H. R. 3801—2
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.
TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE
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’’, ‘‘sec-
ondary school’’, ‘‘local educational agency’’, and ‘‘State edu-
cational agency’’ have the meanings given those terms in section
9101 of the Elementary 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 advancement
of practice in the field of education.
(3) BASIC
RESEARCH.—The term ‘‘basic research’’ means
research—
H. R. 3801—3
(A) to gain fundamental knowledge or understanding
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 National 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 Assistance 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 understanding 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 methods
of instruction and practices in teaching, that lead to the
improvement of the academic skills of students, and that are
replicable in different educational settings.
(9) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Institute of Education Sciences.
(10) DISSEMINATION.—The term ‘‘dissemination’’ means the
communication and transfer of the results of scientifically valid
research, statistics, and evaluations, in forms that are under-
standable, easily accessible, and usable, or adaptable for use
in, the improvement of educational practice by teachers,
administrators, librarians, other practitioners, researchers, par-
ents, policymakers, and the public, through technical assist-
ance, publications, electronic transfer, and other means.
(11) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early child-
hood educator’’ means a person providing, or employed by a
provider of, nonresidential child care services (including center-
based, family-based, and in-home child care services) that is
legally 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 inves-
tigators (including teachers and other practitioners) and that
conforms to standards of scientifically valid research.
(13) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—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)).
H. R. 3801—4
(16) NATIONAL RESEARCH AND DEVELOPMENT CENTER.—The
term ‘‘national research and development center’’ means a
research and development center supported under section
133(c).
(17) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term
‘‘provider of early childhood services’’ means a public or private
entity that serves young children, including—
(A) child care providers;
(B) Head Start agencies operating Head Start pro-
grams, and entities carrying out Early Head Start pro-
grams, 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 research standards’’ means research
standards that—
(i) apply rigorous, systematic, and objective method-
ology to obtain reliable and valid knowledge relevant to
education activities and programs; and
(ii) present findings and make claims that are appro-
priate to and supported by the methods that have been
employed.
(B) The term includes, appropriate to the research being
conducted—
(i) employing systematic, empirical methods that draw
on observation or experiment;
(ii) involving data analyses that are adequate to sup-
port the general findings;
(iii) relying on measurements or observational methods
that provide reliable data;
(iv) making claims of causal relationships only in
random assignment experiments or other designs (to the
extent such designs substantially eliminate plausible com-
peting explanations 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 systemati-
cally on the findings of the research;
(vi) obtaining acceptance by a peer-reviewed journal
or approval by a panel of independent 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 EVALUATION.—The
term ‘‘scientifically valid education evaluation’’ means an
evaluation that—
(A) adheres to the highest possible standards 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 rela-
tionship between program implementation and program
impacts;
(C) provides an analysis of the results achieved by
the program with respect to its projected effects;
H. R. 3801—5
(D) employs experimental designs using random
assignment, when feasible, and other research methodolo-
gies that allow for the strongest possible causal inferences
when random assignment is not feasible; and
(E) may study program implementation through a com-
bination of scientifically valid and reliable methods.
(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientif-
ically valid research’’ includes applied research, basic research,
and field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with sci-
entifically based research standards.
(21) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Education.
(22) STATE.—The term ‘‘State’’ includes (except 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 assist-
ance’’ means—
(A) assistance in identifying, selecting, or designing
solutions based on research, including professional develop-
ment and high-quality training 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 encourage the
improvement of teaching and learning through the applica-
tions of techniques supported by scientifically valid
research.
PART A—THE INSTITUTE OF EDUCATION SCIENCES
SEC. 111. ESTABLISHMENT.
(a) ESTABLISHMENT.—There shall be in the Department the
Institute of Education Sciences, to be administered 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 fundamental knowledge and
understanding of education from early childhood through post-
secondary study, in order to provide parents, educators, stu-
dents, researchers, policymakers, and the general public with
reliable information about—
(A) the condition and progress of education 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 students; and
(C) the effectiveness of Federal and other education
programs.
H. R. 3801—6
(2) CARRYING OUT MISSION.—In carrying out the mission
described in paragraph (1), the Institute shall compile statistics,
develop products, and conduct research, evaluations, and wide
dissemination activities in areas of demonstrated national need
(including in technology areas) that are supported by Federal
funds appropriated to the Institute and ensure 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, cul-
tural, gender, or regional 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 include—
(A) the National Center for Education Research (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 described in part D).
SEC. 112. FUNCTIONS.
From funds appropriated under section 194, the Institute,
directly or through grants, contracts, or cooperative agreements,
shall—
(1) conduct and support scientifically valid research activi-
ties, including basic research and applied research, statistics
activities, scientifically valid education evaluation, develop-
ment, and wide dissemination;
(2) widely disseminate the findings and results of scientif-
ically valid research in education;
(3) promote the use, development, and application of knowl-
edge gained from scientifically valid research activities;
(4) strengthen the national capacity to conduct, develop,
and widely disseminate scientifically valid research in edu-
cation;
(5) promote the coordination, development, and dissemina-
tion of scientifically valid research in education within the
Department and the Federal Government; and
(6) promote the use and application of research and
development to improve practice in the classroom.
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 Assessment
of Educational Progress Authorization Act (except section
302(e)(1)(J) of such Act) shall be construed to alter or diminish
the role, responsibilities, or authority of the National Assess-
ment Governing Board with respect to the National Assessment
of Educational Progress (including with respect to the meth-
odologies of the National Assessment of Educational Progress
H. R. 3801—7
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 Governing Board
shall continue to be appointed by the Secretary;
(3) section 302(f)(1) of the National Assessment of Edu-
cational Progress Authorization Act shall apply to the National
Assessment Governing Board in the exercise of its responsibil-
ities 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 activities, if those activities
are consistent with—
(1) the Institute’s priorities, as approved by the National
Board for Education Sciences under section 116, and the
Institute’s mission, as described in section 111(b); or
(2) the Institute’s mission, but only if those activities do
not divert the Institute from its priorities.
SEC. 114. OFFICE OF THE DIRECTOR.
(a) APPOINTMENT.—Except as provided in subsection (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 appointment 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 rec-
ommendations to the President with respect to the appointment
of a Director under subsection (a), other than a Director
appointed under paragraph (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 evaluation 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 activities carried
out under the Institute, including the activities of the National
Education Centers; and
(2) coordinate and approve budgets and operating plans
for each of the National Education Centers for submission
to the Secretary.
(f) DUTIES.—The duties of the Director shall include the fol-
lowing:
(1) To propose to the Board priorities for the Institute,
in accordance with section 115(a).
H. R. 3801—8
(2) To ensure the methodology applied in conducting
research, development, evaluation, and statistical analysis is
consistent with the standards for such activities under this
title.
(3) To coordinate education research and related 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, evaluation, and
statistics activities relevant to the activities of the Department.
(5) To establish necessary procedures for technical 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 accord-
ance with section 183 of this title, section 552a of title 5,
United States Code, and sections 444 and 445 of the General
Education Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities 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.
(8) To undertake initiatives and programs to increase the
participation of researchers and institutions that have been
historically underutilized in Federal education research activi-
ties 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 development activities and
technical assistance activities between the Institute and com-
prehensive centers.
(10) To solicit and consider the recommendations of edu-
cation stakeholders, in order to ensure that there is broad
and regular public and professional input from the educational
field in the planning and carrying out of the Institute’s activi-
ties.
(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 Institute.
(g) EXPERT GUIDANCE
AND ASSISTANCE.—The Director may
establish technical and scientific peer-review groups and scientific
program advisory committees for research 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 committee
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 qualified and capable to appraise
education research and development 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 offi-
cers of the Department, and shall, when directed by the Secretary,
H. R. 3801—9
review the products and publications of other offices of the Depart-
ment 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 prior-
ities for the Institute (taking into consideration long-term research
and development on core issues conducted through the national
research and development centers). The Director shall identify
topics that may require long-term research and topics that are
focused on understanding and solving particular education problems
and issues, including those associated with the goals and require-
ments established in the Elementary and Secondary 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 dis-
advantaged children and such children’s more advantaged
peers; and
(2) ensuring—
(A) that all children have the ability to obtain a high-
quality education (from early childhood through postsec-
ondary 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, postsecondary edu-
cation; and
(C) the efficacy, impact on academic achievement, and
cost-effectiveness of technology use within the Nation’s
schools.
(b) APPROVAL.—The Board shall approve or disapprove the
priorities for the Institute proposed by the Director, including any
necessary revision of those priorities. The Board shall transmit
any priorities so approved to the appropriate congressional commit-
tees.
(c) CONSISTENCY.—The Board shall ensure that priorities of
the Institute and the National Education Centers 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 Director shall make such prior-
ities available to the public for comment for not less than
60 days (including 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 sub-
mitted.
(2) PLAN.—Upon approval of such priorities, the Director
shall make the Institute’s plan for addressing 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 direc-
tors, which shall be known as the National Board for Education
Sciences.
(b) DUTIES.—The duties of the Board shall be the following:
H. R. 3801—10
(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 technical 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, including the general areas
of research to be carried out by the National Center for Edu-
cation Research.
(5) To present to the Director such recommendations as
it may find appropriate for—
(A) the strengthening of education research; 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 research, develop-
ment, evaluation, and statistical analysis are consistent with
the standards for such activities under this title.
(8) To advise the Director on ensuring that activities con-
ducted 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 topics that require long-term,
sustained, systematic, programmatic, and integrated research
efforts, including knowledge utilization and wide dissemination
of research, consistent with the priorities and mission of the
Institute.
(10) To advise the Director on opportunities for the partici-
pation in, and the advancement of, women, minorities, and
persons with disabilities in education research, statistics, and
evaluation activities of the Institute.
(11) To recommend to the Director ways to enhance stra-
tegic 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 Education 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 Education Sciences.
(B) Each of the Commissioners of the National Edu-
cation Centers.
(C) The Director of the National Institute of Child
Health and Human Development.
(D) The Director of the Census.
H. R. 3801—11
(E) The Commissioner of Labor Statistics.
(F) The Director of the National Science Foundation.
(4) APPOINTED MEMBERSHIP.—
(A) QUALIFICATIONS.—Members appointed under para-
graph (1) shall be highly qualified to appraise education
research, statistics, evaluations, or development, and shall
include 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
researchers 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 professional educators, parents
(including parents with experience in promoting
parental involvement in education), Chief State School
Officers, State postsecondary education executives,
presidents of institutions of higher education, local edu-
cational agency superintendents, early childhood
experts, principals, members of State or local boards
of education or Bureau-funded school boards, and
individuals from business and industry with experience
in promoting private sector involvement in education.
(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 staggered terms of—
(I) 4 years for each of 5 members;
(II) 3 years for each of 5 members; and
(III) 2 years for each of 5 members; and
(ii) no member appointed under such paragraph
shall serve for more than 2 consecutive terms.
(C) UNEXPIRED TERMS.—Any member appointed 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 special 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, allowances, 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 subsist-
ence, in accordance with subchapter 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.
H. R. 3801—12
(B) ADDITIONAL STAFF.—The Board shall utilize such
additional staff as may be appointed or assigned by the
Director, in consultation with the Chair and the Executive
Director.
(C) DETAIL OF PERSONNEL.—The Board may use the
services and facilities of any department 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 other-
wise permitted by law, obtain directly from any executive
department or agency 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 additional 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 members of the
Board serving at the time of the meeting shall constitute a
quorum.
(d) STANDING COMMITTEES.—
(1) ESTABLISHMENT.—The Board may establish standing
committees—
(A) that will each serve 1 of the National Education
Centers; and
(B) to advise, consult with, and make recommendations
to the Director and the Commissioner 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 functioning of the committee. In
addition, the membership of each standing committee may
include, as appropriate—
(A) experts and scientists in research, statistics,
evaluation, or development who are recognized in their
discipline as highly qualified to represent such discipline
and who are not members of the Board, but who may
have been recommended 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 knowl-
edge of, and experience using, the results 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
H. R. 3801—13
cooperative agreement entered 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 Edu-
cation Center;
(C) review and comment on the relevant plan for activi-
ties to be undertaken by the applicable National Education
Center for each fiscal year; and
(D) report periodically to the Board regarding 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 congressional committees, not
later than July 1 of each year, a report that assesses the effective-
ness 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, col-
lecting and reporting accurate education statistics, and translating
research into practice.
(f) RECOMMENDATIONS.—The Board shall submit to the
Director, the Secretary, and the appropriate congressional commit-
tees a report that includes any recommendations 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 subsection (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 con-
sider individuals recommended by the Board. The Director may
appoint a Commissioner to carry out the functions of a National
Education Center without regard to the provisions of title 5,
United States Code, governing 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 provided in sub-
section (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 education 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 Commis-
sioner’s term, until a successor has been appointed, for
a period not to exceed 1 additional year.
H. R. 3801—14
(b) APPOINTMENT OF COMMISSIONER FOR EDUCATION STATIS-
TICS.—The National Center for Education Statistics shall be headed
by a Commissioner for Education 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 assisted by
the National Center for Education Statistics;
(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 National Edu-
cation Center shall coordinate with each of the other Commissioners
of the National Education Centers in carrying out such Commis-
sioner’s duties under this title.
(d) SUPERVISION AND APPROVAL.—Each Commissioner, 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 common
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 Presi-
dent, the Board, and the appropriate congressional 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 cooperative
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 scientif-
ically valid research and the priorities and mission of the
Institute.
(4) Such additional comments, recommendations, and mate-
rials as the Director considers appropriate.
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.
H. R. 3801—15
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 achievement, 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 learning of reading, writing, mathematics,
science, and other academic subjects; and
(D) improve access to, and opportunity for, postsec-
ondary education;
(2) to support the synthesis and, as appropriate, 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 findings that
can provide the basis for improving academic instruction and
lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.
The Research Center shall be headed by a Commissioner for
Education Research (in this part referred to as the ‘‘Research
Commissioner’’) who shall have substantial knowledge of the activi-
ties of the Research Center, including 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 stand-
ards for the conduct and evaluation of all research and develop-
ment carried out under the auspices 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 described in paragraph (3); and
(B) shall be carried out pursuant to paragraph (4)
and, as appropriate, be updated and modified;
(3) carry out specific, long-term research activities that
are consistent with the priorities and mission of the Institute,
and are approved by the Director;
(4) implement the plan proposed under paragraph (2) to
carry out scientifically valid research that—
H. R. 3801—16
(A) uses objective and measurable indicators, 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 described in section 134; and
(C) includes both basic research and applied research,
which shall include research conducted through field-initi-
ated research and ongoing research initiatives;
(5) promote the use of scientifically valid research within
the Federal Government, including active participation in inter-
agency research projects described in section 118;
(6) ensure that research conducted under the direction
of the Research Center is relevant to education practice and
policy;
(7) synthesize and disseminate, through the National
Center for Education Evaluation and Regional Assistance, the
findings and results of education research conducted or sup-
ported by the Research Center;
(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 edu-
cation reform activities, including those that result in increased
academic achievement and in closing the achievement gap,
as approved by the Director;
(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 research that is designed to
determine which approaches to the use of technology are
most effective and cost-efficient in practice and under what
conditions; and
(D) field-based research on how teachers implement
technology and Internet-based resources in the classroom,
including an understanding 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 methods of mathematics
and science teaching are most effective, cost efficient, and able
to be applied, duplicated, and scaled up for use in elementary
and secondary classrooms, including in low-performing schools,
to improve the teaching of, and student achievement in, mathe-
matics and science as required under the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(b) ELIGIBILITY.—Research carried out under subsection (a)
through contracts, grants, or cooperative agreements shall be car-
ried out only by recipients with the ability and capacity to conduct
scientifically valid research.
(c) NATIONAL RESEARCH AND DEVELOPMENT CENTERS.—
(1) SUPPORT.—In carrying out activities under subsection
(a)(3), the Research Commissioner shall support not less than
8 national research and development centers. The Research
H. R. 3801—17
Commissioner shall assign each of the 8 national research
and development centers not less than 1 of the topics described
in paragraph (2). In addition, the Research Commissioner may
assign each of the 8 national research and development centers
additional topics of research consistent with the mission and
priorities of the Institute and the mission of the Research
Center.
(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 
accountability
research.
(C) Early childhood development and education.
(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 research and
development centers shall address areas of national need,
including in educational technology areas. The Research
Commissioner may support additional national research and
development centers to address topics of research not described
in paragraph (2) if such topics are consistent with the priorities
and mission of the Institute and the mission of the Research
Center. The research carried out by the centers shall incor-
porate 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 develop-
ment center shall be for a period of not more than 5 years,
shall be of sufficient size and scope to be effective, and notwith-
standing section 134(b), may be renewed without competition
for not more than 5 additional years if the Director, in consulta-
tion with the Research Commissioner and the Board, deter-
mines that the research of the national research and develop-
ment center—
(A) continues to address priorities of the Institute;
and
(B) merits renewal (applying the procedures and stand-
ards established in section 134).
(5) LIMIT.—No national research and development center
may be supported under this subsection for a period of more
than 10 years without submitting 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 accordance with the terms of those awards and
may renew them in accordance with paragraphs (4) and (5).
(7) DISAGGREGATION.—To the extent feasible, research con-
ducted under this subsection shall be disaggregated by age,
race, gender, and socioeconomic background.
H. R. 3801—18
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.
(a) IN GENERAL.—In carrying out this part, the Research
Commissioner shall—
(1) ensure that all research conducted under the direction
of the Research Center follows scientifically 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 activities 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 National Institutes
of Health, the National Science Foundation, and other Federal
departments or agencies engaged in research and development,
and actively solicit recommendations from research organiza-
tions and members of the general public in the development
of the standards described in paragraph (2); and
(4) ensure that all research complies with Federal guide-
lines relating to research misconduct.
(b) PEER REVIEW.—
(1) IN GENERAL.—The Director shall establish a peer review
system, involving highly qualified individuals with an in-depth
knowledge of the subject to be investigated, for reviewing and
evaluating all applications for grants and cooperative agree-
ments that exceed $100,000, and for evaluating and assessing
the products of research by all recipients of grants and coopera-
tive agreements under this Act.
(2) EVALUATION.—The Research Commissioner shall—
(A) develop the procedures to be used in evaluating
applications for research grants, cooperative agreements,
and contracts, and specify the criteria and factors
(including, as applicable, 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 recipient of an
award of a research grant, contract, or cooperative agree-
ment at the conclusion of the award.
(c) LONG-TERM RESEARCH.—The Research Commissioner 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 statis-
tics in a manner that meets the highest methodological stand-
ards;
H. R. 3801—19
(2) to report education information and statistics in a timely
manner; and
(3) to collect, analyze, and report education information
and statistics in a manner that—
(A) is objective, secular, neutral, and nonideological
and is free of partisan political influence and racial, cul-
tural, 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 Commissioner 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 related to edu-
cation in the United States and in other nations, including—
(1) collecting, acquiring, compiling (where appropriate, on
a State-by-State basis), and disseminating 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, postsec-
ondary, and adult levels in the United States, including data
on—
(A) State and local education reform activities;
(B) State and local early childhood school readiness
activities;
(C) student achievement in, at a minimum, the core
academic areas of reading, mathematics, and science at
all levels of education;
(D) secondary school completions, dropouts, and adult
literacy and reading skills;
(E) access to, and opportunity for, postsecondary edu-
cation, including data on financial aid to postsecondary
students;
(F) teaching, including—
(i) data on in-service professional development,
including a comparison of courses taken in the core
academic areas of reading, mathematics, and science
with courses in noncore academic areas, including tech-
nology courses; and
(ii) the percentage of teachers who are highly quali-
fied (as such term is defined in section 9101 of the
Elementary and Secondary 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 education work-
place, and the supply of, and demand 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—
H. R. 3801—20
(i) the relationship between victims and perpetra-
tors;
(ii) demographic characteristics of the victims and
perpetrators; and
(iii) the type of weapons used in incidents, as
classified in the Uniform Crime Reports of the Federal
Bureau of Investigation;
(I) the financing and management of education,
including data on revenues and expenditures;
(J) the social and economic status of children, including
their academic achievement;
(K) the existence and use of educational technology
and access to the Internet by students and teachers in
elementary schools and secondary schools;
(L) access to, and opportunity for, early childhood edu-
cation;
(M) the availability of, and access to, before-school
and after-school programs (including such programs during
school recesses);
(N) student participation in and completion of sec-
ondary and postsecondary vocational and technical edu-
cation programs by specific program area; and
(O) the existence and use of school libraries;
(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 gender, race, ethnicity,
socioeconomic status, limited English proficiency, mobility, dis-
ability, urban, rural, suburban districts, and other population
characteristics, when such disaggregated information will facili-
tate educational and policy decisionmaking;
(4) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities, which may include
assisting State educational agencies and local educational agen-
cies with the disaggregation of data and with the development
of longitudinal student data systems;
(5) determining voluntary standards and guidelines to
assist State educational agencies in developing statewide
longitudinal data systems that link individual student data
consistent with the requirements of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote
linkages across States, and protect student privacy consistent
with section 183, to improve student academic achievement
and close achievement gaps;
(6) acquiring and disseminating data on educational activi-
ties 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 nec-
essary 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 National Research
Council of the National Academies, methodology by which
States may accurately measure graduation rates (defined as
the percentage of students who graduate from secondary school
H. R. 3801—21
with a regular diploma in the standard number of years),
school completion rates, and dropout rates.
(b) TRAINING PROGRAM.—The Statistics Commissioner may
establish a program to train employees of public and private edu-
cational agencies, organizations, and institutions in the use of
standard statistical procedures and concepts, and may establish
a fellowship program to appoint such employees as temporary fel-
lows at the Statistics Center, in order to assist the Statistics Center
in carrying 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 provide technical assistance.
(b) GATHERING INFORMATION.—
(1) SAMPLING.—The Statistics Commissioner may use the
statistical method known as sampling (including random sam-
pling) 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, institutions of higher education,
vocational 
and 
adult 
education 
programs, 
libraries,
administrators, teachers, students, the general public, and
other individuals, organizations, agencies, and institutions
(including information collected by States and local edu-
cational 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 institu-
tion for the collection of statistics; and
(C) assign employees of the Statistics Center to any
such agency, organization, or institution to assist in such
collection.
(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order
to maximize the effectiveness of Department efforts to serve
the educational needs of children and youth, the Statistics
Commissioner shall—
(A) provide technical assistance to the Department
offices that gather data for statistical purposes; and
(B) coordinate with other Department offices in the
collection of data.
(c) DURATION.—Notwithstanding any other provision of law,
the grants, contracts, and cooperative agreements under this section
may be awarded, on a competitive basis, for a period of not more
than 5 years, and may be renewed at the discretion of the Statistics
Commissioner 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 accordance with sec-
tion 186, to ensure that the reports issued under this section
are relevant, of high quality, useful to customers, subject to rigorous
H. R. 3801—22
peer review, produced in a timely fashion, and free from any par-
tisan political influence.
(b) REPORT
ON CONDITION
AND PROGRESS
OF EDUCATION.—
Not later than June 1, 2003, and each June 1 thereafter, the
Statistics Commissioner, shall submit to the President and the
appropriate congressional committees a statistical report on the
condition and progress of education in the United States.
(c) STATISTICAL REPORTS.—The Statistics Commissioner shall
issue regular and, as necessary, special statistical reports on edu-
cation topics, particularly in the core academic areas of reading,
mathematics, and science, consistent with the priorities and the
mission of the Statistics Center.
SEC. 156. DISSEMINATION.
(a) GENERAL REQUESTS.—
(1) IN GENERAL.—The Statistics Center may furnish tran-
scripts or copies of tables and other statistical records and
make special statistical compilations and surveys for State
and local officials, public and private organizations, and individ-
uals.
(2) COMPILATIONS.—The Statistics Center shall provide
State educational agencies, local educational agencies, and
institutions of higher education with opportunities to suggest
the establishment of particular compilations of statistics, sur-
veys, and analyses that will assist those educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Statistics Center shall fur-
nish such special statistical compilations and surveys as the rel-
evant 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 authorized by law, with non-
profit 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 estimated cost of such work.
(2) FUNDS RECEIVED.—All funds received in payment for
work or services described in this subsection may be used
to pay directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs,
or to refund excess sums when necessary.
(e) ACCESS.—
(1) OTHER
AGENCIES.—The Statistics Center shall, con-
sistent with section 183, cooperate with other Federal agencies
having a need for educational data in providing access to edu-
cational data received by the Statistics Center.
(2) INTERESTED PARTIES.—The Statistics Center shall, in
accordance with such terms and conditions as the Center may
prescribe, provide all interested parties, including public and
private agencies, parents, and other individuals, direct access,
in the most appropriate form (including, where possible, elec-
tronically), to data collected by the Statistics Center for the
purposes of research and acquiring statistical information.
H. R. 3801—23
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may establish 1 or more national coopera-
tive education statistics systems for the purpose of producing and
maintaining, with the cooperation of the States, comparable and
uniform information and data on early childhood education,
elementary and secondary education, postsecondary education,
adult education, 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 EDUCATION
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 academic areas of reading, mathematics, and science);
(3) to support synthesis and wide dissemination of results
of evaluation, research, and products developed; 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 pro-
vide technical assistance.
SEC. 
172. 
COMMISSIONER 
FOR 
EDUCATION 
EVALUATION 
AND
REGIONAL ASSISTANCE.
(a) IN GENERAL.—The National Center for Education Evalua-
tion and Regional Assistance shall be headed by a Commissioner
for Education Evaluation and Regional Assistance (in this part
referred to as the ‘‘Evaluation and Regional Assistance Commis-
sioner’’) who is highly 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 scientifically 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-per-
forming students and low-performing students;
H. R. 3801—24
(C) educational practices that improve academic
achievement and promote learning;
(D) education technology, including software; and
(E) those topics covered by the Educational Resources
Information Center Clearinghouses (established under sec-
tion 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);
(3) make such information accessible in a user-friendly,
timely, and efficient manner (including through use of a search-
able Internet-based online database that shall include all topics
covered in paragraph (2)(E)) to schools, institutions of higher
education, educators (including early childhood educators), par-
ents, administrators, policymakers, researchers, public and pri-
vate entities (including providers of early childhood services),
entities responsible for carrying out technical assistance
through the Department, and the general public;
(4) support the regional educational laboratories in con-
ducting applied research, the development and dissemination
of educational research, products and processes, the provision
of technical assistance, and other activities to serve the edu-
cational needs of such laboratories’ regions;
(5) manage the National Library of Education described
in subsection (d), and other sources of digital 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 subsection (a), the
Evaluation and Regional Assistance Commissioner shall—
(1) ensure that information disseminated under this section
is provided in a cost-effective, nonduplicative manner that
includes the most current research findings, which may include
through the continuation of individual clearinghouses author-
ized under the Educational Research, Development, Dissemina-
tion, 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, edu-
cators, parents, administrators, policymakers, researchers,
public and private entities, and entities responsible for carrying
out technical assistance.
(c) CONTINUATION.—The Director shall continue awards for the
support of the Educational Resources Information Center Clearing-
houses and contracts for regional educational laboratories (estab-
lished under subsections (f) and (h) of section 941 of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (20 U.S.C. 6041(f) and (h)) (as such awards were in effect
H. R. 3801—25
on the day before the date of enactment of this Act)) for the
duration of those awards, in accordance with the terms and agree-
ments of such awards.
(d) NATIONAL LIBRARY OF EDUCATION.—
(1) ESTABLISHMENT.—There is established within the
National Center for Education Evaluation and Regional Assist-
ance a National Library of Education 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 education;
(D) provide comprehensive reference services on mat-
ters related to education to employees of the Department
of Education and its contractors and grantees, other Fed-
eral employees, and members of the public; and
(E) promote greater cooperation and resource sharing
among providers and repositories 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-related
research, statistics, and evaluation materials and other
information, projects, and publications 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 (including entities supported under
the Educational Technical Assistance Act of 2002 and
the 
Educational 
Resources 
Information 
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 missions, the
National Center for Education Evaluation and Regional Assist-
ance may—
(A) conduct or support evaluations consistent 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 evaluations con-
ducted or supported by others in order to determine the
quality and relevance of the evidence of effectiveness gen-
erated by those evaluations, with the approval of the
Director;
H. R. 3801—26
(D) coordinate the activities of the National Center
for Education Evaluation and Regional Assistance with
other evaluation activities in the Department;
(E) review and, where feasible, supplement Federal
education program evaluations, particularly those by the
Department, to determine or enhance the quality and rel-
evance of the evidence 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 evaluation con-
ducted by the National Center for Education Evaluation and
Regional Assistance pursuant to paragraph (1) shall—
(A) adhere to the highest possible standards 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
EDUCATION
ACT
OF
1965.—The
Evaluation and Regional Assistance 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 authorized by part
E of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491 et seq.) and administered 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 establish a networked system
of 10 regional educational laboratories 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, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the day
before the date of enactment of this Act).
(c) ELIGIBLE APPLICANTS.—The Director may enter into con-
tracts under this section with research organizations, institutions,
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 this section,
including regional entities that carried out activities under the
Educational Research, Development, Dissemination, and Improve-
ment Act of 1994 (as such Act existed 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)).
H. R. 3801—27
(d) APPLICATIONS.—
(1) SUBMISSION.—Each applicant desiring a contract under
this section shall submit an application at such time, in such
manner, and containing such information as the Director may
reasonably require.
(2) PLAN.—Each application submitted under paragraph
(1) shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the prior-
ities established under section 207 and addresses the needs
of all States (and to the extent practicable, of local educational
agencies) within the region to be served by the regional edu-
cational laboratory, on an ongoing basis.
(e) ENTERING INTO CONTRACTS.—
(1) IN GENERAL.—In entering into contracts under this sec-
tion, the Director shall—
(A) enter into contracts for a 5-year period; and
(B) ensure that regional educational laboratories estab-
lished under this section have strong and effective govern-
ance, organization, management, and administration, and
employ qualified staff.
(2) COORDINATION.—In order to ensure coordination and
prevent unnecessary duplication of activities 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 contract 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 activities;
(C) ensure, where appropriate, that the activities 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 section 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 assist-
ance relating to the competition widely available; and
(B) seek input from the chief executive officers of
States, chief State school officers, educators, and parents
regarding the need for applied research, wide dissemina-
tion, training, technical assistance, and development activi-
ties authorized by this title in the regions to be served
by the regional educational laboratories and how those
educational needs could be addressed most effectively.
(4) OBJECTIVES AND INDICATORS.—Before entering into a
contract under this section, the Director shall design specific
objectives and measurable indicators to be used to assess the
particular programs or initiatives, and ongoing progress and
performance, of the regional educational laboratories, in order
to ensure that the educational needs of the region are being
H. R. 3801—46
‘‘(4) There shall be in the Department a Director of the Institute
of Education Sciences who shall be appointed in accordance with
section 114(a) of the Education Sciences Reform Act of 2002 and
perform the duties described in that Act.’’;
(2) by striking section 208 and inserting the following:
‘‘INSTITUTE OF EDUCATION SCIENCES
‘‘SEC. 208. There shall be in the Department of Education
the Institute of Education Sciences, which shall be administered
in accordance with the Education Sciences Reform Act of 2002
by the Director appointed under section 114(a) of that Act.’’; and
(3) by striking the item relating to section 208 in the
table of contents in section 1 and inserting the following:
‘‘Sec. 208. Institute of Education Sciences.’’.
SEC. 403. REPEALS.
The following provisions of law are repealed:
(1) The National Education Statistics Act of 1994 (20 U.S.C.
9001 et seq.).
(2) Parts A through E and K through N of the Educational
Research, Development, Dissemination, and Improvement Act
of 1994 (title IX of the Goals 2000: Educate America Act)
(20 U.S.C. 6001 et seq.).
(3) Section 401(b)(2) of the Department of Education
Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.
(a) GOALS 2000: EDUCATE AMERICA ACT.—The table of contents
in section 1(b) of the Goals 2000: Educate America Act (20 U.S.C.
5801 note) is amended by striking the items relating to parts
A through E of title IX (including the items relating to sections
within those parts).
(b) TITLE 5, UNITED STATES CODE.—Section 5315 of title 5,
United States Code, is amended by striking the following:
‘‘Commissioner, National Center for Education Statistics.’’.
(c) GENERAL EDUCATION PROVISIONS ACT.—Section 447(b) of
the General Education Provisions Act (20 U.S.C. 1232j(b)) is
amended by striking ‘‘section 404(a)(6) of the National Education
Statistics Act of 1994 (20 U.S.C. 9003(a)(6))’’ and inserting ‘‘section
153(a)(6) of the Education Sciences Reform Act of 2002’’.
(d) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
The Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended as follows:
(1) Section 1111(c)(2) is amended by striking ‘‘section
411(b)(2) of the National Education Statistics Act of 1994’’
and inserting ‘‘section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act’’.
(2) Section 1112(b)(1)(F) is amended by striking ‘‘section
411(b)(2) of the National Education Statistics Act of 1994’’
and inserting ‘‘section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act’’.
(3) Section 1117(a)(3) is amended—
(A) by inserting ‘‘(as such section existed on the day
before the date of enactment of the Education Sciences
Reform Act of 2002)’’ after ‘‘Act of 1994’’; and
(B) by inserting ‘‘regional educational laboratories
established under part E of the Education Sciences Reform
H. R. 3801—47
Act of 2002 and comprehensive centers established under
the Educational Technical Assistance Act of 2002 and’’
after ‘‘assistance from’’.
(4) Section 1501(a)(3) is amended by striking ‘‘section 411
of the National Education Statistics Act of 1994’’ and inserting
‘‘section 303 of the National Assessment of Educational Progress
Authorization Act’’.
(5) The following provisions are each amended by striking
‘‘Office of Educational Research and Improvement’’ and
inserting ‘‘Institute of Education Sciences’’:
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
(D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C.
7283d(d)).
(E) Paragraphs (1) and (2) of section 7131(c) (20 U.S.C.
7451(c)).
(6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C.
7253c(e)) are each amended by striking ‘‘such Office’’ and
inserting ‘‘such Institute’’.
(7) Section 5613 (20 U.S.C. 7283b) is amended—
(A) in subsection (a)(5), by striking ‘‘Assistant Secretary
of the Office of Educational Research and Improvement’’
and inserting ‘‘Director of the Institute of Education
Sciences’’; and
(B) in subsection (b)(2)(B), by striking ‘‘research
institutes of the Office of Educational Research and
Improvement’’ and inserting ‘‘National Education Centers
of the Institute of Education Sciences’’.
(8) 
Sections 
5615(d)(1) 
and 
7131(c)(1) 
(20 
U.S.C.
7283d(d)(1), 7451(c)(1)) are each amended by striking ‘‘by the
Office’’ and inserting ‘‘by the Institute’’.
(9) Section 9529(b) is amended by striking ‘‘section 404(a)(6)
of the National Education Statistics Act of 1994’’ and inserting
‘‘section 153(a)(5) of the Education Sciences Reform Act of
2002’’.
(e) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Section 404
of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194)
is amended by inserting ‘‘(as such Act existed on the day before
the date of enactment of the Education Sciences Reform Act of
2002)’’ after ‘‘Act of 1994’’.
SEC. 405. ORDERLY TRANSITION.
The Secretary of Education shall take such steps as are nec-
essary to provide for the orderly transition to, and implementation
of, the offices, boards, committees, and centers (and their various
functions and responsibilities) established or authorized by this
Act, and by the amendments made by this Act, from those estab-
lished or authorized by the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et
seq.) and the National Education Statistics Act of 1994 (20 U.S.C.
9001 et seq.).
SEC. 406. IMPACT AID.
(a) PAYMENTS FOR FEDERALLY CONNECTED CHILDREN.—Section
8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is amended to read
as follows:
H. R. 3801—48
‘‘(bb) for a local educational agency that has
a total student enrollment of less than 350 stu-
dents, has a per-pupil expenditure that is less
than the average per-pupil expenditure of a com-
parable local education agency or three comparable
local educational agencies in the State in which
the local educational agency is located; and’’.
(b) EFFECTIVE DATE.—The amendment made by section 406(a)
shall be effective on September 30, 2001, and shall apply with
respect to fiscal year 2001, and all subsequent fiscal years.
(c) BONESTEEL-FAIRFAX SCHOOL DISTRICT.—The Secretary of
Education shall deem the local educational agency serving the
Bonesteel-Fairfax school district, 26-5, in Bonesteel, South Dakota,
as eligible in fiscal year 2003 for a basic support payment for
heavily impacted local educational agencies under section 8003(b)(2)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)).
(d) CENTRAL SCHOOL DISTRICT.—Notwithstanding any other
provision of law, the Secretary of Education shall treat as timely
filed an application filed by Central School District, Sequoyah
County, Oklahoma, for payment for federally connected students
for fiscal year 2003, pursuant to section 8003 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703), and shall
process such application for payment, if the Secretary has received
such application not later than 30 days after the date of enactment
of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.