116
(iii) in subparagraph (E), by striking 
‘‘, including the Advisory Council estab-
lished under section 407’’; 
(iv) in subparagraphs (F) and (I), by 
striking ‘‘section 411’’ each place such 
term appears and inserting ‘‘section 303’’; 
(v) in subparagraph (H), by striking 
‘‘and’’ after the semicolon; 
(vi) in subparagraph (I), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(vii) by inserting at the end the fol-
lowing: 
‘‘(J) plan and execute the initial public re-
lease of National Assessment of Educational 
Progress reports. 
The National Assessment of Educational Progress 
data shall not be released prior to the release of the 
reports described in subparagraph (J).’’; 
(B) in paragraph (5), by striking ‘‘and the 
Advisory Council on Education Statistics’’; and 
(C) in paragraph (6), by striking ‘‘section 
411(e)’’ and inserting ‘‘section 303(e)’’; and
117
(6) by transferring and redesignating the sec-
tion as section 302 (following section 301) of title 
III of this Act. 
(d) NATIONAL
ASSESSMENT
OF
EDUCATIONAL 
PROGRESS.—Section 411 of the National Education Sta-
tistics Act of 1994 (20 U.S.C. 9010) is amended—
(1) by striking ‘‘Commissioner’’ each place such 
term appears and inserting ‘‘Commissioner for Edu-
cation Statistics’’; 
(2) by striking ‘‘National Assessment Governing 
Board’’ and ‘‘National Board’’ each place either 
such term appears and inserting ‘‘Assessment 
Board’’; 
(3) in subsection (a)—
(A) by striking ‘‘section 412’’ and insert-
ing ‘‘section 302’’; and 
(B) by striking ‘‘and with the technical as-
sistance of the Advisory Council established 
under section 407,’’; 
(4) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘of’’ 
after ‘‘academic achievement and reporting’’; 
(B) in paragraph (3)(A)—
118
(i) in clause (i), by striking ‘‘para-
graphs (1)(B) and (1)(E)’’ and inserting 
‘‘paragraphs (2)(B) and (2)(E)’’; 
(ii) in clause (ii), by striking ‘‘para-
graph (1)(C)’’ and inserting ‘‘paragraph 
(2)(C)’’; and 
(iii) in clause (iii), by striking ‘‘para-
graph (1)(D)’’ and inserting ‘‘paragraph 
(2)(D)’’; and 
(C) in paragraph (5), by striking ‘‘(c)(2)’’ 
and inserting ‘‘(c)(3)’’; 
(5) in subsection (c)(2)(D), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph (C)’’; 
(6) in subsection (e)(4), by striking ‘‘subpara-
graph (2)(C)’’ and inserting ‘‘paragraph (2)(C) of 
such subsection’’; 
(7) in subsection (f)(1)(B)(iv), by striking ‘‘sec-
tion 412(e)(4)’’ and inserting ‘‘section 302(e)(4)’’; 
and 
(8) by transferring and redesignating the sec-
tion as section 303 (following section 302) of title 
III of this Act. 
(e) TABLE OF CONTENTS AMENDMENT.—The items 
relating to title III in the table of contents of this Act,
as amended by section 401 of this Act, are amended to
119
read as follows:
‘‘TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL 
PROGRESS 
‘‘Sec. 301. Short title. 
‘‘Sec. 302. National Assessment Governing Board. 
‘‘Sec. 303. National Assessment of Educational Progress. 
‘‘Sec. 304. Definitions. 
‘‘Sec. 305. Authorization of appropriations.’’.
SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION 
ORGANIZATION ACT. 
The Department of Education Organization Act (20 
U.S.C. 3401 et seq.) is amended—
(1) by striking section 202(b)(4) and inserting 
the following: 
‘‘(4) There shall be in the Department a Director of 
the Institute of Education Sciences who shall be appointed 
in accordance with section 114(a) of the Education 
Sciences Reform Act of 2002 and perform the duties de-
scribed in that Act.’’; 
(2) by striking section 208 and inserting the 
following: 
‘‘INSTITUTE OF EDUCATION SCIENCES 
‘‘SEC. 208. There shall be in the Department of Edu-
cation the Institute of Education Sciences, which shall be 
administered in accordance with the Education Sciences 
Reform Act of 2002 by the Director appointed under sec-
tion 114(a) of that Act.’’; and
120
(3) by striking the item relating to section 208 
in the table of contents in section 1 and inserting 
the following:
‘‘Sec. 208. Institute of Education Sciences.’’.
SEC. 403. REPEALS. 
The following provisions of law are repealed: 
(1) The National Education Statistics Act of 
1994 (20 U.S.C. 9001 et seq.). 
(2) Parts A through E and K through N of the 
Educational Research, Development, Dissemination, 
and Improvement Act of 1994 (title IX of the Goals 
2000: Educate America Act) (20 U.S.C. 6001 et 
seq.). 
(3) Section 401(b)(2) of the Department of 
Education Organization Act (20 U.S.C. 3461(b)(2)). 
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS. 
(a) GOALS 2000: EDUCATE AMERICA ACT.—The 
table of contents in section 1(b) of the Goals 2000: Edu-
cate America Act (20 U.S.C. 5801 note) is amended by 
striking the items relating to parts A through E of title 
IX (including the items relating to sections within those 
parts). 
(b) TITLE 5, UNITED STATES CODE.—Section 5315 
of title 5, United States Code, is amended by striking the 
following:
121
‘‘Commissioner, National Center for Education Sta-
tistics.’’. 
(c) GENERAL EDUCATION PROVISIONS ACT.—Sec-
tion 447(b) of the General Education Provisions Act (20 
U.S.C. 1232j(b)) is amended by striking ‘‘section 
404(a)(6) of the National Education Statistics Act of 
1994 (20 U.S.C. 9003(a)(6))’’ and inserting ‘‘section 
153(a)(6) of the Education Sciences Reform Act of 2002’’. 
(d) ELEMENTARY AND SECONDARY EDUCATION ACT 
OF 1965.—The Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq.) is amended as follows: 
(1) Section 1111(c)(2) is amended by striking 
‘‘section 411(b)(2) of the National Education Statis-
tics Act of 1994’’ and inserting ‘‘section 303(b)(2) 
of the National Assessment of Educational Progress 
Authorization Act’’. 
(2) Section 1112(b)(1)(F) is amended by strik-
ing ‘‘section 411(b)(2) of the National Education 
Statistics Act of 1994’’ and inserting ‘‘section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act’’. 
(3) Section 1117(a)(3) is amended—
(A) by inserting ‘‘(as such section existed 
on the day before the date of enactment of the
122
Education Sciences Reform Act of 2002)’’ after 
‘‘Act of 1994’’; and 
(B) by inserting ‘‘regional educational lab-
oratories established under part E of the Edu-
cation Sciences Reform Act of 2002 and com-
prehensive centers established under the Edu-
cational Technical Assistance Act of 2002 and’’ 
after ‘‘assistance from’’. 
(4) Section 1501(a)(3) is amended by striking 
‘‘section 411 of the National Education Statistics 
Act of 1994’’ and inserting ‘‘section 303 of the Na-
tional Assessment of Educational Progress Author-
ization Act’’. 
(5) The following provisions are each amended 
by striking ‘‘Office of Educational Research and Im-
provement’’ and inserting ‘‘Institute of Education 
Sciences’’: 
(A) Section 3222(a) (20 U.S.C. 6932(a)). 
(B) Section 3303(1) (20 U.S.C. 7013(1)). 
(C) 
Section 
5464(e)(1) 
(20 
U.S.C. 
7253c(e)(1)). 
(D) Paragraphs (1) and (2) of section 
5615(d) (20 U.S.C. 7283d(d)). 
(E) Paragraphs (1) and (2) of section 
7131(c) (20 U.S.C. 7451(c)).
123
(6) Paragraphs (1) and (2) of section 5464(e) 
(20 U.S.C. 7253c(e)) are each amended by striking 
‘‘such Office’’ and inserting ‘‘such Institute’’. 
(7) Section 5613 (20 U.S.C. 7283b) is amend-
ed—
(A) in subsection (a)(5), by striking ‘‘As-
sistant Secretary of the Office of Educational 
Research and Improvement’’ and inserting ‘‘Di-
rector of the Institute of Education Sciences’’; 
and 
(B) in subsection (b)(2)(B), by striking 
‘‘research institutes of the Office of Educational 
Research and Improvement’’ and inserting 
‘‘National Education Centers of the Institute of 
Education Sciences’’. 
(8) Sections 5615(d)(1) and 7131(c)(1) (20 
U.S.C. 7283d(d)(1), 7451(c)(1)) are each amended 
by striking ‘‘by the Office’’ and inserting ‘‘by the In-
stitute’’. 
(9) Section 9529(b) is amended by striking 
‘‘section 404(a)(6) of the National Education Statis-
tics Act of 1994’’ and inserting ‘‘section 153(a)(5) 
of the Education Sciences Reform Act of 2002’’. 
(e) SCHOOL-TO-WORK
OPPORTUNITIES
ACT
OF 
1994.—Section 404 of the School-to-Work Opportunities
124
Act of 1994 (20 U.S.C. 6194) is amended by inserting 
‘‘(as such Act existed on the day before the date of enact-
ment of the Education Sciences Reform Act of 2002)’’ 
after ‘‘Act of 1994’’. 
SEC. 405. ORDERLY TRANSITION. 
The Secretary of Education shall take such steps as 
are necessary to provide for the orderly transition to, and 
implementation of, the offices, boards, committees, and 
centers (and their various functions and responsibilities) 
established or authorized by this Act, and by the amend-
ments made by this Act, from those established or author-
ized by the Educational Research, Development, Dissemi-
nation, and Improvement Act of 1994 (20 U.S.C. 6001 
et seq.) and the National Education Statistics Act of 1994 
(20 U.S.C. 9001 et seq.).
Æ