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 
Reform 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 Ele-
mentary and Secondary Education Act of 1965 (20 
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 
research’’ 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. 
(6) 
COMPREHENSIVE
CENTER.—The 
term 
‘‘comprehensive center’’ means an entity established
under section 203 of the Educational Technical As-
sistance 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 meth-
ods of instruction and practices in teaching, that 
lead to the improvement of the academic skills of 
students, and that are replicable in different edu-
cational settings. 
(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 
improvement of educational practice by teachers, ad-
ministrators, librarians, other practitioners, re-
searchers, parents, policymakers, and the public,
through technical 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, nonresiden-
tial child care services (including center-based, fam-
ily-based, and in-home child care services) that is le-
gally operating under State law, and that complies 
with applicable 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 kindergarten in that State. 
(12) FIELD-INITIATED
RESEARCH.—The term 
‘‘field-initiated research’’ means basic research or 
applied research in which specific questions and 
methods of study are generated by investigators (in-
cluding teachers and other practitioners) and that 
conforms to standards of scientifically valid research. 
(13) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘‘historically Black college or 
university’’ means a part B institution as defined in 
section 322 of the Higher Education Act of 1965 
(20 U.S.C. 1061).
(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 
meaning 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 
center 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.
(18) 
SCIENTIFICALLY
BASED
RESEARCH 
STANDARDS.—(A) The term ‘‘scientifically based re-
search standards’’ means research standards that—
(i) apply rigorous, systematic, and objec-
tive methodology to obtain reliable and valid 
knowledge relevant to education activities and 
programs; and 
(ii) present findings and make claims that 
are appropriate to and supported by the meth-
ods that have been employed. 
(B) The term includes, appropriate to the re-
search being conducted—
(i) employing systematic, empirical meth-
ods 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 sub-
stantially eliminate plausible competing expla-
nations for the obtained results); 
(v) ensuring that studies and methods are 
presented in sufficient detail and clarity to
allow for replication or, at a minimum, to offer 
the opportunity 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 EVAL-
UATION.—The term ‘‘scientifically valid education 
evaluation’’ means an evaluation that—
(A) adheres to the highest possible stand-
ards 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 
research methodologies that allow for the
strongest possible causal inferences when ran-
dom assignment 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 (ex-
cept 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 
‘‘technical 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—
(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 encour-
age the improvement of teaching and learning 
through the applications of techniques sup-
ported 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-
searchers, policymakers, and the general public with 
reliable information about—
(A) the condition and progress of edu-
cation 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 con-
duct research, evaluations, and wide dissemination 
activities in areas of demonstrated national need (in-
cluding in technology areas) that are supported by 
Federal funds appropriated to the Institute and en-
sure that such activities—
(A) conform to high standards of quality, 
integrity, and accuracy; and 
(B) are objective, secular, neutral, and 
nonideological and are free of partisan political 
influence and racial, cultural, gender, or re-
gional bias.
(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 in-
clude—
(A) the National Center for Education Re-
search (as described in part B); 
(B) the National Center for Education 
Statistics (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 In-
stitute, directly or through grants, contracts, or coopera-
tive agreements, shall—
(1) conduct and support scientifically valid re-
search activities, including basic research and ap-
plied research, statistics activities, scientifically valid 
education evaluation, development, and wide dissemi-
nation;
(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 
construed to alter or diminish the role, responsibil-
ities, or authority of the National Assessment Gov-
erning Board with respect to the National Assess-
ment of Educational Progress (including with re-
spect to the methodologies of the National Assess-
ment of Educational Progress described in section 
302(e)(1)(E)) from those authorized by the National 
Education Statistics 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 Assess-
ment 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 sec-
tion 116, and the Institute’s mission, as described in 
section 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 sub-
section (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 appoint-
ment 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 
Research 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 para-
graph (2). 
(c) PAY.—The Director shall receive the rate of basic 
pay for level II of the Executive Schedule. 
(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 
productivity 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 
Institute, in accordance with section 115(a). 
(2) To ensure the methodology applied in con-
ducting research, development, evaluation, and sta-
tistical analysis is consistent with the standards for 
such activities under this title.
(3) To coordinate education research and re-
lated activities carried out by the Institute with such 
research and activities carried out by other agencies 
within the Department and the Federal Government. 
(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 Edu-
cation Provisions Act (20 U.S.C. 1232g, 1232h). 
(7) To ensure that activities conducted or sup-
ported by the Institute are objective, secular, neu-
tral, and nonideological and are free of partisan po-
litical influence and racial, cultural, gender, or re-
gional bias. 
(8) To undertake initiatives and programs to 
increase the participation of researchers and institu-
tions that have been historically underutilized in
Federal education research activities of the Institute, 
including historically Black colleges or universities or 
other institutions of higher education with large 
numbers of minority students. 
(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 cen-
ters. 
(10) To solicit and consider the recommenda-
tions of education stakeholders, in order to ensure 
that there is broad and regular public and profes-
sional input from the educational field in the plan-
ning and carrying out of the Institute’s activities. 
(11) To coordinate the wide dissemination of 
information on scientifically valid research. 
(12) To carry out and support other activities 
consistent with the priorities and mission of the In-
stitute. 
(g) EXPERT GUIDANCE AND ASSISTANCE.—The Di-
rector may establish technical and scientific peer-review 
groups and scientific program advisory committees for re-
search and evaluations that the Director determines are 
necessary to carry out the requirements of this title. The 
Director 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 com-
mittee 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 quali-
fied and capable to appraise education research and devel-
opment projects. The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to a peer-review group or 
an advisory committee established under this subsection. 
(h) REVIEW.—The Director may, when requested by 
other officers of the Department, and shall, when directed 
by the Secretary, review the products and publications of 
other offices of the Department to certify that evidence-
based claims about those products and publications are 
scientifically valid. 
SEC. 115. PRIORITIES. 
(a) PROPOSAL.—The Director shall propose to the 
Board priorities for the Institute (taking into consider-
ation long-term research and development on core issues 
conducted through the national research and development 
centers). The Director shall identify topics that may re-
quire long-term research and topics that are focused on 
understanding and solving particular education problems 
and issues, including those associated with the goals and 
requirements established in the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
and the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), such as—
(1) closing the achievement gap between high-
performing and low-performing children, especially 
achievement gaps between minority and nonminority 
children and between disadvantaged children and 
such children’s more advantaged peers; and 
(2) ensuring—
(A) that all children have the ability to ob-
tain a high-quality education (from early child-
hood through postsecondary education) and 
reach, at a minimum, proficiency on challenging 
State academic achievement standards and 
State academic assessments, particularly in 
mathematics, science, and reading or language 
arts; 
(B) access to, and opportunities for, post-
secondary education; and 
(C) the efficacy, impact on academic 
achievement, and cost-effectiveness of tech-
nology use within the Nation’s schools. 
(b) APPROVAL.—The Board shall approve or dis-
approve the priorities for the Institute proposed by the Di-
rector, including any necessary revision of those priorities.
The Board shall transmit any priorities so approved to 
the appropriate congressional committees. 
(c) CONSISTENCY.—The Board shall ensure that pri-
orities of the Institute and the National Education Cen-
ters are consistent with the mission of the Institute. 
(d) PUBLIC AVAILABILITY AND COMMENT.—
(1) PRIORITIES.—Before submitting to the 
Board proposed priorities for the Institute, the Di-
rector shall make such priorities available to the 
public for comment for not less than 60 days (in-
cluding by means of the Internet and through pub-
lishing such priorities in the Federal Register). The 
Director shall provide to the Board a copy of each 
such comment submitted. 
(2) PLAN.—Upon approval of such priorities, 
the Director shall make the Institute’s plan for ad-
dressing such priorities available for public comment 
in the same manner as under paragraph (1). 
SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES. 
(a) ESTABLISHMENT.—The Institute shall have a 
board of directors, which shall be known as the National 
Board for Education Sciences. 
(b) DUTIES.—The duties of the Board shall be the 
following:
(1) To advise and consult with the Director on 
the policies of the Institute. 
(2) To consider and approve priorities proposed 
by the Director under section 115 to guide the work 
of the Institute. 
(3) To review and approve procedures for tech-
nical and scientific peer review of the activities of 
the Institute. 
(4) To advise the Director on the establishment 
of activities to be supported by the Institute, includ-
ing the general areas of research to be carried out 
by the National Center for Education Research. 
(5) To present to the Director such rec-
ommendations as it may find appropriate for—
(A) the strengthening of education re-
search; and 
(B) the funding of the Institute. 
(6) To advise the Director on the funding of 
applications for grants, contracts, and cooperative 
agreements for research, after the completion of peer 
review. 
(7) To review and regularly evaluate the work 
of the Institute, to ensure that scientifically valid re-
search, development, evaluation, and statistical anal-
ysis are consistent with the standards for such ac-
tivities under this title. 
(8) To advise the Director on ensuring that ac-
tivities conducted or supported by the Institute are 
objective, secular, neutral, and nonideological and 
are free of partisan political influence and racial, 
cultural, gender, or regional bias. 
(9) To solicit advice and information from those 
in the educational field, particularly practitioners 
and researchers, to recommend to the Director top-
ics that require long-term, sustained, systematic, 
programmatic, and integrated research efforts, in-
cluding knowledge utilization and wide dissemination 
of research, consistent with the priorities and mis-
sion of the Institute. 
(10) To advise the Director on opportunities for 
the participation in, and the advancement of, 
women, minorities, and persons with disabilities in 
education research, statistics, and evaluation activi-
ties of the Institute. 
(11) To recommend to the Director ways to en-
hance strategic partnerships and collaborative efforts 
among other Federal and State research agencies.
(12) To recommend to the Director individuals 
to serve as Commissioners of the National Edu-
cation Centers. 
(c) COMPOSITION.—
(1) VOTING MEMBERS.—The Board shall have 
15 voting members appointed by the President, by 
and with the advice and consent of the Senate. 
(2) ADVICE.—The President shall solicit advice 
regarding individuals to serve on the Board from the 
National Academy of Sciences, the National Science 
Board, and the National Science Advisor. 
(3) NONVOTING EX OFFICIO MEMBERS.—The 
Board shall have the following nonvoting ex officio 
members: 
(A) The Director of the Institute of Edu-
cation Sciences. 
(B) Each of the Commissioners of the Na-
tional Education Centers. 
(C) The Director of the National Institute 
of Child Health and Human Development. 
(D) The Director of the Census. 
(E) The Commissioner of Labor Statistics. 
(F) The Director of the National Science 
Foundation. 
(4) APPOINTED MEMBERSHIP.—
(A) 
QUALIFICATIONS.—Members 
ap-
pointed under paragraph (1) shall be highly 
qualified to appraise education research, statis-
tics, evaluations, or development, and shall in-
clude the following individuals: 
(i) Not fewer than 8 researchers in 
the field of statistics, evaluation, social 
sciences, 
or 
physical 
and 
biological 
sciences, which may include those research-
ers recommended by the National Academy 
of Sciences. 
(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 ex-
perts, principals, members of State or local 
boards of education or Bureau-funded 
school boards, and individuals from busi-
ness and industry with experience in pro-
moting private sector involvement in edu-
cation. 
(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 
appointed under such paragraph shall (as 
determined by a random selection process 
at the time of appointment) be for stag-
gered terms of—
(I) 4 years for each of 5 mem-
bers; 
(II) 3 years for each of 5 mem-
bers; and 
(III) 2 years for each of 5 mem-
bers; and 
(ii) no member appointed under such 
paragraph shall serve for more than 2 con-
secutive terms. 
(C) UNEXPIRED TERMS.—Any member ap-
pointed to fill a vacancy occurring before the 
expiration of the term for which the member’s 
predecessor was appointed shall be appointed 
only for the remainder of that term.
(D) CONFLICT
OF
INTEREST.—A voting 
member of the Board shall be considered a spe-
cial Government employee for the purposes of 
the Ethics in Government Act of 1978. 
(5) CHAIR.—The Board shall elect a chair from 
among the members of the Board. 
(6) COMPENSATION.—Members of the Board 
shall serve without pay for such service. Members of 
the Board who are officers or employees of the 
United States may not receive additional pay, allow-
ances, or benefits by reason of their service on the 
Board. 
(7) TRAVEL EXPENSES.—The members of the 
Board shall receive travel expenses, including per 
diem in lieu of subsistence, in accordance with sub-
chapter I of chapter 57 of title 5, United States 
Code. 
(8) POWERS OF THE BOARD.—
(A) EXECUTIVE
DIRECTOR.—The Board 
shall have an Executive Director who shall be 
appointed by the Board. 
(B) ADDITIONAL STAFF.—The Board shall 
utilize such additional staff as may be ap-
pointed or assigned by the Director, in con-
sultation with the Chair and the Executive Di-
rector. 
(C) DETAIL OF PERSONNEL.—The Board 
may use the services and facilities of any de-
partment or agency of the Federal Government. 
Upon the request of the Board, the head of any 
Federal department or agency may detail any 
of the personnel of that department or agency 
to the Board to assist the Board in carrying out 
this Act. 
(D) CONTRACTS.—The Board may enter 
into contracts or make other arrangements as 
may be necessary to carry out its functions. 
(E) INFORMATION.—The Board may, to 
the extent otherwise permitted by law, obtain 
directly from any executive department or agen-
cy of the Federal Government such information 
as the Board determines necessary to carry out 
its functions. 
(9) MEETINGS.—The Board shall meet not less 
than 3 times each year. The Board shall hold addi-
tional meetings at the call of the Chair or upon the 
written request of not less than 6 voting members 
of the Board. Meetings of the Board shall be open 
to the public.
(10) QUORUM.—A majority of the voting mem-
bers of the Board serving at the time of the meeting 
shall constitute a quorum. 
(d) STANDING COMMITTEES.—
(1) ESTABLISHMENT.—The Board may estab-
lish standing committees—
(A) that will each serve 1 of the National 
Education Centers; and 
(B) to advise, consult with, and make rec-
ommendations to the Director and the Commis-
sioner of the appropriate National Education 
Center. 
(2) MEMBERSHIP.—A majority of the members 
of each standing committee shall be voting members 
of the Board whose expertise is needed for the func-
tioning of the committee. In addition, the member-
ship of each standing committee may include, as ap-
propriate—
(A) experts and scientists in research, sta-
tistics, evaluation, or development who are rec-
ognized in their discipline as highly qualified to 
represent such discipline and who are not mem-
bers of the Board, but who may have been rec-
ommended by the Commissioner of the appro-
priate National Education Center and approved 
by the Board; 
(B) ex officio members of the Board; and 
(C) policymakers and expert practitioners 
with knowledge of, and experience using, the re-
sults of research, evaluation, and statistics who 
are not members of the Board, but who may 
have been recommended by the Commissioner 
of the appropriate National Education Center 
and approved by the Board. 
(3) DUTIES.—Each standing committee shall—
(A) review and comment, at the discretion 
of the Board or the standing committee, on any 
grant, contract, or cooperative agreement en-
tered into (or proposed to be entered into) by 
the applicable National Education Center; 
(B) prepare for, and submit to, the Board 
an annual evaluation of the operations of the 
applicable National Education Center; 
(C) review and comment on the relevant 
plan for activities to be undertaken by the ap-
plicable National Education Center for each fis-
cal year; and
(D) report periodically to the Board re-
garding the activities of the committee and the 
applicable National Education Center. 
(e) ANNUAL REPORT.—The Board shall submit to 
the Director, the Secretary, and the appropriate congres-
sional committees, not later than July 1 of each year, a 
report that assesses the effectiveness of the Institute in 
carrying out its priorities and mission, especially as such 
priorities and mission relate to carrying out scientifically 
valid research, conducting unbiased evaluations, collecting 
and reporting accurate education statistics, and trans-
lating research into practice. 
(f) RECOMMENDATIONS.—The Board shall submit to 
the Director, the Secretary, and the appropriate congres-
sional committees a report that includes any recommenda-
tions regarding any actions that may be taken to enhance 
the ability of the Institute to carry out its priorities and 
mission. The Board shall submit an interim report not 
later than 3 years after the date of enactment of this Act 
and a final report not later than 5 years after such date 
of enactment. 
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION 
CENTERS. 
(a) APPOINTMENT OF COMMISSIONERS.—
(1) IN GENERAL.—Except as provided in sub-
section (b), each of the National Education Centers 
shall be headed by a Commissioner appointed by the 
Director. In appointing Commissioners, the Director 
shall seek to promote continuity in leadership of the 
National Education Centers and shall consider indi-
viduals recommended by the Board. The Director 
may appoint a Commissioner to carry out the func-
tions of a National Education Center without regard 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
the provisions of chapter 51 and subchapter III of 
chapter 53 of such title relating to classification and 
General Schedule pay rates. 
(2) PAY AND QUALIFICATIONS.—Except as pro-
vided in subsection (b), each Commissioner shall— 
(A) receive the rate of basic pay for level 
IV of the Executive Schedule; and 
(B) be highly qualified in the field of edu-
cation research or evaluation. 
(3) SERVICE.—Except as provided in subsection 
(b), each Commissioner shall report to the Director. 
A Commissioner shall serve for a period of not more 
than 6 years, except that a Commissioner—
(A) may be reappointed by the Director; 
and 
(B) may serve after the expiration of that 
Commissioner’s term, until a successor has 
been appointed, for a period not to exceed 1 ad-
ditional year. 
(b) APPOINTMENT
OF COMMISSIONER
FOR EDU-
CATION STATISTICS.—The National Center for Education 
Statistics shall be headed by a Commissioner for Edu-
cation Statistics who shall be appointed by the President, 
by and with the advice and consent of the Senate, and 
who shall—
(1) have substantial knowledge of programs as-
sisted by the National Center for Education Statis-
tics; 
(2) receive the rate of basic pay for level IV of 
the Executive Schedule; and 
(3) serve for a term of 6 years, with the term 
to expire every sixth June 21, beginning in 2003. 
(c) COORDINATION.—Each Commissioner of a Na-
tional Education Center shall coordinate with each of the 
other Commissioners of the National Education Centers 
in carrying out such Commissioner’s duties under this 
title.
(d) SUPERVISION AND APPROVAL.—Each Commis-
sioner, except the Commissioner for Education Statistics, 
shall carry out such Commissioner’s duties under this title 
under the supervision and subject to the approval of the 
Director. 
SEC. 118. AGREEMENTS. 
The Institute may carry out research projects of com-
mon interest with entities such as the National Science 
Foundation and the National Institute of Child Health 
and Human Development through agreements with such 
entities that are in accordance with section 430 of the 
General Education Provisions Act (20 U.S.C. 1231). 
SEC. 119. BIENNIAL REPORT. 
The Director shall, on a biennial basis, transmit to 
the President, the Board, and the appropriate congres-
sional committees, and make widely available to the public 
(including by means of the Internet), a report containing 
the following: 
(1) A description of the activities carried out by 
and through the National Education Centers during 
the prior fiscal years. 
(2) A summary of each grant, contract, and co-
operative agreement in excess of $100,000 funded 
through the National Education Centers during the 
prior fiscal years, including, at a minimum, the
amount, duration, recipient, purpose of the award, 
and the relationship, if any, to the priorities and 
mission of the Institute, which shall be available in 
a user-friendly electronic database. 
(3) A description of how the activities of the 
National Education Centers are consistent with the 
principles of scientifically valid research and the pri-
orities and mission of the Institute. 
(4) Such additional comments, recommenda-
tions, and materials as the Director considers appro-
priate. 
SEC. 120. COMPETITIVE AWARDS. 
Activities carried out under this Act through grants, 
contracts, or cooperative agreements, at a minimum, shall 
be awarded on a competitive basis and, when practicable, 
through a process of peer review. 
PART B—NATIONAL CENTER FOR 
EDUCATION RESEARCH 
SEC. 131. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established in the 
Institute a National Center for Education Research (in 
this part referred to as the ‘‘Research Center’’). 
(b) MISSION.—The mission of the Research Center 
is—
(1) to sponsor sustained research that will lead 
to the accumulation of knowledge and understanding 
of education, to—
(A) ensure that all children have access to 
a high-quality education; 
(B) improve student academic achieve-
ment, including through the use of educational 
technology; 
(C) close the achievement gap between 
high-performing and low-performing students 
through the improvement of teaching and learn-
ing of reading, writing, mathematics, science, 
and other academic subjects; and 
(D) improve access to, and opportunity for, 
postsecondary education; 
(2) to support the synthesis and, as appro-
priate, the integration of education research; 
(3) to promote quality and integrity through 
the use of accepted practices of scientific inquiry to 
obtain knowledge and understanding of the validity 
of education theories, practices, or conditions; and 
(4) to promote scientifically valid research find-
ings that can provide the basis for improving aca-
demic instruction and lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH. 
The Research Center shall be headed by a Commis-
sioner for Education Research (in this part referred to as 
the ‘‘Research Commissioner’’) who shall have substantial 
knowledge of the activities of the Research Center, includ-
ing a high level of expertise in the fields of research and 
research management. 
SEC. 133. DUTIES. 
(a) GENERAL DUTIES.—The Research Center shall— 
(1) maintain published peer-review standards 
and standards for the conduct and evaluation of all 
research and development carried out under the aus-
pices of the Research Center in accordance with this 
part; 
(2) propose to the Director a research plan 
that—
(A) is consistent with the priorities and 
mission of the Institute and the mission of the 
Research Center and includes the activities de-
scribed in paragraph (3); and 
(B) shall be carried out pursuant to para-
graph (4) and, as appropriate, be updated and 
modified; 
(3) carry out specific, long-term research activi-
ties that are consistent with the priorities and mis-
sion of the Institute, and are approved by the Direc-
tor; 
(4) implement the plan proposed under para-
graph (2) to carry out scientifically valid research 
that—
(A) uses objective and measurable indica-
tors, including timelines, that are used to assess 
the progress and results of such research; 
(B) meets the procedures for peer review 
established by the Director under section 
114(f)(5) and the standards of research de-
scribed in section 134; and 
(C) includes both basic research and ap-
plied research, which shall include research con-
ducted through field-initiated research and on-
going research initiatives; 
(5) promote the use of scientifically valid re-
search within the Federal Government, including ac-
tive participation in interagency research projects 
described in section 118; 
(6) ensure that research conducted under the 
direction of the Research Center is relevant to edu-
cation practice and policy; 
(7) synthesize and disseminate, through the Na-
tional Center for Education Evaluation and Regional
Assistance, the findings and results of education re-
search conducted or supported by the Research Cen-
ter; 
(8) assist the Director in the preparation of a 
biennial report, as described in section 119; 
(9) carry out research on successful State and 
local education reform activities, including those that 
result in increased academic achievement and in 
closing the achievement gap, as approved by the Di-
rector; 
(10) carry out research initiatives regarding the 
impact of technology, including—
(A) research into how technology affects 
student achievement; 
(B) long-term research into cognition and 
learning issues as they relate to the uses of 
technology; 
(C) rigorous, peer-reviewed, large-scale, 
long-term, and broadly applicable empirical re-
search that is designed to determine which ap-
proaches to the use of technology are most ef-
fective and cost-efficient in practice and under 
what conditions; and 
(D) field-based research on how teachers 
implement technology and Internet-based re-
sources in the classroom, including an under-
standing 
how 
these 
resources 
are 
being 
accessed, put to use, and the effectiveness of 
such resources; and 
(11) carry out research that is rigorous, peer-
reviewed, and large scale to determine which meth-
ods of mathematics and science teaching are most 
effective, cost efficient, and able to be applied, dupli-
cated, and scaled up for use in elementary and sec-
ondary classrooms, including in low-performing 
schools, to improve the teaching of, and student 
achievement in, mathematics and science as required 
under the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq.). 
(b) ELIGIBILITY.—Research carried out under sub-
section (a) through contracts, grants, or cooperative 
agreements shall be carried out only by recipients with the 
ability and capacity to conduct scientifically valid research. 
(c) NATIONAL RESEARCH AND DEVELOPMENT CEN-
TERS.—
(1) SUPPORT.—In carrying out activities under 
subsection (a)(3), the Research Commissioner shall 
support not less than 8 national research and devel-
opment centers. The Research Commissioner shall 
assign each of the 8 national research and develop-
ment centers not less than 1 of the topics described 
in paragraph (2). In addition, the Research Commis-
sioner may assign each of the 8 national research 
and development centers additional topics of re-
search consistent with the mission and priorities of 
the Institute and the mission of the Research Cen-
ter. 
(2) TOPICS
OF
RESEARCH.—The Research 
Commissioner shall support the following topics of 
research, through national research and development 
centers or through other means: 
(A) Adult literacy. 
(B) Assessment, standards, and account-
ability research. 
(C) Early childhood development and edu-
cation. 
(D) English language learners research. 
(E) Improving low achieving schools. 
(F) Innovation in education reform. 
(G) State and local policy. 
(H) Postsecondary education and training. 
(I) Rural education. 
(J) Teacher quality. 
(K) Reading and literacy.
(3) DUTIES
OF
CENTERS.—The national re-
search and development centers shall address areas 
of national need, including in educational technology 
areas. The Research Commissioner may support ad-
ditional national research and development centers 
to address topics of research not described in para-
graph (2) if such topics are consistent with the pri-
orities and mission of the Institute and the mission 
of the Research Center. The research carried out by 
the centers shall incorporate the potential or existing 
role of educational technology, where appropriate, in 
achieving the goals of each center. 
(4) SCOPE.—Support for a national research 
and development center shall be for a period of not 
more than 5 years, shall be of sufficient size and 
scope to be effective, and notwithstanding section 
134(b), may be renewed without competition for not 
more than 5 additional years if the Director, in con-
sultation with the Research Commissioner and the 
Board, determines that the research of the national 
research and development center—
(A) continues to address priorities of the 
Institute; and
(B) merits renewal (applying the proce-
dures and standards established in section 
134). 
(5) LIMIT.—No national research and develop-
ment center may be supported under this subsection 
for a period of more than 10 years without submit-
ting to a competitive process for the award of the 
support. 
(6) CONTINUATION OF AWARDS.—The Director 
shall continue awards made to the national research 
and development centers that are in effect on the 
day before the date of enactment of this Act in ac-
cordance with the terms of those awards and may 
renew them in accordance with paragraphs (4) and 
(5). 
(7) DISAGGREGATION.—To the extent feasible, 
research conducted under this subsection shall be 
disaggregated by age, race, gender, and socio-
economic background. 
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF 
RESEARCH. 
(a) IN GENERAL.—In carrying out this part, the Re-
search Commissioner shall—
(1) ensure that all research conducted under 
the direction of the Research Center follows scientif-
ically based research standards; 
(2) develop such other standards as may be 
necessary to govern the conduct and evaluation of all 
research, development, and wide dissemination ac-
tivities carried out by the Research Center to assure 
that such activities meet the highest standards of 
professional excellence; 
(3) review the procedures utilized by the Na-
tional Institutes of Health, the National Science 
Foundation, and other Federal departments or agen-
cies engaged in research and development, and ac-
tively solicit recommendations from research organi-
zations and members of the general public in the de-
velopment of the standards described in paragraph 
(2); and 
(4) ensure that all research complies with Fed-
eral guidelines relating to research misconduct. 
(b) PEER REVIEW.—
(1) IN GENERAL.—The Director shall establish 
a peer review system, involving highly qualified indi-
viduals with an in-depth knowledge of the subject to 
be investigated, for reviewing and evaluating all ap-
plications for grants and cooperative agreements
that exceed $100,000, and for evaluating and assess-
ing the products of research by all recipients of 
grants and cooperative agreements under this Act. 
(2) EVALUATION.—The Research Commissioner 
shall—
(A) develop the procedures to be used in 
evaluating applications for research grants, co-
operative agreements, and contracts, and speci-
fy the criteria and factors (including, as appli-
cable, the use of longitudinal data linking test 
scores, enrollment, and graduation rates over 
time) which shall be considered in making such 
evaluations; and 
(B) evaluate the performance of each re-
cipient of an award of a research grant, con-
tract, or cooperative agreement at the conclu-
sion of the award. 
(c) LONG-TERM RESEARCH.—The Research Com-
missioner shall ensure that not less than 50 percent of 
the funds made available for research for each fiscal year 
shall be used to fund long-term research programs of not 
less than 5 years, which support the priorities and mission 
of the Institute and the mission of the Research Center.
PART C—NATIONAL CENTER FOR 
EDUCATION STATISTICS 
SEC. 151. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established in the 
Institute a National Center for Education Statistics (in 
this part referred to as the ‘‘Statistics Center’’). 
(b) MISSION.—The mission of the Statistics Center 
shall be—
(1) to collect and analyze education information 
and statistics in a manner that meets the highest 
methodological standards; 
(2) to report education information and statis-
tics in a timely manner; and 
(3) to collect, analyze, and report education in-
formation and statistics in a manner that—
(A) is objective, secular, neutral, and non-
ideological and is free of partisan political influ-
ence and racial, cultural, gender, or regional 
bias; and 
(B) is relevant and useful to practitioners, 
researchers, policymakers, and the public. 
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS. 
The Statistics Center shall be headed by a Commis-
sioner for Education Statistics (in this part referred to 
as the ‘‘Statistics Commissioner’’) who shall be highly
qualified and have substantial knowledge of statistical 
methodologies and activities undertaken by the Statistics 
Center. 
SEC. 153. DUTIES. 
(a) GENERAL DUTIES.—The Statistics Center shall 
collect, report, analyze, and disseminate statistical data re-
lated to education in the United States and in other na-
tions, including—
(1) collecting, acquiring, compiling (where ap-
propriate, on a State-by-State basis), and dissemi-
nating full and complete statistics (disaggregated by 
the population characteristics described in paragraph 
(3)) on the condition and progress of education, at 
the preschool, elementary, secondary, postsecondary, 
and adult levels in the United States, including data 
on—
(A) State and local education reform ac-
tivities; 
(B) State and local early childhood school 
readiness activities; 
(C) student achievement in, at a minimum, 
the core academic areas of reading, mathe-
matics, and science at all levels of education; 
(D) secondary school completions, drop-
outs, and adult literacy and reading skills;
(E) access to, and opportunity for, postsec-
ondary education, including data on financial 
aid to postsecondary students; 
(F) teaching, including—
(i) data on in-service professional de-
velopment, including a comparison of 
courses taken in the core academic areas 
of reading, mathematics, and science with 
courses in noncore academic areas, includ-
ing technology courses; and 
(ii) the percentage of teachers who are 
highly qualified (as such term is defined in 
section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)) in each State and, where feasible, 
in each local educational agency and 
school; 
(G) instruction, the conditions of the edu-
cation workplace, and the supply of, and de-
mand for, teachers; 
(H) the incidence, frequency, seriousness, 
and nature of violence affecting students, school 
personnel, and other individuals participating in 
school activities, as well as other indices of 
school safety, including information regarding—
(i) the relationship between victims 
and perpetrators; 
(ii) demographic characteristics of the 
victims and perpetrators; and 
(iii) the type of weapons used in inci-
dents, as classified in the Uniform Crime 
Reports of the Federal Bureau of Inves-
tigation; 
(I) the financing and management of edu-
cation, including data on revenues and expendi-
tures; 
(J) the social and economic status of chil-
dren, including their academic achievement; 
(K) the existence and use of educational 
technology and access to the Internet by stu-
dents and teachers in elementary schools and 
secondary schools; 
(L) access to, and opportunity for, early 
childhood education; 
(M) the availability of, and access to, be-
fore-school and after-school programs (including 
such programs during school recesses); 
(N) student participation in and comple-
tion of secondary and postsecondary vocational
and technical education programs by specific 
program area; and 
(O) the existence and use of school librar-
ies; 
(2) conducting and publishing reports on the 
meaning and significance of the statistics described 
in paragraph (1); 
(3) collecting, analyzing, cross-tabulating, and 
reporting, to the extent feasible, information by gen-
der, race, ethnicity, socioeconomic status, limited 
English proficiency, mobility, disability, urban, rural, 
suburban districts, and other population characteris-
tics, when such disaggregated information will facili-
tate educational and policy decisionmaking; 
(4) assisting public and private educational 
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection 
activities, which may include assisting State edu-
cational agencies and local educational agencies with 
the disaggregation of data and with the development 
of longitudinal student data systems; 
(5) determining voluntary standards and guide-
lines to assist State educational agencies in devel-
oping statewide longitudinal data systems that link 
individual student data consistent with the require-
ments of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.), promote link-
ages across States, and protect student privacy con-
sistent with section 183, to improve student aca-
demic achievement and close achievement gaps; 
(6) acquiring and disseminating data on edu-
cational activities and student achievement (such as 
the Third International Math and Science Study) in 
the United States compared with foreign nations; 
(7) conducting longitudinal and special data 
collections necessary to report on the condition and 
progress of education; 
(8) assisting the Director in the preparation of 
a biennial report, as described in section 119; and 
(9) determining, in consultation with the Na-
tional Research Council of the National Academies, 
methodology by which States may accurately meas-
ure graduation rates (defined as the percentage of 
students who graduate from secondary school with a 
regular diploma in the standard number of years), 
school completion rates, and dropout rates. 
(b) TRAINING PROGRAM.—The Statistics Commis-
sioner may establish a program to train employees of pub-
lic and private educational agencies, organizations, and in-
stitutions in the use of standard statistical procedures and
concepts, and may establish a fellowship program to ap-
point such employees as temporary fellows at the Statis-
tics Center, in order to assist the Statistics Center in car-
rying out its duties. 
SEC. 154. PERFORMANCE OF DUTIES. 
(a) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE 
AGREEMENTS.—In carrying out the duties under this 
part, the Statistics Commissioner, may award grants, 
enter into contracts and cooperative agreements, and pro-
vide technical assistance. 
(b) GATHERING INFORMATION.—
(1) SAMPLING.—The Statistics Commissioner 
may use the statistical method known as sampling 
(including random sampling) to carry out this part. 
(2) SOURCE OF INFORMATION.—The Statistics 
Commissioner may, as appropriate, use information 
collected—
(A) from States, local educational agencies, 
public and private schools, preschools, institu-
tions of higher education, vocational and adult 
education programs, libraries, administrators, 
teachers, students, the general public, and other 
individuals, organizations, agencies, and institu-
tions (including information collected by States
and local educational agencies for their own 
use); and 
(B) by other offices within the Institute 
and by other Federal departments, agencies, 
and instrumentalities. 
(3) COLLECTION.—The Statistics Commissioner 
may—
(A) enter into interagency agreements for 
the collection of statistics; 
(B) arrange with any agency, organization, 
or institution for the collection of statistics; and 
(C) assign employees of the Statistics Cen-
ter to any such agency, organization, or institu-
tion to assist in such collection. 
(4) TECHNICAL
ASSISTANCE
AND
COORDINA-
TION.—In order to maximize the effectiveness of De-
partment efforts to serve the educational needs of 
children and youth, the Statistics Commissioner 
shall—
(A) provide technical assistance to the De-
partment offices that gather data for statistical 
purposes; and 
(B) coordinate with other Department of-
fices in the collection of data.
(c) DURATION.—Notwithstanding any other provi-
sion of law, the grants, contracts, and cooperative agree-
ments under this section may be awarded, on a competi-
tive basis, for a period of not more than 5 years, and may 
be renewed at the discretion of the Statistics Commis-
sioner for an additional period of not more than 5 years. 
SEC. 155. REPORTS. 
(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The 
Statistics Commissioner, shall establish procedures, in ac-
cordance with section 186, to ensure that the reports 
issued under this section are relevant, of high quality, use-
ful to customers, subject to rigorous peer review, produced 
in a timely fashion, and free from any partisan political 
influence. 
(b) REPORT ON CONDITION AND PROGRESS OF EDU-
CATION.—Not later than June 1, 2003, and each June 
1 thereafter, the Statistics Commissioner, shall submit to 
the President and the appropriate congressional commit-
tees a statistical report on the condition and progress of 
education in the United States. 
(c) STATISTICAL REPORTS.—The Statistics Commis-
sioner shall issue regular and, as necessary, special statis-
tical reports on education topics, particularly in the core 
academic areas of reading, mathematics, and science, con-
sistent with the priorities and the mission of the Statistics 
Center. 
SEC. 156. DISSEMINATION. 
(a) GENERAL REQUESTS.—
(1) IN GENERAL.—The Statistics Center may 
furnish transcripts or copies of tables and other sta-
tistical records and make special statistical compila-
tions and surveys for State and local officials, public 
and private organizations, and individuals. 
(2) COMPILATIONS.—The Statistics Center 
shall provide State educational agencies, local edu-
cational agencies, and institutions of higher edu-
cation with opportunities to suggest the establish-
ment of particular compilations of statistics, surveys, 
and analyses that will assist those educational agen-
cies. 
(b) CONGRESSIONAL
REQUESTS.—The Statistics 
Center shall furnish such special statistical compilations 
and surveys as the relevant congressional committees may 
request. 
(c) JOINT STATISTICAL PROJECTS.—The Statistics 
Center may engage in joint statistical projects related to 
the mission of the Center, or other statistical purposes au-
thorized by law, with nonprofit organizations or agencies,
and the cost of such projects shall be shared equitably as 
determined by the Secretary. 
(d) FEES.—
(1) IN GENERAL.—Statistical compilations and 
surveys under this section, other than those carried 
out pursuant to subsections (b) and (c), may be 
made subject to the payment of the actual or esti-
mated cost of such work. 
(2) FUNDS RECEIVED.—All funds received in 
payment for work or services described in this sub-
section may be used to pay directly the costs of such 
work or services, to repay appropriations that ini-
tially bore all or part of such costs, or to refund ex-
cess sums when necessary. 
(e) ACCESS.—
(1) OTHER AGENCIES.—The Statistics Center 
shall, consistent with section 183, cooperate with 
other Federal agencies having a need for educational 
data in providing access to educational data received 
by the Statistics Center. 
(2) INTERESTED PARTIES.—The Statistics Cen-
ter shall, in accordance with such terms and condi-
tions as the Center may prescribe, provide all inter-
ested parties, including public and private agencies, 
parents, and other individuals, direct access, in the
most appropriate form (including, where possible, 
electronically), to data collected by the Statistics 
Center for the purposes of research and acquiring 
statistical information. 
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS. 
The Statistics Center may establish 1 or more na-
tional cooperative education statistics systems for the pur-
pose of producing and maintaining, with the cooperation 
of the States, comparable and uniform information and 
data on early childhood education, elementary and sec-
ondary education, postsecondary education, adult edu-
cation, and libraries, that are useful for policymaking at 
the Federal, State, and local levels. 
SEC. 158. STATE DEFINED. 
In this part, the term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
PART D—NATIONAL CENTER FOR EDU-
CATION EVALUATION AND REGIONAL 
ASSISTANCE 
SEC. 171. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established in the 
Institute a National Center for Education Evaluation and 
Regional Assistance.
(b) MISSION.—The mission of the National Center 
for Education Evaluation and Regional Assistance shall 
be—
(1) to provide technical assistance; 
(2) to conduct evaluations of Federal education 
programs administered by the Secretary (and as 
time and resources allow, other education programs) 
to determine the impact of such programs (especially 
on student academic achievement in the core aca-
demic areas of reading, mathematics, and science); 
(3) to support synthesis and wide dissemination 
of results of evaluation, research, and products de-
veloped; and 
(4) to encourage the use of scientifically valid 
education research and evaluation throughout the 
United States. 
(c) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE 
AGREEMENTS.—In carrying out the duties under this 
part, the Director may award grants, enter into contracts 
and cooperative agreements, and provide technical assist-
ance. 
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION 
AND REGIONAL ASSISTANCE. 
(a) IN GENERAL.—The National Center for Edu-
cation Evaluation and Regional Assistance shall be headed
by a Commissioner for Education Evaluation and Re-
gional Assistance (in this part referred to as the ‘‘Evalua-
tion and Regional Assistance Commissioner’’) who is high-
ly qualified and has demonstrated a capacity to carry out 
the mission of the Center and shall—
(1) conduct evaluations pursuant to section 
173; 
(2) widely disseminate information on scientif-
ically valid research, statistics, and evaluation on 
education, particularly to State educational agencies 
and local educational agencies, to institutions of 
higher education, to the public, the media, voluntary 
organizations, professional associations, and other 
constituencies, especially with respect to information 
relating to, at a minimum—
(A) the core academic areas of reading, 
mathematics, and science; 
(B) closing the achievement gap between 
high-performing students and low-performing 
students; 
(C) educational practices that improve aca-
demic achievement and promote learning; 
(D) education technology, including soft-
ware; and
(E) those topics covered by the Edu-
cational Resources Information Center Clear-
inghouses (established under section 941(f) of 
the Educational Research, Development, Dis-
semination, and Improvement Act of 1994 (20 
U.S.C. 6041(f)) (as such provision was in effect 
on the day before the date of enactment of this 
Act); 
(3) make such information accessible in a user-
friendly, timely, and efficient manner (including 
through use of a searchable Internet-based online 
database that shall include all topics covered in 
paragraph (2)(E)) to schools, institutions of higher 
education, educators (including early childhood edu-
cators), parents, administrators, policymakers, re-
searchers, public and private entities (including pro-
viders of early childhood services), entities respon-
sible for carrying out technical assistance through 
the Department, and the general public; 
(4) support the regional educational labora-
tories in conducting applied research, the develop-
ment and dissemination of educational research, 
products and processes, the provision of technical as-
sistance, and other activities to serve the educational 
needs of such laboratories’ regions;
(5) manage the National Library of Education 
described in subsection (d), and other sources of dig-
ital information on education research; 
(6) assist the Director in the preparation of a 
biennial report, described in section 119; and 
(7) award a contract for a prekindergarten 
through grade 12 mathematics and science teacher 
clearinghouse. 
(b) ADDITIONAL DUTIES.—In carrying out sub-
section (a), the Evaluation and Regional Assistance Com-
missioner shall—
(1) ensure that information disseminated under 
this section is provided in a cost-effective, non-
duplicative manner that includes the most current 
research findings, which may include through the 
continuation of individual clearinghouses authorized 
under the Educational Research, Development, Dis-
semination, and Improvement Act of 1994 (title IX 
of the Goals 2000: Educate America Act; 20 U.S.C. 
6001 et seq.) (as such Act existed on the day before 
the date of enactment of this Act); 
(2) describe prominently the type of scientific 
evidence that is used to support the findings that 
are disseminated;
(3) explain clearly the scientifically appropriate 
and inappropriate uses of—
(A) the findings that are disseminated; and 
(B) the types of evidence used to support 
those findings; and 
(4) respond, as appropriate, to inquiries from 
schools, educators, parents, administrators, policy-
makers, researchers, public and private entities, and 
entities responsible for carrying out technical assist-
ance. 
(c) CONTINUATION.—The Director shall continue 
awards for the support of the Educational Resources In-
formation Center Clearinghouses and contracts for re-
gional educational laboratories (established under sub-
sections (f) and (h) of section 941 of the Educational Re-
search, Development, Dissemination, and Improvement 
Act of 1994 (20 U.S.C. 6041(f) and (h)) (as such awards 
were in effect on the day before the date of enactment 
of this Act)) for the duration of those awards, in accord-
ance with the terms and agreements of such awards. 
(d) NATIONAL LIBRARY OF EDUCATION.—
(1) ESTABLISHMENT.—There is established, 
within the National Center for Education Evaluation 
and Regional Assistance, a National Library of Edu-
cation that shall—
(A) be headed by an individual who is 
highly qualified in library science; 
(B) collect and archive information; 
(C) provide a central location within the 
Federal Government for information about edu-
cation; 
(D) provide comprehensive reference serv-
ices on matters related to education to employ-
ees of the Department of Education and its 
contractors and grantees, other Federal employ-
ees, and members of the public; and 
(E) promote greater cooperation and re-
source sharing among providers and reposi-
tories of education information in the United 
States. 
(2) INFORMATION.—The information collected 
and archived by the National Library of Education 
shall include—
(A) products and publications developed 
through, or supported by, the Institute; and 
(B) other relevant and useful education-re-
lated research, statistics, and evaluation mate-
rials and other information, projects, and publi-
cations that are—
(i) consistent with—
(I) scientifically valid research; or 
(II) the priorities and mission of 
the Institute; and 
(ii) developed by the Department, 
other Federal agencies, or entities (includ-
ing entities supported under the Edu-
cational Technical Assistance Act of 2002 
and the Educational Resources Informa-
tion Center Clearinghouses (established 
under section 941(f) of the Educational 
Research, 
Development, 
Dissemination, 
and Improvement Act of 1994 (20 U.S.C. 
6041(f)) (as such provision was in effect 
on the day before the date of enactment of 
this Act))). 
SEC. 173. EVALUATIONS. 
(a) IN GENERAL.—
(1) REQUIREMENTS.—In carrying out its mis-
sions, the National Center for Education Evaluation 
and Regional Assistance may— 
(A) conduct or support evaluations con-
sistent with the Center’s mission as described in 
section 171(b);
(B) evaluate programs under title I of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.); 
(C) to the extent practicable, examine eval-
uations conducted or supported by others in 
order to determine the quality and relevance of 
the evidence of effectiveness generated by those 
evaluations, with the approval of the Director; 
(D) coordinate the activities of the Na-
tional Center for Education Evaluation and Re-
gional Assistance with other evaluation activi-
ties in the Department; 
(E) review and, where feasible, supplement 
Federal education program evaluations, particu-
larly those by the Department, to determine or 
enhance the quality and relevance of the evi-
dence generated by those evaluations; 
(F) establish evaluation methodology; and 
(G) assist the Director in the preparation 
of the biennial report, as described in section 
119. 
(2) ADDITIONAL REQUIREMENTS.—Each eval-
uation conducted by the National Center for Edu-
cation Evaluation and Regional Assistance pursuant 
to paragraph (1) shall—
(A) adhere to the highest possible stand-
ards of quality for conducting scientifically valid 
education evaluation; and 
(B) be subject to rigorous peer-review. 
(b) ADMINISTRATION
OF
EVALUATIONS
UNDER 
TITLE I OF THE ELEMENTARY AND SECONDARY EDU-
CATION ACT OF 1965.—The Evaluation and Regional As-
sistance Commissioner, consistent with the mission of the 
National Center for Education Evaluation and Regional 
Assistance under section 171(b), shall administer all oper-
ations and contracts associated with evaluations author-
ized by part E of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6491 et seq.) and ad-
ministered by the Department as of the date of enactment 
of this Act. 
SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR 
RESEARCH, DEVELOPMENT, DISSEMINATION, 
AND TECHNICAL ASSISTANCE. 
(a) REGIONAL EDUCATIONAL LABORATORIES.—The 
Director shall enter into contracts with entities to estab-
lish a networked system of 10 regional educational labora-
tories that serve the needs of each region of the United 
States in accordance with the provisions of this section. 
The amount of assistance allocated to each laboratory by 
the Evaluation and Regional Assistance Commissioner
shall reflect the number of local educational agencies and 
the number of school-age children within the region served 
by such laboratory, as well as the cost of providing services 
within the geographic area encompassed by the region. 
(b) REGIONS.—The regions served by the regional 
educational laboratories shall be the 10 geographic regions 
served by the regional educational laboratories established 
under section 941(h) of the Educational Research, Devel-
opment, Dissemination, and Improvement Act of 1994 (as 
such provision existed on the day before the date of enact-
ment of this Act). 
(c) ELIGIBLE APPLICANTS.—The Director may enter 
into contracts under this section with research organiza-
tions, institutions, agencies, institutions of higher edu-
cation, or partnerships among such entities, or individuals, 
with the demonstrated ability or capacity to carry out the 
activities described in this section, including regional enti-
ties that carried out activities under the Educational Re-
search, Development, Dissemination, and Improvement 
Act of 1994 (as such Act existed on the day before the 
date of enactment of this Act) and title XIII of the Ele-
mentary and Secondary Education Act of 1965 (as such 
title existed on the day before the date of enactment of 
the No Child Left Behind Act of 2001 (Public Law 107–
110)).
(d) APPLICATIONS.—
(1) SUBMISSION.—Each applicant desiring a 
contract under this section shall submit an applica-
tion at such time, in such manner, and containing 
such information as the Director may reasonably re-
quire. 
(2) PLAN.—Each application submitted under 
paragraph (1) shall contain a 5-year plan for car-
rying out the activities described in this section in 
a manner that addresses the priorities established 
under section 207 and addresses the needs of all 
States (and to the extent practicable, of local edu-
cational agencies) within the region to be served by 
the regional educational laboratory, on an ongoing 
basis. 
(e) ENTERING INTO CONTRACTS.—
(1) IN GENERAL.—In entering into contracts 
under this section, the Director shall—
(A) enter into contracts for a 5-year pe-
riod; and 
(B) ensure that regional educational lab-
oratories established under this section have 
strong and effective governance, organization, 
management, and administration, and employ 
qualified staff.
(2) COORDINATION.—In order to ensure coordi-
nation and prevent unnecessary duplication of activi-
ties among the regions, the Evaluation and Regional 
Assistance Commissioner shall—
(A) share information about the activities 
of each regional educational laboratory awarded 
a contract under this section with each other 
regional educational laboratory awarded a con-
tract under this section and with the Depart-
ment of Education, including the Director and 
the Board; 
(B) oversee a strategic plan for ensuring 
that 
each 
regional 
educational 
laboratory 
awarded a contract under this section increases 
collaboration and resource-sharing in such ac-
tivities; 
(C) ensure, where appropriate, that the ac-
tivities of each regional educational laboratory 
awarded a contract under this section also serve 
national interests; and 
(D) ensure that each regional educational 
laboratory awarded a contract under this sec-
tion coordinates such laboratory’s activities with 
the activities of each other regional technical 
assistance provider.
(3) OUTREACH.—In conducting competitions 
for contracts under this section, the Director shall—
(A) actively encourage eligible entities to 
compete for such awards by making information 
and technical assistance relating to the competi-
tion widely available; and 
(B) seek input from the chief executive of-
ficers of States, chief State school officers, edu-
cators, and parents regarding the need for ap-
plied research, wide dissemination, training, 
technical assistance, and development activities 
authorized by this title in the regions to be 
served by the regional educational laboratories 
and how those educational needs could be ad-
dressed most effectively. 
(4) OBJECTIVES AND INDICATORS.—Before en-
tering into a contract under this section, the Direc-
tor shall design specific objectives and measurable 
indicators to be used to assess the particular pro-
grams or initiatives, and ongoing progress and per-
formance, of the regional educational laboratories, in 
order to ensure that the educational needs of the re-
gion are being met and that the latest and best re-
search and proven practices are being carried out as 
part of school improvement efforts.
(5) STANDARDS.—The Evaluation and Regional 
Assistance Commissioner shall establish a system for 
technical and peer review to ensure that applied re-
search activities, research-based reports, and prod-
ucts of the regional educational laboratories are con-
sistent with the research standards described in sec-
tion 134 and the evaluation standards adhered to 
pursuant to section 173(a)(2)(A). 
(f) CENTRAL MISSION AND PRIMARY FUNCTION.—
Each regional educational laboratory awarded a contract 
under this section shall support applied research, develop-
ment, wide dissemination, and technical assistance activi-
ties by—
(1) providing training (which may include sup-
porting internships and fellowships and providing 
stipends) and technical assistance to State edu-
cational agencies, local educational agencies, school 
boards, schools funded by the Bureau as appro-
priate, and State boards of education regarding, at 
a minimum—
(A) the administration and implementation 
of programs under the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 
et seq.);
(B) scientifically valid research in edu-
cation on teaching methods, assessment tools, 
and high quality, challenging curriculum frame-
works for use by teachers and administrators 
in, at a minimum—
(i) the core academic subjects of 
mathematics, science, and reading; 
(ii) English language acquisition; 
(iii) education technology; and 
(iv) the replication and adaption of 
exemplary and promising practices and 
new educational methods, including profes-
sional development strategies and the use 
of educational technology to improve teach-
ing and learning; and 
(C) the facilitation of communication be-
tween educational experts, school officials, and 
teachers, parents, and librarians, to enable such 
individuals to assist schools to develop a plan to 
meet the State education goals; 
(2) developing and widely disseminating, includ-
ing through Internet-based means, scientifically valid 
research, information, reports, and publications that 
are usable for improving academic achievement, clos-
ing achievement gaps, and encouraging and sus-
taining school improvement, to—
(A) schools, districts, institutions of higher 
education, educators (including early childhood 
educators and librarians), parents, policy-
makers, and other constituencies, as appro-
priate, within the region in which the regional 
educational laboratory is located; and 
(B) the National Center for Education 
Evaluation and Regional Assistance; 
(3) developing a plan for identifying and serv-
ing the needs of the region by conducting a con-
tinuing survey of the educational needs, strengths, 
and weaknesses within the region, including a proc-
ess of open hearings to solicit the views of schools, 
teachers, administrators, parents, local educational 
agencies, librarians, and State educational agencies 
within the region; 
(4) in the event such quality applied research 
does not exist as determined by the regional edu-
cational laboratory or the Department, carrying out 
applied research projects that are designed to serve 
the particular educational needs (in prekindergarten 
through grade 16) of the region in which the re-
gional educational laboratory is located, that reflect
findings from scientifically valid research, and that 
result in user-friendly, replicable school-based class-
room applications geared toward promoting in-
creased student achievement, including using applied 
research to assist in solving site-specific problems 
and assisting in development activities (including 
high-quality and on-going professional development 
and effective parental involvement strategies); 
(5) supporting and serving the educational de-
velopment activities and needs of the region by pro-
viding educational applied research in usable forms 
to promote school-improvement, academic achieve-
ment, and the closing of achievement gaps and con-
tributing to the current base of education knowledge 
by addressing enduring problems in elementary and 
secondary education and access to postsecondary 
education; 
(6) collaborating and coordinating services with 
other technical assistance providers funded by the 
Department of Education; 
(7) assisting in gathering information on school 
finance systems to promote improved access to edu-
cational opportunities and to better serve all public 
school students;
(8) assisting in gathering information on alter-
native administrative structures that are more con-
ducive to planning, implementing, and sustaining 
school reform and improved academic achievement; 
(9) bringing teams of experts together to de-
velop and implement school improvement plans and 
strategies, especially in low-performing or high pov-
erty schools; and 
(10) developing innovative approaches to the 
application of technology in education that are un-
likely to originate from within the private sector, but 
which could result in the development of new forms 
of education software, education content, and tech-
nology-enabled pedagogy. 
(g) ACTIVITIES.—Each regional educational labora-
tory awarded a contract under this section shall carry out 
the following activities: 
(1) Collaborate with the National Education 
Centers in order to—
(A) maximize the use of research con-
ducted through the National Education Centers 
in the work of such laboratory; 
(B) keep the National Education Centers 
apprised of the work of the regional educational 
laboratory in the field; and
(C) inform the National Education Centers 
about additional research needs identified in the 
field. 
(2) Consult with the State educational agencies 
and local educational agencies in the region in devel-
oping the plan for serving the region. 
(3) Develop strategies to utilize schools as crit-
ical components in reforming education and revital-
izing rural communities in the United States. 
(4) Report and disseminate information on 
overcoming the obstacles faced by educators and 
schools in high poverty, urban, and rural areas. 
(5) Identify successful educational programs 
that have either been developed by such laboratory 
in carrying out such laboratory’s functions or that 
have been developed or used by others within the re-
gion served by the laboratory and make such infor-
mation available to the Secretary and the network of 
regional educational laboratories so that such pro-
grams may be considered for inclusion in the na-
tional education dissemination system. 
(h) GOVERNING BOARD AND ALLOCATION.—
(1) IN GENERAL.—In carrying out its respon-
sibilities, 
each 
regional 
educational 
laboratory 
awarded a contract under this section, in keeping
with the terms and conditions of such laboratory’s 
contract, shall—
(A) establish a governing board that—
(i) reflects a balanced representation 
of— 
(I) the States in the region; 
(II) the interests and concerns of 
regional constituencies; and 
(III) technical expertise; 
(ii) includes the chief State school of-
ficer or such officer’s designee of each 
State represented in such board’s region; 
(iii) includes—
(I) representatives nominated by 
chief executive officers of States and 
State organizations of superintend-
ents, principals, institutions of higher 
education, teachers, parents, busi-
nesses, and researchers; or 
(II) other representatives of the 
organizations described in subclause 
(I), as required by State law in effect 
on the day before the date of enact-
ment of this Act; 
(iv) is the sole entity that—
(I) guides and directs the labora-
tory in carrying out the provisions of 
this subsection and satisfying the 
terms and conditions of the contract 
award; 
(II) 
determines 
the 
regional 
agenda of the laboratory; 
(III) engages in an ongoing dia-
logue with the Evaluation and Re-
gional Assistance Commissioner con-
cerning the laboratory’s goals, activi-
ties, and priorities; and 
(IV) determines at the start of 
the contract period, subject to the re-
quirements of this section and in con-
sultation with the Evaluation and Re-
gional Assistance Commissioner, the 
mission of the regional educational 
laboratory for the duration of the con-
tract period; 
(v) ensures that the regional edu-
cational laboratory attains and maintains a 
high level of quality in the laboratory’s 
work and products;
(vi) establishes standards to ensure 
that the regional educational laboratory 
has strong and effective governance, orga-
nization, management, and administration, 
and employs qualified staff; 
(vii) directs the regional educational 
laboratory to carry out the laboratory’s du-
ties in a manner that will make progress 
toward achieving the State education goals 
and reforming schools and educational sys-
tems; and 
(viii) conducts a continuing survey of 
the educational needs, strengths, and 
weaknesses within the region, including a 
process of open hearings to solicit the 
views of schools and teachers; and 
(B) allocate the regional educational lab-
oratory’s resources to and within each State in 
a manner which reflects the need for assistance, 
taking into account such factors as the propor-
tion of economically disadvantaged students, the 
increased cost burden of service delivery in 
areas of sparse populations, and any special ini-
tiatives being undertaken by State, inter-
mediate, local educational agencies, or Bureau-
funded schools, as appropriate, which may re-
quire special assistance from the laboratory. 
(2) SPECIAL RULE.—If a regional educational 
laboratory needs flexibility in order to meet the re-
quirements of paragraph (1)(A)(i), the regional edu-
cational laboratory may select not more than 10 per-
cent of the governing board from individuals outside 
those representatives nominated in accordance with 
paragraph (1)(A)(iii). 
(i) DUTIES OF GOVERNING BOARD.—In order to im-
prove the efficiency and effectiveness of the regional edu-
cational laboratories, the governing boards of the regional 
educational laboratories shall establish and maintain a 
network to—
(1) share information about the activities each 
laboratory is carrying out; 
(2) plan joint activities that would meet the 
needs of multiple regions; 
(3) create a strategic plan for the development 
of activities undertaken by the laboratories to reduce 
redundancy and increase collaboration and resource-
sharing in such activities; and 
(4) otherwise devise means by which the work 
of the individual laboratories could serve national, as 
well as regional, needs.
(j) EVALUATIONS.—The Evaluation and Regional As-
sistance Commissioner shall provide for independent eval-
uations of each of the regional educational laboratories in 
carrying out the duties described in this section in the 
third year that such laboratory receives assistance under 
this section in accordance with the standards developed 
by the Evaluation and Regional Assistance Commissioner 
and approved by the Board and shall transmit the results 
of such evaluations to the relevant committees of Con-
gress, the Board, and the appropriate regional educational 
laboratory governing board. 
(k) RULE
OF CONSTRUCTION.—No regional edu-
cational laboratory receiving assistance under this section 
shall, by reason of the receipt of that assistance, be ineli-
gible to receive any other assistance from the Department 
of Education as authorized by law or be prohibited from 
engaging in activities involving international projects or 
endeavors. 
(l) ADVANCE PAYMENT SYSTEM.—Each regional 
educational laboratory awarded a contract under this sec-
tion shall participate in the advance payment system at 
the Department of Education. 
(m) ADDITIONAL PROJECTS.—In addition to activi-
ties authorized under this section, the Director is author-
ized to enter into contracts or agreements with a regional
educational laboratory for the purpose of carrying out ad-
ditional projects to enable such regional educational lab-
oratory to assist in efforts to achieve State education goals 
and for other purposes. 
(n) ANNUAL REPORT AND PLAN.—Not later than 
July 1 of each year, each regional educational laboratory 
awarded a contract under this section shall submit to the 
Evaluation and Regional Assistance Commissioner—
(1) a plan covering the succeeding fiscal year, 
in which such laboratory’s mission, activities, and 
scope of work are described, including a general de-
scription of the plans such laboratory expects to sub-
mit in the remaining years of such laboratory’s con-
tract; and 
(2) a report of how well such laboratory is 
meeting the needs of the region, including a sum-
mary of activities during the preceding year, a list 
of entities served, a list of products, and any other 
information that the regional educational laboratory 
may consider relevant or the Evaluation and Re-
gional Assistance Commissioner may require. 
(o) CONSTRUCTION.—Nothing in this section shall be 
construed to require any modifications in a regional edu-
cational laboratory contract in effect on the day before the 
date of enactment of this Act.
PART E—GENERAL PROVISIONS 
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS. 
The Secretary, in consultation with the Director, 
shall ensure that the Department and the Institute use 
common sources of data in standardized formats. 
SEC. 182. PROHIBITIONS. 
(a) NATIONAL DATABASE.—Nothing in this title may 
be construed to authorize the establishment of a nation-
wide database of individually identifiable information on 
individuals involved in studies or other collections of data 
under this title. 
(b) FEDERAL GOVERNMENT AND USE OF FEDERAL 
FUNDS.—Nothing in this title may be construed to au-
thorize an officer or employee of the Federal Government 
to mandate, direct, or control the curriculum, program of 
instruction, or allocation of State or local resources of a 
State, local educational agency, or school, or to mandate 
a State, or any subdivision thereof, to spend any funds 
or incur any costs not provided for under this title. 
(c) ENDORSEMENT
OF
CURRICULUM.—Notwith-
standing any other provision of Federal law, no funds pro-
vided under this title to the Institute, including any office, 
board, committee, or center of the Institute, may be used 
by the Institute to endorse, approve, or sanction any cur-
riculum designed to be used in an elementary school or 
secondary school. 
(d) FEDERALLY SPONSORED TESTING.—
(1) IN GENERAL.—Subject to paragraph (2), no 
funds provided under this title to the Secretary or 
to the recipient of any award may be used to de-
velop, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test in 
reading, mathematics, or any other subject, unless 
specifically and explicitly authorized by law. 
(2) EXCEPTIONS.—Subsection (a) shall not 
apply to international comparative assessments de-
veloped under the authority of section 153(a)(6) of 
this title or section 404(a)(6) of the National Edu-
cation Statistics Act of 1994 (20 U.S.C. 9003(a)(6)) 
(as such section was in effect on the day before the 
date of enactment of this Act) and administered to 
only a representative sample of pupils in the United 
States and in foreign nations. 
SEC. 183. CONFIDENTIALITY. 
(a) IN GENERAL.—All collection, maintenance, use, 
and wide dissemination of data by the Institute, including 
each office, board, committee, and center of the Institute, 
shall conform with the requirements of section 552a of 
title 5, United States Code, the confidentiality standards
of subsection (c) of this section, and sections 444 and 445 
of the General Education Provisions Act (20 U.S.C. 
1232g, 1232h). 
(b) STUDENT INFORMATION.—The Director shall en-
sure that all individually identifiable information about 
students, their academic achievements, their families, and 
information with respect to individual schools, shall re-
main confidential in accordance with section 552a of title 
5, United States Code, the confidentiality standards of 
subsection (c) of this section, and sections 444 and 445 
of the General Education Provisions Act (20 U.S.C. 
1232g, 1232h). 
SEC. 184. AVAILABILITY OF DATA. 
Subject to section 183, data collected by the Insti-
tute, including any office, board, committee, or center of 
the Institute, in carrying out the priorities and mission 
of the Institute, shall be made available to the public, in-
cluding through use of the Internet. 
SEC. 185. PERFORMANCE MANAGEMENT. 
The Director shall ensure that all activities conducted 
or supported by the Institute or a National Education 
Center make customer service a priority. The Director 
shall ensure a high level of customer satisfaction through 
the following methods:
(1) Establishing and improving feedback mech-
anisms in order to anticipate customer needs. 
(2) Disseminating information in a timely fash-
ion and in formats that are easily accessible and us-
able by researchers, practitioners, and the general 
public. 
(3) Utilizing the most modern technology and 
other methods available, including arrangements to 
use data collected electronically by States and local 
educational agencies, to ensure the efficient collec-
tion and timely distribution of information, including 
data and reports. 
(4) Establishing and measuring performance 
against a set of indicators for the quality of data 
collected, analyzed, and reported. 
(5) Continuously improving management strate-
gies and practices. 
(6) Making information available to the public 
in an expeditious fashion. 
SEC. 186. AUTHORITY TO PUBLISH. 
(a) PUBLICATION.—The Director may prepare and 
publish (including through oral presentation) such re-
search, statistics (consistent with part C), and evaluation 
information and reports from any office, board, com-
mittee, and center of the Institute, as needed to carry out
the priorities and mission of the Institute without the ap-
proval of the Secretary or any other office of the Depart-
ment. 
(b) ADVANCE COPIES.—The Director shall provide 
the Secretary and other relevant offices with an advance 
copy of any information to be published under this section 
before publication. 
(c) PEER REVIEW.—All research, statistics, and eval-
uation reports conducted by, or supported through, the In-
stitute shall be subjected to rigorous peer review before 
being published or otherwise made available to the public. 
(d) ITEMS NOT COVERED.—Nothing in subsections 
(a), (b), or (c) shall be construed to apply to—
(1) information on current or proposed budgets, 
appropriations, or legislation; 
(2) information prohibited from disclosure by 
law or the Constitution, classified national security 
information, or information described in section 
552(b) of title 5, United States Code; and 
(3) review by officers of the United States in 
order to prevent the unauthorized disclosure of in-
formation described in paragraph (1) or (2). 
SEC. 187. VACANCIES. 
Any member appointed to fill a vacancy on the Board 
occurring before the expiration of the term for which the
member’s predecessor was appointed shall be appointed 
only for the remainder of that term. A vacancy in an of-
fice, board, committee, or center of the Institute shall be 
filled in the manner in which the original appointment was 
made. This section does not apply to employees appointed 
under section 188. 
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES. 
(a) IN GENERAL.—The Director may appoint, for 
terms not to exceed 6 years (without regard to the provi-
sions of title 5, United States Code, governing appoint-
ment 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 classi-
fication and General Schedule pay rates) such scientific 
or technical employees to carry out the functions of the 
Institute or the office, board, committee, or center, respec-
tively, if—
(1) at least 30 days prior to the appointment 
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 com-
pete for such position; 
(2) the rate of basic pay for such employees 
does not exceed the maximum rate of basic pay pay-
able for positions at GS–15, as determined in ac-
cordance with section 5376 of title 5, United States 
Code, except that not more than 7 individuals ap-
pointed under this section may be paid at a rate 
that does not exceed the rate of basic pay for level 
III of the Executive Schedule; 
(3) the appointment of such employee is nec-
essary (as determined by the Director on the basis 
of clear and convincing evidence) to provide the In-
stitute or the office, board, committee, or center 
with scientific or technical expertise which could not 
otherwise be obtained by the Institute or the office, 
board, committee, or center through the competitive 
service; and 
(4) the total number of such employees does not 
exceed 40 individuals or 1⁄5 of the number of full-
time, regular scientific or professional employees of 
the Institute, whichever is greater. 
(b) DUTIES
OF EMPLOYEES.—All employees de-
scribed in subsection (a) shall work on activities of the 
Institute or the office, board, committee, or center, and 
shall not be reassigned to other duties outside the Insti-
tute or the office, board, committee, or center during their 
term.
SEC. 189. FELLOWSHIPS. 
In order to strengthen the national capacity to carry 
out high-quality research, evaluation, and statistics related 
to education, the Director shall establish and maintain re-
search, evaluation, and statistics fellowships in institutions 
of higher education (which may include the establishment 
of such fellowships in historically Black colleges and uni-
versities and other institutions of higher education with 
large numbers of minority students) that support graduate 
and postdoctoral study onsite at the Institute or at the 
institution of higher education. In establishing the fellow-
ships, the Director shall ensure that women and minorities 
are actively recruited for participation. 
SEC. 190. VOLUNTARY SERVICE. 
The Director may accept voluntary and uncompen-
sated services to carry out and support activities that are 
consistent with the priorities and mission of the Institute. 
SEC. 191. RULEMAKING. 
Notwithstanding section 437(d) of the General Edu-
cation Provisions Act (20 U.S.C. 1232(d)), the exemption 
for public property, loans, grants, and benefits in section 
553(a)(2) of title 5, United States Code, shall apply to 
the Institute.
SEC. 192. COPYRIGHT. 
Nothing in this Act shall be construed to affect the 
rights, remedies, limitations, or defense under title 17, 
United States Code. 
SEC. 193. REMOVAL. 
(a) PRESIDENTIAL.—The Director, the Commis-
sioner for Education Statistics, and each member of the 
Board may be removed by the President prior to the expi-
ration of the term of each such appointee. 
(b) DIRECTOR.—Each Commissioner appointed by 
the Director pursuant to section 117 may be removed by 
the Director prior to the expiration of the term of each 
such Commissioner. 
SEC. 194. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to administer and carry out this title (except sec-
tion 174) $400,000,000 for fiscal year 2003 and such 
sums as may be necessary for each of the 5 succeeding 
fiscal years, of which—
(1) not less than the amount provided to the 
National Center for Education Statistics (as such 
Center was in existence on the day before the date 
of enactment of this Act) for fiscal year 2002 shall 
be provided to the National Center for Education 
Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of 
such funds or $1,000,000 shall be made available to 
carry out section 116 (relating to the National 
Board for Education Sciences). 
(b) REGIONAL
EDUCATIONAL
LABORATORIES.—
There are authorized to be appropriated to carry out sec-
tion 174 $100,000,000 for fiscal year 2003 and such sums 
as may be necessary for each of the 5 succeeding fiscal 
years. Of the amounts appropriated under the preceding 
sentence for a fiscal year, the Director shall obligate not 
less than 25 percent to carry out such purpose with re-
spect to rural areas (including schools funded by the Bu-
reau which are located in rural areas). 
(c) AVAILABILITY.—Amounts made available under 
this section shall remain available until expended. 
TITLE II—EDUCATIONAL 
TECHNICAL ASSISTANCE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Educational Technical 
Assistance Act of 2002’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) IN GENERAL.—The terms ‘‘local educational 
agency’’ and ‘‘State educational agency’’ have the 
meanings given those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
SEC. 203. COMPREHENSIVE CENTERS. 
(a) AUTHORIZATION.—
(1) IN GENERAL.—Subject to paragraph (2), 
beginning in fiscal year 2004, the Secretary is au-
thorized to award not less than 20 grants to local 
entities, or consortia of such entities, with dem-
onstrated expertise in providing technical assistance 
and professional development in reading, mathe-
matics, science, and technology, especially to low-
performing schools and districts, to establish com-
prehensive centers. 
(2) REGIONS.—In awarding grants under para-
graph (1), the Secretary—
(A) shall ensure that not less than 1 com-
prehensive center is established in each of the 
10 geographic regions served by the regional 
educational laboratories established under sec-
tion 941(h) of the Educational Research, Devel-
opment, Dissemination, and Improvement Act 
of 1994 (as such provision existed on the day 
before the date of enactment of this Act); and
(B) after meeting the requirements of sub-
paragraph (A), shall consider, in awarding the 
remainder of the grants, the school-age popu-
lation, proportion of economically disadvantaged 
students, the increased cost burdens of service 
delivery in areas of sparse population, and the 
number of schools identified for school improve-
ment (as described in section 1116(b) of the El-
ementary and Secondary Education Act of 1965 
(20 U.S.C. 6316(b)) in the population served by 
the local entity or consortium of such entities. 
(b) ELIGIBLE APPLICANTS.—
(1) IN
GENERAL.—Grants under this section 
may be made with research organizations, institu-
tions, agencies, institutions of higher education, or 
partnerships among such entities, or individuals, 
with the demonstrated ability or capacity to carry 
out the activities described in subsection (f), includ-
ing regional entities that carried out activities under 
the Educational Research, Development, Dissemina-
tion, and Improvement Act of 1994 (as such Act ex-
isted on the day before the date of enactment of this 
Act) and title XIII of the Elementary and Secondary 
Education Act of 1965 (as such title existed on the
day before the date of enactment of the No Child 
Left Behind Act of 2001 (Public Law 107–110)). 
(2) OUTREACH.—In conducting competitions 
for grants under this section, the Secretary shall ac-
tively encourage potential applicants to compete for 
such awards by making widely available information 
and technical assistance relating to the competition. 
(3) OBJECTIVES
AND
INDICATORS.—Before 
awarding a grant under this section, the Secretary 
shall design specific objectives and measurable indi-
cators, using the results of the assessment conducted 
under section 206, to be used to assess the par-
ticular programs or initiatives, and ongoing progress 
and performance, of the regional entities, in order to 
ensure that the educational needs of the region are 
being met and that the latest and best research and 
proven practices are being carried out as part of 
school improvement efforts. 
(c) APPLICATION.—
(1) SUBMISSION.—Each local entity, or consor-
tium of such entities, seeking a grant under this sec-
tion shall submit an application at such time, in 
such manner, and containing such additional infor-
mation as the Secretary may reasonably require.
(2) PLAN.—Each application submitted under 
paragraph (1) shall contain a 5-year plan for car-
rying out the activities described in this section in 
a manner that addresses the priorities established 
under section 207 and addresses the needs of all 
States (and to the extent practicable, of local edu-
cational agencies) within the region to be served by 
the comprehensive center, on an ongoing basis. 
(d) ALLOCATION.—Each comprehensive center estab-
lished under this section shall allocate such center’s re-
sources to and within each State in a manner which re-
flects the need for assistance, taking into account such 
factors as the proportion of economically disadvantaged 
students, the increased cost burden of service delivery in 
areas of sparse populations, and any special initiatives 
being undertaken by State, intermediate, local educational 
agencies, or Bureau-funded schools, as appropriate, which 
may require special assistance from the center. 
(e) SCOPE OF WORK.—Each comprehensive center 
established under this section shall work with State edu-
cational agencies, local educational agencies, regional edu-
cational agencies, and schools in the region where such 
center is located on school improvement activities that 
take into account factors such as the proportion of eco-
nomically disadvantaged students in the region, and give 
priority to—
(1) schools in the region with high percentages 
or numbers of students from low-income families, as 
determined under section 1113(a)(5) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6313(a)(5)), including such schools in rural 
and urban areas, and schools receiving assistance 
under title I of that Act (20 U.S.C. 6301 et seq.); 
(2) local educational agencies in the region in 
which high percentages or numbers of school-age 
children are from low-income families, as determined 
under section 1124(c)(1)(A) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6333(c)(1)(A)), including such local educational 
agencies in rural and urban areas; and 
(3) schools in the region that have been identi-
fied for school improvement under section 1116(b) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(b)). 
(f) ACTIVITIES.—
(1) IN GENERAL.—A comprehensive center es-
tablished under this section shall support dissemina-
tion and technical assistance activities by—
(A) providing training, professional devel-
opment, and technical assistance regarding, at 
a minimum—
(i) the administration and implemen-
tation of programs under the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.); 
(ii) the use of scientifically valid 
teaching methods and assessment tools for 
use by teachers and administrators in, at 
a minimum—
(I) the core academic subjects of 
mathematics, science, and reading or 
language arts; 
(II) English language acquisition; 
and 
(III) education technology; and 
(iii) the facilitation of communication 
between education experts, school officials, 
teachers, parents, and librarians, as appro-
priate; and 
(B) disseminating and providing informa-
tion, reports, and publications that are usable 
for improving academic achievement, closing 
achievement gaps, and encouraging and sus-