(1) conduct a survey of the educational needs,
strengths, and weaknesses within the region to be
served;
(2) in conducting the survey under paragraph
(1), seek input from Governors, 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, parents, local educational
agencies, librarians, businesses, State educational
agencies, and other customers (such as adult edu-
cation programs) within the region) regarding the
need for the activities described in section 202(b)(1)
and how those needs would be most effectively ad-
dressed; and
(3) submit the survey 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 Secretary may require.
SEC. 204. PRIORITIES AND EVALUATIONS.
(a) PRIORITIES.—The Secretary may establish prior-
ities for the regional entities to address. The priorities
shall directly correspond with the educational needs of the
region, using the regional survey conducted under section
203(d).
(b) STANDARDS.—The Secretary shall establish
standards, consistent with those established under section
135(a) of the Education Sciences Reform Act of 2001, for
the conduct of research and development and the dissemi-
nation of scientifically based research by the regional enti-
ties.
(c) EVALUATIONS.—The Secretary shall provide for
ongoing independent evaluations of the regional entities
receiving contracts under this title, the results of which
shall be transmitted to the appropriate congressional com-
mittees and the Director of the Academy of Education
Sciences. Such evaluations shall include an analysis of the
services provided under this title, the extent to which each
of the regional entities meets the objectives of its respec-
tive plan (as submitted in its application under section
202(c)(2)), and whether such services meet the edu-
cational needs of State educational agencies and local edu-
cational agencies and schools in the region.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $189,000,000 for fiscal year
2003 and such sums as may be necessary for each of the
5 succeeding fiscal years.
(b) LIMITATION.—Not more than 5 percent of the
funds appropriated under subsection (a) for a fiscal year
may be used to establish and administer the regional advi-
sory committees required under section 203 and to con-
duct the evaluations required under section 204(c).
SEC. 206. GENERAL PROVISIONS.
Part E of the Education Sciences Reform Act of
2002 applies to this title, as appropriate, except that any
duty of the Director of the Academy of Education Sciences
under that part shall be a duty of Secretary under this
title.
TITLE 
III—NATIONAL 
ASSESS-
MENT 
OF 
EDUCATIONAL
PROGRESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ‘‘National Assess-
ment of Educational Progress Authorization Act’’.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ‘‘Director’’ means the Director of
the Academy of Education Sciences.
(2) The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Common-
wealth 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 Assessment Governing Board);
and
(B) $107,500,000 to carry out section 303,
as amended by section 401 of this Act (relating
to the National Assessment 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 ‘‘Com-
missioner’’ each place any such term appears and in-
serting ‘‘Director’’;
(2) in subsection (a)(2)(A), by striking ‘‘statis-
tical purpose’’ and inserting ‘‘research, statistics, or
evaluation purpose under this title’’;
(3) so that paragraph (1) of subsection (b)
reads as follows:
‘‘(1) IN GENERAL.—
‘‘(A) DISCLOSURE.—No Federal depart-
ment, bureau, agency, officer, or employee and
no recipient of a Federal grant, contract, or co-
operative agreement may, for any reason, re-
quire the Director, any Commissioner of a Na-
tional Education Center, or any other employee
of the Academy to disclose individually identifi-
able information that has been collected or re-
tained under this title.
‘‘(B) IMMUNITY.—Individually identifiable
information collected or retained under this title
shall be immune from legal process and shall
not, without the consent of the individual con-
cerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or
administrative proceeding.
‘‘(C) APPLICATION.—This paragraph does
not apply to requests for individually identifi-