establish procedures to ensure that the
reports issued under this section are relevant, of high
quality, useful to customers, subject to rigorous peer re-
view, produced in a timely fashion, and free from any po-
litical influence.
SEC. 228. ADVISORY COUNCIL FOR EDUCATION STATISTICS.
(a) ESTABLISHMENT.—There is established, within
the Center, an Advisory Council for Education Statistics
(hereafter in this chapter referred to as the ‘‘Council’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Council shall be com-
posed of—
(A) 18 voting members who are users of
education data and who are appointed by the
Director of the Academy on the basis of their
experience and eminence within the field of edu-
cation, of whom at least—
(i) three shall be practicing educators;
(ii) three shall be education policy-
makers;
(iii) three shall be professional stat-
isticians;
(iv) three shall be education research-
ers; and
(v) three shall be experts in edu-
cational measurement;
(B) three individuals representing the gen-
eral public, appointed by the Director of the
Academy;
(C) the Director of the Census and the
Commissioner of Labor Statistics, as voting, ex
officio members; and
(D) the Commissioner for Education Sta-
tistics and the Director of the Academy, as non-
voting, ex officio members.
(2) PRESIDING
OFFICER.—The Commissioner
shall appoint the presiding officer of the Council
from among the voting members of the Council.
(3) TERMS.—Members of the Council appointed
under paragraph (1)(A) shall be appointed for three-
year terms, except that, in the case of initial ap-
pointments, the Secretary shall make appointments
for shorter terms to the extent necessary to avoid
the expiration of the terms of more than six mem-
bers in the same calendar year.
(4) MEETINGS.—
(A) IN GENERAL.—The Council shall meet
in public session at the call of the presiding of-
ficer, except that the Council shall meet—
(i) at least two times during each cal-
endar year; and
(ii) in addition, whenever ten voting
members request in writing that the pre-
siding officer call a meeting.
(B) QUORUM.—Eleven voting members of
the Council shall constitute a quorum.
(c) STAFF.—The Council shall appoint a staff of not
more than six individuals with technical expertise to en-
able the Council to carry out its duties.
(d) DUTIES.—The Council shall—
(1) review and advise the Commissioner on—
(A) general policies for the operation and
activities of the Center;
(B) standards to ensure that statistics and
other information disseminated by the Center
are of high quality and are not subject to par-
tisan or political influence;
(C) standards for peer review of statistical
research;
(D) the development of the data quality in-
dicators under section 225(b)(4); and
(E) the extent to which the data collected
and reported by the Center respond to customer
needs;
(2) annually submit to the Board, the Presi-
dent, and the appropriate congressional committees
a report on the quality and usefulness of data col-
lected and reported by the Center, and on any other
issues requiring public attention; and
(3) advise the Commissioner on technical and
statistical matters related to activities over which the
Center has responsibility.
SEC. 229. CONFIDENTIALITY.
(a) CONFIDENTIALITY STANDARDS.—
(1) IN
GENERAL.—The Center shall develop
and enforce standards designed to protect the con-
fidentiality of persons in the collection, reporting,
and publication of data under this chapter. This sec-
tion shall not be construed to protect the confiden-
tiality of information about institutions, organiza-
tions, and agencies that receive grants from, or have
contracts or cooperative agreements with, the Fed-
eral Government.
(2) PROHIBITION.—No person may—
(A) use any individually identifiable infor-
mation furnished under this chapter for any
purpose other than a statistical purpose;
(B) make any publication whereby the data
furnished by any particular person under this
chapter can be identified; or
(C) permit anyone other than the individ-
uals authorized by the Commissioner to exam-
ine the individual reports.
(b) ADMINISTRATION.—
(1) IN
GENERAL.—No department, bureau,
agency, officer, or employee of the Federal Govern-
ment, except the Commissioner in carrying out the
purposes of this chapter, shall require, for any rea-
son, copies of reports that have been filed under this
chapter with the Center or retained by any indi-
vidual respondent. Copies of such reports that have
been so filed or retained with the Center or any of
the Center’s employees, contractors, or agents shall
be immune from legal process, and shall not, without
the consent of the individual concerned, be admitted
as evidence or used for any purpose in any action,
suit, or other judicial or administrative proceeding.
This paragraph shall apply only to individually iden-
tifiable information.
(2) EMPLOYEE OR STAFF VIOLATIONS.—Who-
ever, being or having been an employee or staff
member of the Center, having taken or subscribed
the oath of office, or having sworn to observe the
limitations imposed by subsection (a)(2) of this sec-
tion, knowingly publishes or communicates any indi-
vidually identifiable information, the disclosure of
which is prohibited by subsection (a)(2) of this sec-
tion, and that comes into such employee or staff’s
possession by reason of employment (or otherwise
providing services) under this chapter, shall be found
guilty of a class E felony and imprisoned for not
more than five years, or fined as specified in section
3571 of title 18, United States Code, or both.
(3) TEMPORARY
STAFF.—The Commissioner
may utilize temporary staff, including employees of
Federal, State, or local agencies or instrumentalities
(including local educational agencies), and employees
of private organizations to assist the Center in per-
forming the Center’s responsibilities, but only if such
temporary staff are sworn to observe the limitations
imposed by this section.
(4) INFORMATION REQUIREMENTS.—No collec-
tion of information or data acquisition activity un-
dertaken by the Center shall be subject to any re-
view, coordination, or approval procedure except as
required by the Director of the Office of Manage-
ment and Budget under the rules and regulations
established pursuant to chapter 35 of title 44,
United States Code, except such collection of infor-
mation or data acquisition activity may be subject to
review or coordination if the Commissioner deter-
mines that such review or coordination is beneficial.
(5) DEFINITIONS.—For the purposes of this
section—
(A) the term ‘‘individually identifiable in-
formation’’ means any record, response form,
completed survey, or aggregation thereof from
which information about particular individuals
may be revealed; and
(B) the term ‘‘report’’ means a response
provided by or about an individual to an inquiry
from the Center and does not include a statis-
tical aggregation from which individually identi-
fiable information cannot be revealed.
(6) VIOLATIONS.—Any person who uses any
data provided by the Center, in conjunction with any
other information or technique, to identify any indi-
vidual student, teacher, administrator, or other indi-
vidual and who knowingly discloses, publishes, or
uses such data for a purpose other than a statistical
purpose, or who otherwise violates subparagraph (A)
or (B) of subsection (a)(2) of this section, shall be
found guilty of a class E felony and imprisoned for
not more than five years, or fined as specified in sec-
tion 3571 of title 18, United States Code, or both.
(7) ACCESS TO REPORTS OR RECORDS.—Noth-
ing in this section shall restrict the right of the Di-
rector, the Comptroller General of the United
States, the Director of the Congressional Budget Of-
fice, and the Librarian of Congress, to gain access
to any reports or other records, including informa-
tion identifying individuals, in the Center’s posses-
sion, except that the same restrictions on disclosure
that apply under paragraphs (1) and (6) shall apply
to such individuals.
SEC. 230. DISSEMINATION.
(a) GENERAL REQUESTS.—
(1) IN
GENERAL.—The Center may furnish
transcripts or copies of tables and other statistical
records and make special statistical compilations and
surveys for State and local officials, public and pri-
vate organizations, and individuals.
(2) COMPILATIONS.—The Center shall provide
State and local educational agencies opportunities to
suggest the development of particular compilations
of statistics, surveys, and analyses that would assist
those educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Center shall
furnish such special statistical compilations and surveys
as the appropriate congressional committees, may request.
(c) JOINT STATISTICAL PROJECTS.—The Commis-
sioner may engage in joint statistical projects related to
the purposes of this chapter, or other statistical purposes
authorized by law, with nonprofit organizations or agen-
cies, and the cost of such projects shall be shared equi-
tably, as determined by the Commissioner.
(d) FEES.—
(1) IN GENERAL.—Statistical compilations and
surveys under this section, other than those carried
out pursuant to subsections (b) and (c) of this sec-
tion, may be made subject to the payment of the ac-
tual 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 ex-
cess sums when necessary.
(e) ACCESS.—
(1) OTHER AGENCIES.—The Center shall, con-
sistent with section 229, cooperate with other Fed-
eral agencies having a need for educational data in
providing access to educational data received by the
Center.
(2) INTERESTED PARTIES.—The Center shall,
in accordance with such terms and conditions as the
Commissioner may prescribe, provide all interested
parties, including public and private agencies, par-
ents and other individuals, direct access, in the most
appropriate form (including, where possible, elec-
tronically), to data collected by the Center for the
purposes of research and acquiring statistical infor-
mation.
SEC. 231. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
(a) ESTABLISHMENT.—The Commissioner may es-
tablish one or more national cooperative education statis-
tics systems for the purpose of producing and maintaining,
with the cooperation of the States, comparable and uni-
form information and data on early childhood education,
elementary and secondary education, adult education and
libraries, that are useful for policymaking at the Federal,
State, and local levels. In carrying out this section, the
Commissioner may provide technical assistance, and make
grants and enter into contracts and cooperative agree-
ments.
(b) POSTSECONDARY GROUPS.—
(1) ESTABLISHMENT.—The Commissioner may
establish one or more groups composed of individ-
uals representing postsecondary education agencies
and all sectors of postsecondary education institu-
tions to provide advice and recommendations for
producing postsecondary education data that are
useful for policymakers, including Congress, at the
Federal, State, and local levels. Such groups shall
include both providers and users of postsecondary
education data, and shall make recommendations for
the use of appropriate technologies in collection and
dissemination of data, and advise on how data col-
lection requirements can be made more efficient and
cost effective for institutions.
(2) ADMINISTRATION.—In carrying out this
section, the Commissioner may provide technical as-
sistance, and make grants and enter into contracts
and cooperative agreements.
Subtitle 
B—National 
Assessment
Governing Board and National
Assessment 
of 
Educational
Progress
CHAPTER 1—NATIONAL ASSESSMENT
GOVERNING BOARD
SEC. 251. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) ESTABLISHMENT.—There is established, within
the Academy, the National Assessment Governing Board
which shall formulate policy and carry out the National
Assessment of Educational Progress described in section
252.
(b) MEMBERSHIP.—
(1) EXISTING
MEMBERS.—Individuals serving
on the National Assessment Governing Board on the
day before the date of the enactment of this Act
shall continue to serve in such capacity until the ex-
piration of their term of appointment.
(2) APPOINTMENT
AND
COMPOSITION.—Upon
the expiration of an existing member’s term on the
National Assessment Governing Board and in ac-
cordance with subsection (d), the Director of the
Academy shall appoint members to such Board to be
composed of—
(A) two Governors, or former Governors,
who shall not be members of the same political
party;
(B) two State legislators, who shall not be
members of the same political party;
(C) two chief State school officers;
(D) two members of a State board of edu-
cation;
(E) one superintendent of a local edu-
cational agency;
(F) one member of a local board of edu-
cation;
(G) three classroom teachers representing
the grade levels at which the National Assess-
ment of Educational Progress is conducted;
(H) one representative of business or in-
dustry;
(I) two curriculum specialists;
(J) three testing and measurement experts,
who shall have training and experience in the
field of testing and measurement;
(K) one nonpublic school administrator or
policymaker;
(L) two school principals, of whom one
shall be an elementary school principal and one
shall be a secondary school principal; and
(M) four additional members who are rep-
resentatives of the general public, including par-
ents.
(3) EX OFFICIO MEMBERS.—The Commissioner
of Education Statistics and the Director of the
Academy shall serve as ex officio, nonvoting mem-
bers of the Board.
(4) SPECIAL RULE.—The Director of the Acad-
emy shall ensure at all times that the membership
of the Board reflects regional, racial, gender, and
cultural balance and diversity. The Board shall exer-
cise its independent judgment, free from inappro-
priate influences and special interests.
(c) TERMS.—
(1)(A) IN GENERAL.—Terms of service of mem-
bers of the Board shall be staggered and may not
exceed a period of 4 years.
(B) 
TRANSITION
RULE.—Notwithstanding
paragraph (2), subparagraph (A) shall take effect on
the date of the enactment of this Act, except that
members of the Board who were appointed and
granted a 3-year term of service by the Secretary of
Education before such date, and who are members
on such date, shall be granted a 1-year extension of
such term.
(2) SERVICE LIMITATION.—Except for a 1-year
extension provided in paragraph (1)(B), members of
the Board may serve not more than 2 consecutive
terms.
(3) CHANGE
OF
STATUS.—A member of the
Board who changes status under subsection (b) of
this section during the term of the appointment of
the member may continue to serve as a member
until the expiration of such term.
(d) VACANCIES.—
(1) IN GENERAL.—
(A) The Director of the Academy shall ap-
point new members to fill vacancies on the
Board from among individuals who are nomi-
nated by organizations representing the type of
individuals described in subsection (b)(1) with
respect to which the vacancy exists.
(B) Each organization submitting nomina-
tions to the Director of the Academy with re-
spect to a particular vacancy shall nominate for
such vacancy 6 individuals who are qualified by
experience or training to fill the particular
Board vacancy.
(2) ADDITIONAL NOMINATIONS.—The Director
of the Academy may request that each organization
described in paragraph (1)(A) submit additional
nominations if the Director determines that none of
the individuals nominated by such organization have
appropriate knowledge or expertise.
(e) AUTHORITY.—
(1) IN GENERAL.—In carrying out its respon-
sibilities to formulate policy and carry out the Na-
tional Assessment of Educational Progress, the
Board shall have authority to—
(A) publish notices in the Federal Register
and the Commerce Business Daily;
(B) review and approve for publication or
public dissemination articles, reports, bro-
chures, speeches, books, and other documents;
(C) make, enter into, and perform con-
tracts, leases, or other similar transactions in
furtherance of the functions and responsibilities
of the Board;
(D) obligate funds allocated and allotted to
the National Assessment Governing Board;
(E) perform personnel functions necessary
to appoint and fix compensation of officers and
employees and to appoint excepted service per-
sonnel and to obtain the services of experts and
consultants;
(F) make determinations regarding con-
flicts of interest; and
(G) solicit, accept, hold, administer, and
utilize gifts, bequests, and devises of money,
property, both real and personal, or uncondi-
tional gifts of services.
(2) ESTABLISHMENT
OF POLICY.—In estab-
lishing policy for the National Assessment of Edu-
cational Progress, the Board shall—
(A) select subject areas to be assessed
(consistent with section 252(c)(1));
(B) develop appropriate student perform-
ance levels as provided in section 252(f);
(C) develop assessment objectives and test
specifications through a national consensus ap-
proach which includes the active participation
of teachers, curriculum specialists, State boards
of education, local school boards, local school
administrators, parents, and concerned mem-
bers of the public;
(D) design the methodology of the assess-
ment, in consultation with appropriate technical
experts;
(E) develop guidelines for reporting and
disseminating results;
(F) develop standards and procedures for
interstate, regional, and national comparisons;
and
(G) take appropriate actions needed to im-
prove the form and use of the National Assess-
ment of Educational Progress.
(3) DELEGATION.—The Board may delegate
any of the Board’s procedural and administrative
functions to its staff.
(4) COGNITIVE
AND
NONCOGNITIVE
ITEMS.—
The Board shall have final authority on the appro-
priateness of cognitive and noncognitive items.