II
Calendar No. 285
103D CONGRESS
1ST SESSION
H. R. 856
To improve education in the United States by promoting excellence in
research, development, and the dissemination of information.
IN THE SENATE OF THE UNITED STATES
AUGUST 4 (legislative day, JUNE 30), 1993
Received; read twice and referred to the Committee on Labor and Human
Resources
NOVEMBER 16 (legislative day, NOVEMBER 2), 1993
Reported by Mr. KENNEDY, without amendment
AN ACT
To improve education in the United States by promoting
excellence in research, development, and the dissemina-
tion of information.
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
‘‘Educational Research, Development, and Dissemination
Excellence Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—GENERAL PROVISIONS REGARDING OFFICE OF
EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 101. General provisions.
Sec. 102. Assistant Secretary for Educational Research and Improvement.
Sec. 103. Savings provision.
Sec. 104. Existing grants and contracts.
TITLE II—NATIONAL EDUCATIONAL RESEARCH POLICY AND
PRIORITIES BOARD
Sec. 201. Establishment within Office of Educational Research and Improve-
ment.
TITLE III—NATIONAL RESEARCH INSTITUTES
Sec. 301. Establishment within Office of Educational Research and Improve-
ment.
TITLE IV—NATIONAL EDUCATION DISSEMINATION SYSTEM
Sec. 401. Establishment within Office of Educational Research and Improve-
ment.
TITLE V—NATIONAL LIBRARY OF EDUCATION
Sec. 501. Establishment within Office of Educational Research and Improve-
ment.
SEC. 2. FINDINGS.
The Congress finds as follows with respect to improv-
ing education in the United States:
(1) A majority of public schools in the United
States are failing to adequately prepare their stu-
dents. To achieve the national education goals set
forth by the President and the governors of the
States, an overwhelming campaign for educational
improvement must be mounted in order to set in
motion many strategies and models designed to en-
courage and support school restructuring. The Fed-
eral Government must support an extensive program
of educational research, development, dissemination,
replication and assistance to identify and support
the best responses for the challenges ahead. A sig-
nificant investment in attaining a deeper under-
standing of the processes of learning and schooling
and developing new ideas holds the best hope of
making a substantial difference to the lives of every
school and student in the United States. The Office
of Educational Research and Improvement of the
Department of Education should be at the center of
this campaign in order to coordinate such efforts.
(2) The Federal role in educational research
has been closely identified with youths who are
socioeconomically disadvantaged, belong to a lan-
guage minority, or are disabled. However, in 1988,
the Federal commitment to education was sufficient
to serve not more than—
(A) 1 out of every 5 low-income children in
need of preschool education;
(B) 2 out of every 5 children in need of re-
mediation;
(C) 1 out of every 4 children in need of bi-
lingual education; and
(D) 1 out of every 20 youths in need of job
training.
(3) The failure of the Federal Government to
adequately invest in educational research and devel-
opment has denied the Nation a sound foundation
on which to design school improvements, leading to
a history of faddism and failed experimentation re-
sulting in a dearth of research in the area of educa-
tionally at-risk students. This situation is of particu-
lar concern because at least half of the public school
students in 25 of the largest cities of the United
States are minority children, and demographers
project that, by 2005, almost all urban public school
students will be minority children or other children
in poverty.
(4) The investment goal of the Federal re-
search, development, and dissemination function
should be at least 1 percent of the total amount of
funds spent on education nationally.
(5) Nationwide model programs and reliable
interventions should be demonstrated and replicated,
and for such purposes, programs should be estab-
lished to conduct research and evaluations, and to
disseminate information.
(6) The Office of Educational Research and Im-
provement must develop a national dissemination
policy that will advance the goal of placing a na-
tional treasure chest of research results, models, and
materials at the disposal of the Nation’s education
decisionmakers.
(7) A National Educational Research Policy
and Priorities Board should be established to ensure
that an educational research and dissemination
agenda is developed and implemented without par-
tisan political interference.
(8) Existing research and development entities
should adopt expanded, proactive roles and new in-
stitutions must be created to promote knowledge de-
velopment necessary to accelerate the application of
research knowledge to high priority areas.
(9) Greater use should be made of existing
technologies in efforts to improve the Nation’s edu-
cational system, including efforts to disseminate re-
search findings.
(10) Minority educational researchers are inad-
equately represented throughout the Department of
Education, but particularly in the Office of Edu-
cational Research and Improvement. The Office
therefore must assume a leadership position in the
recruitment, retention, and promotion of qualified
minority educational researchers.
(11) The coordination of the mission of the Of-
fice of Educational Research and Improvement with
that of other components of the Department of Edu-
cation is critical. It must improve the coordination
of the educational research, development, and dis-
semination function with those of other Federal
agencies.
TITLE I—GENERAL PROVISIONS
REGARDING OFFICE OF EDU-
CATIONAL 
RESEARCH 
AND
IMPROVEMENT
SEC. 101. GENERAL PROVISIONS.
Section 405 of the General Education Provisions Act
(20 U.S.C. 1221e) is amended to read as follows:
‘‘OFFICE OF EDUCATIONAL RESEARCH AND
IMPROVEMENT
‘‘SEC. 405. (a) DECLARATION OF POLICY REGARD-
ING EDUCATIONAL OPPORTUNITY.—
‘‘(1) IN GENERAL.—The Congress declares it to
be the policy of the United States to provide to every
individual an equal opportunity to receive an edu-
cation of high quality regardless of race, color, reli-
gion, sex, age, disability, national origin, or social
class. Although the American educational system has
pursued this objective, it has not attained the objec-
tive. Inequalities of opportunity to receive high qual-
ity education remain pronounced. To achieve the
goal of quality education requires the continued pur-
suit of knowledge about education through research,
development, improvement activities, data collection,
synthesis, technical assistance, and information dis-
semination. While the direction of American edu-
cation remains primarily the responsibility of State
and local governments, the Federal Government has
a clear responsibility to provide leadership in the
conduct and support of scientific inquiry into the
educational process.
‘‘(2) MISSION OF OFFICE.—
‘‘(A) The mission of the Office of Edu-
cational Research and Improvement shall be to
provide national leadership in—
‘‘(i) expanding fundamental knowl-
edge and understanding of education;
‘‘(ii) promoting excellence and equity
in education; and
‘‘(iii) monitoring the state of edu-
cation.
‘‘(B) The mission of the Office shall be ac-
complished in collaboration with researchers,
teachers, school administrators, parents, stu-
dents, employers, and policymakers.
‘‘(b) PURPOSE AND STRUCTURE OF OFFICE.—
‘‘(1) IN
GENERAL.—The Secretary, acting
through the Office of Educational Research and Im-
provement, shall carry out the policies set forth in
subsection (a). In carrying out such policies, the
Secretary shall be guided by the priorities estab-
lished by the Board of Governors established in sec-
tion 405A.
‘‘(2) ADMINISTRATIVE
STRUCTURE.—The Of-
fice shall be administered by the Assistant Secretary
and shall include—
‘‘(A) the National Educational Research
Policy and Priorities Board established by sec-
tion 405A;
‘‘(B) the national research institutes estab-
lished by section 405B;
‘‘(C) the national education dissemination
system established by section 405C;
‘‘(D) the National Library of Education
established by section 405D;
‘‘(E) the National Center for Education
Statistics established by section 406; and
‘‘(F) such other units as the Secretary
deems appropriate to carry out the purposes of
the Office.
‘‘(3) PRIORITIES IN RESEARCH AND DEVELOP-
MENT.—The Office shall, in accordance with the
provisions of this section, seek to improve education
in the United States through concentrating the re-
sources of the Office on the following priority re-
search and development needs:
‘‘(A) The education of at-risk students.
‘‘(B) The education and development of
young children.
‘‘(C) Student achievement in elementary
and secondary school.
‘‘(D) Postsecondary education, libraries,
and lifelong learning for adults.
‘‘(E) The improvement of schools through
the restructuring and reform of school govern-
ance, policymaking, finance and management at
the State, local, school building, and classroom
level.
‘‘(c) APPOINTMENT OF EMPLOYEES.—
‘‘(1) IN
GENERAL.—The Assistant Secretary
may appoint, for terms not to exceed three years
(without regard to the provisions of title 5 of the
United States Code governing appointment in the
competitive service) and may compensate (without
regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to
classification and General Schedule pay rates) such
scientific or technical employees of the Office as the
Assistant Secretary considers necessary to accom-
plish its functions, provided that—
‘‘(A) at least 60 days prior to the appoint-
ment of any such employee, public notice is
given of the availability of such position and an
opportunity is provided for qualified individuals
to apply and compete for such position;
‘‘(B) the rate of basic pay for such employ-
ees does not exceed the maximum rate of basic
pay payable for positions at GS–15, as deter-
mined in accordance with section 5376 of title
5, United States Code;
‘‘(C) the appointment of such employee is
necessary to provide the Office with scientific or
technical expertise which could not otherwise be
obtained by the Office through the competitive
service; and
‘‘(D) the total number of such employees
does not exceed one-fifth of the number of full-
time, regular scientific or professional employ-
ees of the Office.
‘‘(2) REAPPOINTMENT
OF
EMPLOYEES.—The
Assistant Secretary may reappoint employees de-
scribed in paragraph (1) upon presentation of a
clear and convincing justification of need, for one
additional term not to exceed 3 years. All such em-
ployees shall work on activities of the Office and
shall not be reassigned to other duties outside the
Office during their term.
‘‘(d) AUTHORITY TO PUBLISH.—
‘‘(1) IN GENERAL.—The Assistant Secretary is
authorized to prepare and publish such information,
reports, and documents as may be of value in carry-
ing out the purposes of sections 405 through 405D
without further clearance or approval by the Sec-
retary or any other office of the Department.
‘‘(2) QUALITY
ASSURANCE.—In carrying out
such authority, the Assistant Secretary shall—
‘‘(A) establish such procedures as may be
necessary to assure that all reports and publica-
tions issued by the Office are of the highest
quality; and
‘‘(B) provide other offices of the Depart-
ment with an opportunity to comment upon any
report or publication prior to its publication
when its contents relate to matters for which
such office has responsibility.
‘‘(e) BIENNIAL REPORT
ON ACTIVITIES
OF OF-
FICE.—The Assistant Secretary shall transmit to the
President and the Congress by not later than December
30 of every other year a biennial report which shall consist
of—
‘‘(1) a description of the activities carried out
by and through each research institute during the
fiscal years for which such report is prepared and
any recommendations and comments regarding such
activities as the Assistant Secretary considers appro-
priate;
‘‘(2) a description of the activities carried out
by and through the national education dissemination
system established by section 405C during the fiscal
years for which such report is prepared and any rec-
ommendations and comments regarding such activi-
ties as the Assistant Secretary considers appro-
priate;
‘‘(3) such written comments and recommenda-
tions as may be submitted by the Board concerning
the activities carried out by and through each of the
institutes and the national education dissemination
system during the fiscal years for which such report
is prepared and how such activities relate to the Re-
search Policies and Priorities Plan developed by the
Board;
‘‘(4) a description of the coordination activities
undertaken pursuant to section 405(f) during the
fiscal years for which such report is prepared;
‘‘(5) recommendations for legislative and ad-
ministrative changes necessary to improve the co-
ordination of all educational research, development,
and dissemination activities carried out within the
Federal Government, particularly within the priority
research and development needs identified in section
405(b)(3); and
‘‘(6) such additional comments, recommenda-
tions, and materials as the Assistant Secretary con-
siders appropriate.
‘‘(f) COORDINATION.—With the advice and assistance
of the Board, the Assistant Secretary shall establish and
maintain an ongoing program of activities designed to im-
prove the coordination of education research, development,
and dissemination and activities within the Department
and within the Federal Government, particularly within
the priority research and development needs identified in
section 405(b)(3), in order to—
‘‘(1) minimize duplication in education re-
search, development, and dissemination carried out
by the Federal Government;
‘‘(2) maximize the value of the total Federal in-
vestment in education research, development, and
dissemination; and
‘‘(3) enable all entities engaged in education re-
search, development, and dissemination within the
Federal Government to interact effectively as part-
ners and take full advantage of the diverse resources
and proficiencies which each entity has available.
‘‘(g) ACTIVITIES REQUIRED WITH RESPECT TO CO-
ORDINATION.—In carrying out such program of coordina-
tion, the Assistant Secretary shall compile (and thereafter
regularly maintain) and make available a comprehensive
inventory of all education research, development, dissemi-
nation activities, and expenditures being carried out by the
Federal Government within the priority research and de-
velopment needs identified in section 405(b)(3).
‘‘(h) STANDARDS FOR CONDUCT AND EVALUATION
OF RESEARCH.—
‘‘(1) IN
GENERAL.—In consultation with the
Board, the Assistant Secretary shall develop such
standards as may be necessary to govern the con-
duct and evaluation of all research, development,
and dissemination activities carried out by the Office
to assure that such activities meet the highest stand-
ards of professional excellence. In developing such
standards, the Assistant Secretary shall review the
procedures utilized by the National Institutes of
Health, the National Science Foundation, and other
Federal agencies engaged in research and develop-
ment and shall also actively solicit recommendations
from the National Academy of Sciences, the Amer-
ican Educational Research Association and members
of the general public.
‘‘(2) CONTENTS OF STANDARDS.—Such stand-
ards shall at a minimum—
‘‘(A) require that a system of peer review
be utilized by the Office—
‘‘(i) in reviewing and evaluating all
applications for grants and cooperative
agreements and bids for those contracts
which exceed $100,000;
‘‘(ii) in evaluating and assessing the
performance of all recipients of grants
from and cooperative agreements and con-
tracts with the Office; and
‘‘(iii) in reviewing and designating ex-
emplary and promising programs in ac-
cordance with section 405C(d);
‘‘(B)(i) specify the composition of peer re-
view panels, the criteria for the selection of
members of such panels, and describe the
means by which potential members shall be
identified so as to assure that such panels are
broadly representative of individuals with exper-
tise in matters relevant to the purposes of each
such panel;
‘‘(ii) prohibit the consideration of partisan
affiliation in the selection of any member of a
peer review panel;
‘‘(iii) describe the general procedures which
shall be used by each peer review panel in its
operations;
‘‘(iv) prohibit the participation by a mem-
ber of a peer review panel in the review of any
application in which such member has any fi-
nancial interest; and
‘‘(v) require that transcripts, minutes, and
other documents made available to or prepared
for or by a peer review panel will be available
for public inspection to the extent consistent
with the Freedom of Information Act, the Fed-
eral Advisory Committee Act, the Privacy Act,
and other laws;
‘‘(C)(i) describe the procedures which shall
be utilized in evaluating applications for grants,
proposed cooperative agreements, and contract
bids;
‘‘(ii) specify the criteria and factors which
shall be considered in making such evaluations;
and
‘‘(iii) provide that any decision to fund a
grant, contract, or cooperative agreement out of
its order of ranking by a peer review panel shall
be first fully justified in writing and that copies
of such justification shall be transmitted to the
Board, unless such action is required by some
other provision of law;
‘‘(D)(i) describe the procedures which shall
be utilized in reviewing educational programs
which have been identified by or submitted to
the Secretary for evaluation in accordance with
section 405C(d); and
‘‘(ii) specify the criteria which shall be
used in recommending programs as exemplary
and promising; and
‘‘(E)(i) require that the performance of all
recipients of grants from and contracts and co-
operative agreements with the Office shall be
periodically evaluated, both during and at the
conclusion of their receipt of assistance;
‘‘(ii) describe the procedures and means by
which such evaluations shall be undertaken, in-
cluding—
‘‘(I) the frequency of such evaluations;
‘‘(II) the criteria, outcome measures,
and other factors which shall be taken into
account; and
‘‘(III) measures to assure that on-site
evaluations of performance shall be utilized
to the extent appropriate and whenever
practicable; and
‘‘(iii) provide that the results of such eval-
uations shall be taken into account prior to any
decision to continue, renew, or provide new
funding to the entity being reviewed.
‘‘(3) PUBLICATION
AND
PROMULGATION
OF
STANDARDS.—
‘‘(A) The Assistant Secretary shall publish
proposed standards—