In the Senate of the United States,
October 15, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 3801) entitled ‘‘An Act to provide for improve-
ment of Federal education research, statistics, evaluation, in-
formation, and dissemination, and for other purposes.’’, do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
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TITLE I—EDUCATION SCIENCES REFORM
Sec. 101. Short title.
Sec. 102. Definitions.
PART A—THE INSTITUTE OF EDUCATION SCIENCES
Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.
PART B—NATIONAL CENTER FOR EDUCATION RESEARCH
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.
PART C—NATIONAL CENTER FOR EDUCATION STATISTICS
Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
PART D—NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL
ASSISTANCE
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, dissemina-
tion, and technical assistance.
PART E—GENERAL PROVISIONS
Sec. 181. Interagency data sources and formats.
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
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Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.
TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.
TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
TITLE IV—AMENDATORY PROVISIONS
Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.
TITLE I—EDUCATION SCIENCES
REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Education Sciences Re-
form Act of 2002’’.
SEC. 102. DEFINITIONS.
In this title:
(1) 
IN
GENERAL.—The 
terms 
‘‘elementary
school’’, ‘‘secondary school’’, ‘‘local educational agen-
cy’’, and ‘‘State educational agency’’ have the mean-
ings given those terms in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20
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U.S.C. 7801) and the terms ‘‘freely associated states’’
and ‘‘outlying area’’ have the meanings given those
terms in section 1121(c) of such Act (20 U.S.C.
6331(c)).
(2) APPLIED RESEARCH.—The term ‘‘applied re-
search’’ means research—
(A) to gain knowledge or understanding
necessary for determining the means by which a
recognized and specific need may be met; and
(B) that is specifically directed to the ad-
vancement of practice in the field of education.
(3) BASIC
RESEARCH.—The term ‘‘basic re-
search’’ means research—
(A) to gain fundamental knowledge or un-
derstanding of phenomena and observable facts,
without specific application toward processes or
products; and
(B) for the advancement of knowledge in the
field of education.
(4) BOARD.—The term ‘‘Board’’ means the Na-
tional Board for Education Sciences established under
section 116.
(5) BUREAU.—The term ‘‘Bureau’’ means the
Bureau of Indian Affairs.
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(6) COMPREHENSIVE CENTER.—The term ‘‘com-
prehensive center’’ means an entity established under
section 203 of the Educational Technical Assistance
Act of 2002.
(7) DEPARTMENT.—The term ‘‘Department’’
means the Department of Education.
(8) DEVELOPMENT.—The term ‘‘development’’
means the systematic use of knowledge or under-
standing gained from the findings of scientifically
valid research and the shaping of that knowledge or
understanding into products or processes that can be
applied and evaluated and may prove useful in areas
such as the preparation of materials and new methods
of instruction and practices in teaching, that lead to
the improvement of the academic skills of students,
and that are replicable in different educational set-
tings.
(9) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Institute of Education Sciences.
(10) DISSEMINATION.—The term ‘‘dissemina-
tion’’ means the communication and transfer of the
results of scientifically valid research, statistics, and
evaluations, in forms that are understandable, easily
accessible, and usable, or adaptable for use in, the im-
provement of educational practice by teachers, admin-
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istrators, librarians, other practitioners, researchers,
parents, policymakers, and the public, through tech-
nical assistance, publications, electronic transfer, and
other means.
(11) EARLY CHILDHOOD EDUCATOR.—The term
‘‘early childhood educator’’ means a person providing,
or employed by a provider of, nonresidential child
care services (including center-based, family-based,
and in-home child care services) that is legally oper-
ating under State law, and that complies with appli-
cable State and local requirements for the provision
of child care services to children at any age from
birth through the age at which a child may start kin-
dergarten in that State.
(12) FIELD-INITIATED
RESEARCH.—The term
‘‘field-initiated research’’ means basic research or ap-
plied research in which specific questions and meth-
ods of study are generated by investigators (including
teachers and other practitioners) and that conforms to
standards of scientifically valid research.
(13) HISTORICALLY BLACK COLLEGE OR UNIVER-
SITY.—The term ‘‘historically Black college or univer-
sity’’ means a part B institution as defined in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
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(14) INSTITUTE.—The term ‘‘Institute’’ means
the Institute of Education Sciences established under
section 111.
(15) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the mean-
ing given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(16) NATIONAL
RESEARCH
AND
DEVELOPMENT
CENTER.—The term ‘‘national research and develop-
ment center’’ means a research and development cen-
ter supported under section 133(c).
(17) PROVIDER
OF
EARLY
CHILDHOOD
SERV-
ICES.—The term ‘‘provider of early childhood serv-
ices’’ means a public or private entity that serves
young children, including—
(A) child care providers;
(B) Head Start agencies operating Head
Start programs, and entities carrying out Early
Head Start programs, under the Head Start Act
(42 U.S.C. 9831 et seq.);
(C) preschools;
(D) kindergartens; and
(E) libraries.
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(18) SCIENTIFICALLY BASED RESEARCH STAND-
ARDS.—(A) The term ‘‘scientifically based research
standards’’ means research standards that—
(i) apply rigorous, systematic, and objective
methodology to obtain reliable and valid knowl-
edge relevant to education activities and pro-
grams; and
(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
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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.
(19) SCIENTIFICALLY VALID EDUCATION EVALUA-
TION.—The term ‘‘scientifically valid education eval-
uation’’ 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
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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.
(20) SCIENTIFICALLY
VALID
RESEARCH.—The
term ‘‘scientifically valid research’’ includes applied
research, basic research, and field-initiated research
in which the rationale, design, and interpretation are
soundly developed in accordance with scientifically
based research standards.
(21) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(22) STATE.—The term ‘‘State’’ includes (except
as provided in section 158) each of the 50 States, the
District of Columbia, the Commonwealth of Puerto
Rico, the freely associated states, and the outlying
areas.
(23) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means—
(A) assistance in identifying, selecting, or
designing solutions based on research, including
professional development and high-quality train-
ing to implement solutions leading to—
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(i) improved educational and other
practices and classroom instruction based
on scientifically valid research; and
(ii) improved planning, design, and
administration of programs;
(B) assistance in interpreting, analyzing,
and utilizing statistics and evaluations; and
(C) other assistance necessary to encourage
the improvement of teaching and learning
through the applications of techniques supported
by scientifically valid research.
PART A—THE INSTITUTE OF EDUCATION
SCIENCES
SEC. 111. ESTABLISHMENT.
(a) ESTABLISHMENT.—There shall be in the Depart-
ment the Institute of Education Sciences, to be adminis-
tered by a Director (as described in section 114) and, to
the extent set forth in section 116, a board of directors.
(b) MISSION.—
(1) IN GENERAL.—The mission of the Institute is
to provide national leadership in expanding funda-
mental knowledge and understanding of education
from early childhood through postsecondary study, in
order to provide parents, educators, students, re-
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searchers, policymakers, and the general public with
reliable information about—
(A) the condition and progress of education
in the United States, including early childhood
education;
(B) educational practices that support
learning and improve academic achievement and
access to educational opportunities for all stu-
dents; and
(C) the effectiveness of Federal and other
education programs.
(2) CARRYING OUT MISSION.—In carrying out
the mission described in paragraph (1), the Institute
shall compile statistics, develop products, and conduct
research, evaluations, and wide dissemination activi-
ties in areas of demonstrated national need (includ-
ing in technology areas) that are supported by Fed-
eral funds appropriated to the Institute and ensure
that such activities—
(A) conform to high standards of quality,
integrity, and accuracy; and
(B) are objective, secular, neutral, and non-
ideological and are free of partisan political in-
fluence and racial, cultural, gender, or regional
bias.
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(c) ORGANIZATION.—The Institute shall consist of the
following:
(1) The Office of the Director (as described in
section 114).
(2) The National Board for Education Sciences
(as described in section 116).
(3) The National Education Centers, which
include—
(A) the National Center for Education Re-
search (as described in part B);
(B) the National Center for Education Sta-
tistics (as described in part C); and
(C) the National Center for Education
Evaluation and Regional Assistance (as de-
scribed in part D).
SEC. 112. FUNCTIONS.
From funds appropriated under section 194, the Insti-
tute, directly or through grants, contracts, or cooperative
agreements, shall—
(1) conduct and support scientifically valid re-
search activities, including basic research and applied
research, statistics activities, scientifically valid edu-
cation evaluation, development, and wide dissemina-
tion;
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(2) widely disseminate the findings and results
of scientifically valid research in education;
(3) promote the use, development, and applica-
tion of knowledge gained from scientifically valid re-
search activities;
(4) strengthen the national capacity to conduct,
develop, and widely disseminate scientifically valid
research in education;
(5) promote the coordination, development, and
dissemination of scientifically valid research in edu-
cation within the Department and the Federal Gov-
ernment; and
(6) promote the use and application of research
and development to improve practice in the class-
room.
SEC. 113. DELEGATION.
(a) DELEGATION
OF AUTHORITY.—Notwithstanding
section 412 of the Department of Education Organization
Act (20 U.S.C. 3472), the Secretary shall delegate to the
Director all functions for carrying out this title (other than
administrative and support functions), except that—
(1) nothing in this title or in the National As-
sessment of Educational Progress Authorization Act
(except section 302(e)(1)(J) of such Act) shall be con-
strued to alter or diminish the role, responsibilities,
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or authority of the National Assessment Governing
Board with respect to the National Assessment of
Educational Progress (including with respect to the
methodologies of the National Assessment of Edu-
cational Progress described in section 302(e)(1)(E))
from those authorized by the National Education Sta-
tistics Act of 1994 (20 U.S.C. 9001 et seq.) on the day
before the date of enactment of this Act;
(2) members of the National Assessment Gov-
erning Board shall continue to be appointed by the
Secretary;
(3) section 302(f)(1) of the National Assessment
of Educational Progress Authorization Act shall
apply to the National Assessment Governing Board in
the exercise of its responsibilities under this Act;
(4) sections 115 and 116 shall not apply to the
National Assessment of Educational Progress; and
(5) sections 115 and 116 shall not apply to the
National Assessment Governing Board.
(b) OTHER ACTIVITIES.—The Secretary may assign
the Institute responsibility for administering other activi-
ties, if those activities are consistent with—
(1) the Institute’s priorities, as approved by the
National Board for Education Sciences under section
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116, and the Institute’s mission, as described in sec-
tion 111(b); or
(2) the Institute’s mission, but only if those ac-
tivities do not divert the Institute from its priorities.
SEC. 114. OFFICE OF THE DIRECTOR.
(a) APPOINTMENT.—Except as provided in subsection
(b)(2), the President, by and with the advice and consent
of the Senate, shall appoint the Director of the Institute.
(b) TERM.—
(1) IN GENERAL.—The Director shall serve for a
term of 6 years, beginning on the date of appointment
of the Director.
(2) FIRST
DIRECTOR.—The President, without
the advice and consent of the Senate, may appoint the
Assistant Secretary for the Office of Educational Re-
search and Improvement (as such office existed on the
day before the date of enactment of this Act) to serve
as the first Director of the Institute.
(3) SUBSEQUENT DIRECTORS.—The Board may
make recommendations to the President with respect
to the appointment of a Director under subsection (a),
other than a Director appointed under paragraph (2).
(c) PAY.—The Director shall receive the rate of basic
pay for level II of the Executive Schedule.
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(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 Institute, including the
activities of the National Education Centers; and
(2) coordinate and approve budgets and oper-
ating plans for each of the National Education Cen-
ters for submission to the Secretary.
(f) DUTIES.—The duties of the Director shall include
the following:
(1) To propose to the Board priorities for the In-
stitute, in accordance with section 115(a).
(2) To ensure the methodology applied in con-
ducting research, development, evaluation, and statis-
tical analysis is consistent with the standards for
such activities under this title.
(3) To coordinate education research and related
activities carried out by the Institute with such re-
search and activities carried out by other agencies
within the Department and the Federal Government.
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(4) To advise the Secretary on research, evalua-
tion, and statistics activities relevant to the activities
of the Department.
(5) To establish necessary procedures for tech-
nical and scientific peer review of the activities of the
Institute, consistent with section 116(b)(3).
(6) To ensure that all participants in research
conducted or supported by the Institute are afforded
their privacy rights and other relevant protections as
research subjects, in accordance with section 183 of
this title, section 552a of title 5, United States Code,
and sections 444 and 445 of the General Education
Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or sup-
ported by the Institute are objective, secular, neutral,
and nonideological and are free of partisan political
influence and racial, cultural, gender, or regional
bias.
(8) To undertake initiatives and programs to in-
crease the participation of researchers and institu-
tions that have been historically underutilized in Fed-
eral education research activities of the Institute, in-
cluding historically Black colleges or universities or
other institutions of higher education with large num-
bers of minority students.
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(9) To coordinate with the Secretary to promote
and provide for the coordination of research and de-
velopment activities and technical assistance activi-
ties between the Institute and comprehensive centers.
(10) 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 Institute’s activities.
(11) To coordinate the wide dissemination of in-
formation on scientifically valid research.
(12) To carry out and support other activities
consistent with the priorities and mission of the Insti-
tute.
(g) EXPERT GUIDANCE AND ASSISTANCE.—The Direc-
tor may establish technical and scientific peer-review
groups and scientific program advisory committees for re-
search and evaluations that the Director determines are nec-
essary to carry out the requirements of this title. The Direc-
tor shall appoint such personnel, except that officers and
employees of the United States shall comprise no more than
1⁄4 of the members of any such group or committee and shall
not receive additional compensation for their service as
members of such a group or committee. The Director shall
ensure that reviewers are highly qualified and capable to
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(ii) Individuals who are knowledgeable
about the educational needs of the United
States, who may include school-based pro-
fessional educators, parents (including par-
ents with experience in promoting parental
involvement in education), Chief State
School Officers, State postsecondary edu-
cation executives, presidents of institutions
of higher education, local educational agen-
cy superintendents, early childhood experts,
principals, members of State or local boards
of 
education 
or 
Bureau-funded 
school
boards, and individuals from business and
industry with experience in promoting pri-
vate sector involvement in education.
(B) 
TERMS.—Each 
member 
appointed
under paragraph (1) shall serve for a term of 4
years, except that—
(i) the terms of the initial members 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 5 members;