H. R. 3801—41
(B) Representatives of institutions of higher education,
including individuals representing university-based edu-
cation research and university-based research on subjects
other than education.
(C) Parents.
(D) Practicing educators, including classroom teachers,
principals, administrators, school board members, and
other local school officials.
(E) Representatives of business.
(F) Researchers.
(3) RECOMMENDATIONS.—In choosing individuals for mem-
bership on a regional advisory committee, the Secretary shall
consult with, and solicit recommendations from, the chief execu-
tive officers of States, chief State school officers, and education
stakeholders within the applicable region.
(4) SPECIAL RULE.—
(A) TOTAL
NUMBER.—The total number of members
on each committee who are selected under subparagraphs
(A), (C), and (D) of paragraph (2), collectively, shall exceed
the total number of members who are selected under para-
graph (1)(C) and subparagraphs (B), (E), and (F) of para-
graph (2), collectively.
(B) DISSOLUTION.—Each regional advisory committee
shall be dissolved by the Secretary after submission of
such committee’s report described in subsection (c)(2) to
the Secretary, but each such committee may be reconvened
at the discretion of the Secretary.
(c) DUTIES.—Each regional advisory committee shall advise the
Secretary on the following:
(1) An educational needs assessment of its region (using
the results of the assessment conducted under subsection (d)),
in order to assist in making decisions regarding the regional
educational priorities.
(2) Not later than 6 months after the committee is first
convened, a report based on the assessment conducted under
subsection (d).
(d) REGIONAL ASSESSMENTS.—Each regional advisory committee
shall—
(1) assess the educational needs within the region to be
served;
(2) in conducting the assessment under paragraph (1), seek
input from chief executive officers of States, chief State school
officers, educators, and parents (including through a process
of open hearings to solicit the views and needs of schools
(including public charter schools), teachers, administrators,
members of the regional educational laboratory governing
board, 
parents, 
local 
educational 
agencies, 
librarians,
businesses, State educational agencies, and other customers
(such as adult education programs) within the region) regarding
the need for the activities described in section 174 of the
Education Sciences Reform Act of 2002 and section 203 of
this title and how those needs would be most effectively
addressed; and
(3) submit the assessment to the Secretary and to the
Director of the Academy of Education Sciences, at such time,
in such manner, and containing such information as the Sec-
retary may require.
H. R. 3801—42
SEC. 207. PRIORITIES.
The Secretary shall establish priorities for the regional edu-
cational laboratories (established under section 174 of the Education
Sciences Reform Act of 2002) and comprehensive centers (estab-
lished under section 203 of this title) to address, taking onto account
the regional assessments conducted under section 206 and other
relevant regional surveys of educational needs, to the extent the
Secretary deems appropriate.
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA
SYSTEMS.
(a) GRANTS AUTHORIZED.—The Secretary is authorized to award
grants, on a competitive basis, to State educational agencies to
enable such agencies to design, develop, and implement statewide,
longitudinal data systems to efficiently and accurately manage,
analyze, disaggregate, and use individual student data, consistent
with the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
(b) APPLICATIONS.—Each State educational agency desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information
as the Secretary may reasonably require.
(c) AWARDING OF GRANTS.—In awarding grants under this sec-
tion, the Secretary shall use a peer review process that—
(1) ensures technical quality (including validity and reli-
ability), promotes linkages across States, and protects student
privacy consistent with section 183;
(2) promotes the generation and accurate and timely use
of data that is needed—
(A) for States and local educational agencies to comply
with the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) and other reporting requirements
and close achievement gaps; and
(B) to facilitate research to improve student academic
achievement and close achievement gaps; and
(3) gives priority to applications that meet the voluntary
standards and guidelines described in section 153(a)(5).
(d) SUPPLEMENT NOT SUPPLANT.—Funds made available under
this section shall be used to supplement, and not supplant, other
State or local funds used for developing State data systems.
(e) REPORT.—Not later than 1 year after the date of enactment
of the Educational Technical Assistance Act of 2002, and again
3 years after such date of enactment, the Secretary, in consultation
with the National Academies Committee on National Statistics,
shall make publicly available a report on the implementation and
effectiveness of Federal, State, and local efforts related to the goals
of this section, including—
(1) identifying and analyzing State practices regarding the
development and use of statewide, longitudinal data systems;
(2) evaluating the ability of such systems to manage indi-
vidual student data consistent with the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote
linkages across States, and protect student privacy consistent
with section 183; and
(3) identifying best practices and areas for improvement.
H. R. 3801—43
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2003 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
TITLE III—NATIONAL ASSESSMENT OF
EDUCATIONAL PROGRESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ‘‘National Assessment
of Educational Progress Authorization Act’’.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ‘‘Director’’ means the Director of the Institute
of Education Sciences.
(2) The term ‘‘State’’ means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated—
(1) for fiscal year 2003—
(A) $4,600,000 to carry out section 302, as amended
by section 401 of this Act (relating to the National Assess-
ment Governing Board); and
(B) $107,500,000 to carry out section 303, as amended
by section 401 of this Act (relating to the National Assess-
ment of Educational Progress); and
(2) such sums as may be necessary for each of the 5
succeeding fiscal years to carry out sections 302 and 303, as
amended by section 401 of this Act.
(b) AVAILABILITY.—Amounts made available under this section
shall remain available until expended.
TITLE IV—AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) CONFIDENTIALITY.—Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007) is amended—
(1) by striking ‘‘center’’, ‘‘Center’’, and ‘‘Commissioner’’ each
place any such term appears and inserting ‘‘Director’’;
(2) in subsection (a)(2)(A), by striking ‘‘statistical purpose’’
and inserting ‘‘research, statistics, or evaluation purpose under
this title’’;
(3) by striking subsection (b)(1) and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) DISCLOSURE.—No Federal department, bureau,
agency, officer, or employee and no recipient of a Federal
grant, contract, or cooperative agreement may, for any
reason, require the Director, any Commissioner of a
National Education Center, or any other employee of the
Institute to disclose individually identifiable information
that has been collected or retained under this title.
‘‘(B) IMMUNITY.—Individually identifiable information
collected or retained under this title shall be immune from
H. R. 3801—44
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 adminis-
trative proceeding.
‘‘(C) APPLICATION.—This paragraph does not apply to
requests for individually identifiable information submitted
by or on behalf of the individual identified in the informa-
tion.’’;
(4) in paragraphs (2) and (6) of subsection (b), by striking
‘‘subsection (a)(2)’’ each place such term appears and inserting
‘‘subsection (c)(2)’’;
(5) in paragraphs (3) and (7) of subsection (b), by striking
‘‘Center’s’’ each place such term appears and inserting ‘‘Direc-
tor’s’’; and
(6) by striking the section heading and transferring all
the subsections (including subsections (a) through (c)) and
redesignating such subsections as subsections (c) through (e),
respectively, at the end of section 183 of this Act.
(b) CONFORMING AMENDMENT.—Sections 302 and 303 of this
Act are redesignated as sections 304 and 305, respectively.
(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412 of
the National Education Statistics Act of 1994 (20 U.S.C. 9011)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘referred to as the ‘Board’ ’’ and
inserting ‘‘referred to as the ‘Assessment Board’ ’’; and
(B) by inserting ‘‘(carried out under section 303)’’ after
‘‘for the National Assessment’’;
(2) by striking ‘‘Board’’ each place such term appears (other
than in subsection (a)) and inserting ‘‘Assessment Board’’;
(3) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Commissioner for Education Statistics’’;
(4) in subsection (b)(2)—
(A) by striking ‘‘ASSISTANT
SECRETARY
FOR
EDU-
CATIONAL
RESEARCH’’ in the heading and inserting
‘‘DIRECTOR OF THE INSTITUTE OF EDUCATION SCIENCES’’; and
(B) by striking ‘‘Assistant Secretary for Educational
Research and Improvement’’ and inserting ‘‘Director of the
Institute of Education Sciences’’;
(5) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘section 411(b)’’
and inserting ‘‘section 303(b)’’;
(ii) in subparagraph (B), by striking ‘‘section
411(e)’’ and inserting ‘‘section 303(e)’’;
(iii) in subparagraph (E), by striking ‘‘, including
the Advisory Council established under section 407’’;
(iv) in subparagraphs (F) and (I), by striking ‘‘sec-
tion 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 following:
‘‘(J) plan and execute the initial public release of
National Assessment of Educational Progress reports.
H. R. 3801—45
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
(6) by transferring and redesignating the section as section
302 (following section 301) of title III of this Act.
(d) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Sec-
tion 411 of the National Education Statistics Act of 1994 (20 U.S.C.
9010) is amended—
(1) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Commissioner for Education 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 inserting ‘‘section
302’’; and
(B) by striking ‘‘and with the technical assistance 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)—
(i) in clause (i), by striking ‘‘paragraphs (1)(B) and
(1)(E)’’ and inserting ‘‘paragraphs (2)(B) and (2)(E)’’;
(ii) in clause (ii), by striking ‘‘paragraph (1)(C)’’
and inserting ‘‘paragraph (2)(C)’’; and
(iii) in clause (iii), by striking ‘‘paragraph (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 ‘‘subparagraph (B)’’
and inserting ‘‘subparagraph (C)’’;
(6) in subsection (e)(4), by striking ‘‘subparagraph (2)(C)’’
and inserting ‘‘paragraph (2)(C) of such subsection’’;
(7) in subsection (f)(1)(B)(iv), by striking ‘‘section 412(e)(4)’’
and inserting ‘‘section 302(e)(4)’’; and
(8) by transferring and redesignating the section 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 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 ORGANIZA-
TION 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: