872
support with $9,485,504 in matching funds from
State, local, and other sources.’’.
SEC. 342. NATIONAL WRITING PROJECT.
Section 202 of the Act is amended—
(1) in subsection (d)—
(A) in paragraph (3)—
(i) by striking the subparagraph des-
ignation ‘‘(A)’’; and
(ii) by striking subparagraph (B); and
(B) by striking paragraph (4);
(2) in subsection (e)—
(A) in the matter preceding subparagraph
(A) of paragraph (1), by striking ‘‘to enable’’
and inserting ‘‘to pay the Federal share of the
cost of enabling’’; and
(B) by adding at the end the following new
paragraph:
‘‘(4) FEDERAL SHARE.—For the purpose of this
subsection the term ‘Federal share’ means, with re-
spect to the costs of activities assisted under this sub-
section, 50 percent of such costs to the elementary or
secondary school teacher.’’;
(3) by amending subsection (g) to read as fol-
lows:
‘‘(g) EVALUATION.—
873
‘‘(1) IN GENERAL.—The Secretary shall conduct
an independent evaluation of the teacher training
programs assisted under this section. Such evaluation
shall specify the amount of funds expended by the Na-
tional Writing Project and each contractor receiving
assistance under this section. The results of such eval-
uation shall be made available to the appropriate
committees of the Congress.
‘‘(2) FUNDING LIMITATION.—The Secretary shall
reserve not more than $150,000 from the total amount
appropriated pursuant to the authority of subsection
(i) for fiscal year 1994 and the 4 succeeding fiscal
years to conduct the evaluation described in para-
graph (1).’’;
(4) by amending subsection (h) to read as fol-
lows:
‘‘(h) RESEARCH AND DEVELOPMENT ACTIVITIES.—
‘‘(1) GRANTS AUTHORIZED.—From amounts ap-
propriated pursuant to the authority of subsection
(i)(2), the National Writing Project shall make grants
to individuals and institutions of higher education
that either have participated in a National Writing
Project institute or are institutions designated as Na-
tional Writing Project sites, to enable such individ-
874
uals and institutions to conduct research activities in-
volving the teaching of writing.
‘‘(2) APPLICATION REVIEW.—The National Writ-
ing Project shall establish and operate a National Re-
view Board that shall consist of—
‘‘(A) leaders in the field of research in writ-
ing; and
‘‘(B) such other individuals as the National
Writing Project deems necessary.
‘‘(3) DUTIES.—The National Review Board
shall—
‘‘(A) review all applications for assistance
under this subsection; and
‘‘(B) recommended applications for assist-
ance under this subsection for funding by the
National Writing Project.
‘‘(4) JUNIOR RESEARCHER PRIORITY AND FUND-
ING
RULE.—(A) In awarding grants pursuant to
paragraph (1), the National Writing Project shall
give priority to awarding such grants to junior re-
searchers.
‘‘(B) The National Writing Project shall award
not less than 25 percent of the funds received pursu-
ant to subsection (i)(2) to junior researchers.
875
‘‘(5) AVAILABILITY OF FINDINGS.—The National
Writing Project shall make available to the Secretary
and to the network of National Writing Project sites
the findings of the research conducted pursuant to the
authority of paragraph (1).’’; and
(5) in subsection (i)—
(A) in paragraph (1)—
(i) by striking ‘‘1991’’ and inserting
‘‘1994’’; and
(ii) by striking ‘‘fiscal years 1992 and
1993’’ and inserting ‘‘each of the 4 succeed-
ing fiscal years’’; and
(B) by amending paragraph (2) to read as
follows:
‘‘(2) RESEARCH
AND
DEVELOPMENT.—In each
fiscal year in which the amount appropriated pursu-
ant to the authority of paragraph (1) equals or ex-
ceeds $10,000,000, there are authorized to be appro-
priated $500,000 to carry out the provisions of sub-
section (h).’’.
TITLE IV—NATIONAL
EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘National Education
Statistics Act of 1994’’.
876
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) FINDINGS.—The Congress finds that—
(1) a Department of Education was established
in 1867 ‘‘for the purpose of collecting such statistics
and facts as shall show the condition and progress of
education in the several States and territories, and of
diffusing such information respecting the organiza-
tion and management of schools and school systems
and methods of teaching as shall aid the people of the
United States in the establishment and maintenance
of efficient school systems, and otherwise promote the
cause of education throughout the country’’;
(2) today, while the role of the current Depart-
ment of Education is much broader, the National
Center for Education Statistics within the Depart-
ment’s Office of Educational Research and Improve-
ment continues to perform those crucial original pur-
poses; and
(3) looking to the 21st century, the National
Center for Education Statistics must be able to design
and undertake, effectively and efficiently, statistical
activities that will aid in reform of the Nation’s edu-
cational systems.
(b) PURPOSE.—It is the purpose of this title to ensure
the continuation of an effective mechanism for collecting
and reporting statistics and information showing the condi-
877
tion and progress of education in the United States and
other nations in order to promote and accelerate the im-
provement of American education.
(c) DEFINITIONS.—For the purpose of this title, the
term—
(1) ‘‘Assistant Secretary’’ means the Assistant
Secretary for Educational Research and Improve-
ment, provided for under section 202(b)(1)(E) of the
Department of Education Organization Act;
(2) ‘‘Department’’ means the Department of
Education;
(3) ‘‘institution of higher education’’ has the
same meaning given such term in section 1201 of the
Higher Education Act of 1965;
(4) ‘‘local educational agency’’ has the same
meaning given such term in section 9101(13) of the
Elementary and Secondary Education Act of 1965;
(5) ‘‘Secretary’’ means the Secretary of Edu-
cation;
(6) ‘‘State educational agency’’ has the same
meaning given such term in section 9101(20) of the
Elementary and Secondary Education Act of 1965;
and
(7) ‘‘United States’’ and ‘‘State’’ mean—
878
(A) other than for the purpose of section
411, each of the 50 States, the District of Colum-
bia, and the Commonwealth of Puerto Rico; and
(B) for the purpose of section 411, mean the
same as in subparagraph (A) and include
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
and the Republic of Palau (until the effective
date of the Compact of Free Association with the
Government of Palau).
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) ESTABLISHMENT.—There is established, within the
Office of Educational Research and Improvement estab-
lished under section 209 of the Department of Education
Organization Act, a National Center for Education Statis-
tics (the ‘‘Center’’).
(b) 
COMMISSIONER
AND
ASSOCIATE
COMMIS-
SIONERS.—(1) The Center shall be headed by a Commis-
sioner of Education Statistics (the ‘‘Commissioner’’) who
shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall—
(A) have substantial knowledge of programs en-
compassed by the Center;
(B) be paid in accordance with section 5315 of
title 5, United States Code; and
879
(C) serve for a term of 4 years, with the terms
to expire every fourth June 21, beginning in 1995.
(2) The Commissioner may appoint such Associate
Commissioners as the Commissioner determines are nec-
essary and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) DUTIES.—The duties of the Center are to collect,
analyze, and disseminate statistics and other information
related 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 disseminat-
ing full and complete statistics on the condition and
progress of education, at the preschool, elementary,
secondary, and postsecondary levels in the United
States, including data on—
(A) State and local school reform activities;
(B) student achievement and other edu-
cational outcomes at all levels of education;
(C) out of school youth and adults;
(D) teachers, administrators, counselors,
and other educational personnel at all levels of
education;
(E) the learning and teaching environment;
880
(F) financing and management of edu-
cation; and
(G) the socioeconomic status of children;
(2) conducting and publishing reports and anal-
yses of the meaning and significance of such statis-
tics;
(3) conducting longitudinal studies, as well as
regular and special surveys and data collections, nec-
essary to report on the condition and progress of edu-
cation;
(4) collecting, analyzing, cross-tabulating, and
reporting, to the extent feasible, so as to provide infor-
mation by gender, race, socioeconomic status, limited-
English proficiency, and other population characteris-
tics when such disaggregated information would fa-
cilitate educational and policy decisionmaking;
(5) assisting public and private educational
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection ac-
tivities; and
(6) acquiring and disseminating data on edu-
cational activities and student achievement in the
United States compared with foreign nations.
(b) TRAINING PROGRAM.—The Commissioner may es-
tablish a program to train employees of public and private
881
educational agencies, organizations, and institutions in the
use of the Center’s standard statistical procedures and con-
cepts and may establish a fellows program to appoint such
employees as temporary fellows at the Center in order to
assist the Center in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) IN GENERAL.—In carrying out the duties under
this title, the Commissioner may enter into grants, con-
tracts, and cooperative agreements.
(b) GATHERING INFORMATION.—(1) The Commis-
sioner may use the statistical method known as sampling
to carry out the purpose of this title.
(2) The Commissioner may, as the Commissioner con-
siders appropriate, use information collected—
(A) from States, local educational agencies, pub-
lic and private schools, preschools, institutions of
higher education, libraries, administrators, teachers,
students, the general public, and such other individ-
uals, organizations, agencies, and institutions as the
Commissioner may consider appropriate; and
(B) by other offices within the Department and
by other Federal departments, agencies, and instru-
mentalities.
(3) The Commissioner may—
882
(A) enter into interagency agreements for the col-
lection of statistics;
(B) arrange with an agency, organization, or in-
stitution for the collection of statistics; and
(C) assign employees of the Center to any such
agency, organization, or institution to assist in such
collection.
(4) In order to maximize the effectiveness of Federal
efforts to serve the educational needs of children and youth,
the Commissioner shall—
(A) provide technical assistance to Department
offices that gather data for statistical purposes; and
(B) coordinate closely with other Department of-
fices in the collection of data.
SEC. 406. REPORTS.
(a) REPORT ON THE CONDITION AND PROGRESS OF
EDUCATION.—The Commissioner shall, no later than June
1 of each year, submit to the President and the Congress
a statistical report regarding the condition and progress of
education in the United States.
(b) STATISTICAL REPORTS.—The Commissioner shall
issue regular statistical reports to the President and Con-
gress on such education topics as the Commissioner deter-
mines to be appropriate.
883
(c) SPECIAL
REPORTS.—The Commissioner may,
whenever the Commissioner considers it appropriate, issue
special reports on particular education topics.
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) ESTABLISHMENT.—There is established, within the
Center, the Advisory Council on Education Statistics (re-
ferred to in this title as the ‘‘Council’’).
(b) MEMBERSHIP.—(1) The Council shall be composed
of—
(A) 18 voting members who are users of edu-
cation data and who are appointed by the Secretary
on the basis of their experience and eminence within
the field, of whom at least—
(i) 3 shall be practicing educators at the
preschool, elementary, or secondary level;
(ii) 3 shall be education policymakers;
(iii) 3 shall be professional statisticians;
(iv) 3 shall be education researchers; and
(v) 3 shall be experts in educational meas-
urement;
(B) 3 individuals representing the general pub-
lic, appointed by the Secretary;
(C) the Director of the Census and the Commis-
sioner of Labor Statistics, as voting, ex officio mem-
bers; and
884
(D) the Assistant Secretary and the Commis-
sioner, as nonvoting, ex officio members.
(2) The Commissioner shall appoint the presiding offi-
cer of the Council from among the voting members.
(3) Members of the Council appointed under para-
graph (1)(A) shall be appointed for 3-year terms except
that, in the case of initial appointments, the Secretary shall
make appointments for shorter terms to the extent necessary
to avoid the expiration of the terms of more than 6 members
in the same calendar year.
(4)(A) The Council shall meet in public session at the
call of the presiding officer, except that it shall meet—
(i) at least 2 times during each calendar year;
and
(ii) in addition, whenever 10 voting members re-
quest in writing that the presiding officer call a meet-
ing.
(B) 11 voting members of the Council shall constitute
a quorum.
(5) The Council shall—
(A) review general policies for the operation of
the Center and shall advise the Commissioner on
standards to ensure that statistics and other informa-
tion disseminated by the Center are of high quality
and are not subject to partisan political influence;
885
(B) advise the Commissioner on matters related
to the National Assessment of Education Progress, in-
cluding—
(i) the development of student performance
goals;
(ii) assessment design and development;
(iii) analysis, reporting, and dissemination
of data;
(iv) interstate, regional, and national com-
parisons of data; and
(v) recommendations for the improvement of
such Assessment.
(6) The Council shall appoint a staff to enable the
Council to carry out its duties.
SEC. 408. CONFIDENTIALITY.
(a) GENERAL.—(1)(A) The Center shall develop and
enforce standards designed to protect the confidentiality of
persons in the collection, reporting, and publication of data
under this section.
(B) This section shall not be construed to protect the
confidentiality of information about institutions, organiza-
tions, and agencies that receive grants from, or have con-
tracts or cooperative agreements with, the Federal Govern-
ment.
(2) No person may—
886
(A) use any individually identifiable informa-
tion furnished under this title for any purpose other
than a statistical purpose;
(B) make any publication whereby the data fur-
nished by any particular person under this title can
be identified; or
(C) permit anyone other than the individuals
authorized by the Commissioner to examine the indi-
vidual reports.
(b) ADMINISTRATION.—(1)(A) No department, bureau,
agency, officer, or employee of the Government, except the
Commissioner in carrying out the purposes of this title,
shall require, for any reason, copies of reports that have
been filed under this title with the Center or retained by
any individual respondent.
(B) Copies of such reports that have been so filed or
retained with the Center or any of its employees, contrac-
tors, or agents shall be immune from legal process, and shall
not, without the consent of the individual concerned, be ad-
mitted as evidence or used for any purpose in any action,
suit, or other judicial or administrative proceeding.
(C) This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Whoever, being or having been an employee or staff
member of the Department, having taken or subscribed the
887
oath of office, or having sworn to observe the limitations
imposed by subsection (a)(2), knowingly publishes or com-
municates any individually identifiable information (as de-
fined in paragraph (5)(A)), the disclosure of which is pro-
hibited by subsection (a)(2), and that comes into such indi-
vidual’s possession by reason of employment (or otherwise
providing services) under this title, shall be found guilty
of a class E felony and imprisoned for not more than 5
years, or fined as specified in 18 U.S.C. 3571, or both.
(3) The Commissioner may utilize temporary staff, in-
cluding employees of Federal, State, or local agencies or in-
strumentalities including local educational agencies, and
employees of private organizations to assist the Center in
performing its responsibilities, but only if such temporary
staff are sworn to observe the limitations imposed by this
section.
(4) No collection of information or data acquisition
activity undertaken by the Center shall be subject to any
review, coordination, or approval procedure except as re-
quired by the Director of the Office of Management and
Budget under the rules and regulations established pursu-
ant to chapter 35 of title 44, United States Code, except
such collection of information or data acquisition activity
may be subject to review or coordination if the Commis-
888
sioner determines that such review or coordination would
be beneficial.
(5) For the purposes of this section—
(A) the term ‘‘individually identifiable informa-
tion’’ means any record, response form, completed
survey, or aggregation thereof from which information
about individuals may be revealed; and
(B) the term ‘‘report’’ means a response provided
by or about an individual to an inquiry from the
Center and does not include a statistical aggregation
from which individually identifiable information can-
not be revealed.
(6) This paragraph shall not apply to—
(A) the survey required by section 1303(c) of the
Higher Education Amendments of 1986; or
(B) to any longitudinal study concerning access,
choice, persistence progress, or attainment in post-
secondary education.
(7) Any person who uses any data provided by the
Center, in conjunction with any other information or tech-
nique, to identify any individual student, teacher, adminis-
trator, or other individual and who knowingly discloses,
publishes, or uses for a purpose other than a statistical pur-
pose, or who otherwise violates subsection (a)(2)(A) or (B),
shall be found guilty of a class E felony and imprisoned
889
for not more than 5 years, or fined as specified in section
3571 of title 18 of the United States Code, or both.
(8) Nothing in this section shall restrict the right of
the Secretary, the Comptroller General of the United States,
the Director of the Congressional Budget Office, and the Li-
brarian of Congress to gain access to any reports or other
records, including information identifying individuals, in
the Center’s possession, except that the same restrictions on
disclosure that apply to the Center under subsection (b)(1)
and (7) shall apply.
SEC. 409. DISSEMINATION.
(a) GENERAL REQUESTS.—(1) The Center may fur-
nish transcripts or copies of tables and other statistical
records and make special statistical compilations and sur-
veys for State and local officials, public and private organi-
zations, and individuals.
(2) The Center shall provide State and local edu-
cational agencies opportunities to suggest the development
of particular compilations of statistics, surveys, and analy-
ses that would assist such educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Center shall
furnish such special statistical compilations and surveys as
the Congress may request.
(c) JOINT STATISTICAL PROJECTS.—The Secretary
may engage in joint statistical projects related to the pur-
890
poses of this Act or other statistical purposes authorized 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) Statistical compilations and surveys
under this section, other than those carried out pursuant
to subsections (b) and (c), may be made subject to the pay-
ment of the actual or estimated cost of such work.
(2) All funds received in payment for work or services
described in this paragraph shall be deposited in a separate
account that 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) The Center shall cooperate with other
Federal agencies having a need for educational data in pro-
viding access to educational data received by the Center.
(2) The Center shall, in accordance with such terms
and conditions as the Secretary may prescribe, provide all
interested parties, including public and private agencies
and individuals, direct access to data collected by the Center
for the purposes of research and acquiring statistical infor-
mation.
891
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Commissioner shall establish 1 or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information and data on
elementary and secondary education, postsecondary edu-
cation, and libraries that are useful for policymaking at
the Federal, State, and local levels. In carrying out this
section, the Commissioner may provide technical assistance
and make grants and enter into contracts and cooperative
agreements.
SEC. 
411. 
NATIONAL 
ASSESSMENT 
OF 
EDUCATIONAL
PROGRESS.
(a) ESTABLISHMENT.—The Commissioner shall, with
the advice of the Council established by section 407, carry
out, through grants, contracts, or cooperative agreements
with 1 or more qualified organizations, or consortia thereof,
a National Assessment of Educational Progress (the ‘‘Na-
tional Assessment’’).
(b) PURPOSE; CONTENTS.—(1) The purpose of the Na-
tional Assessment is to provide a fair and accurate presen-
tation of educational achievement in reading, writing, and
other subjects that are included in National Education Goal
Three.
(2) The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce
892
data that are representative on a national and regional
basis and on a State basis pursuant to paragraph (3). In
addition, the Commissioner shall—
(A) collect and report data on a periodic basis,
but at least once every 2 years, on students at ages
9, 13, and 17 and in grades 4, 8, and 12 in public
and private schools;
(B) report achievement data on a basis that en-
sures valid and reliable trend reporting;
(C) include information on special groups; and
(D) ensure that achievement data are made
available on a timely basis following official report-
ing, in a manner that facilitates further analysis.
(3)(A)(i) The Commissioner, in carrying out the Na-
tional Assessment, may conduct State assessments of stu-
dent achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area
and at each grade level shall be conducted on a trial basis.
(B)(i) States wishing to participate in State assess-
ments shall enter into an agreement with the Secretary pur-
suant to subsection (d)(2).
(ii) Such agreement shall contain information suffi-
cient to give States full information about the process for
consensus decisionmaking on objectives to be tested, and of
893
the standards for sampling, test administration, test secu-
rity, data collection, validation, and reporting.
(C) A participating State shall review and give per-
mission for the release of results from any test of its students
administered as a part of a State assessment prior to the
release of such data. Refusal by a State to release its data
shall not restrict the release of data from other States that
have approved the release of such data.
(4) In carrying out the National Assessment, the Com-
missioner shall not collect any data that are not directly
related to the appraisal of educational performance,
achievement, and traditional demographic reporting vari-
ables, or to the fair and accurate presentation of such infor-
mation.
(5) In carrying out the National Assessment, the Com-
missioner may provide technical assistance to States, local-
ities, and other parties.
(c) ACCESS.—(1) Except as provided in paragraph
(2), the public shall have access to all data, questions, and
test instruments of the National Assessment.
(2)(A) The Commissioner shall ensure that all person-
ally identifiable information about students, their edu-
cational performance, and their families, and that informa-
tion with respect to individual schools, remains confiden-
894
tial, in accordance with section 552a of title 5, United
States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public
for a period, not to exceed 10 years after initial use, cog-
nitive questions that the Commissioner intends to reuse in
the future.
(C)(i) The Commissioner may, upon the request of a
State educational agency or a local educational agency, in
a limited number of cases and on a trial basis, make Na-
tional Assessment test instruments available for assessing
aggregate student achievement at the local educational
agency level.
(ii)(I) Participation by a local educational agency
shall be voluntary.
(II) A State requesting the participation of a local
educational agency must accompany this request with a
statement of full written concurrence by such agency and
that such agency is requesting to participate in the local
assessment.
(iii) Before receiving such instruments, an agency
shall provide the Commissioner with assurances that con-
fidentiality and security requirements and testing protocols,
prescribed by the Commissioner, will be complied with in
the use of such instruments.
895
(d) PARTICIPATION.—(1) Participation in the na-
tional and regional assessments by State and local edu-
cational agencies shall be voluntary.
(2) Participation in assessments made on a State basis
shall be voluntary. The Commissioner shall enter into an
agreement with any State that desires to carry out an as-
sessment for the State under this subsection. Each such
agreement shall contain provisions designed to ensure that
the State will—
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Fed-
eral share of participation.
(3)(A) For each fiscal year, the non-Federal share for
the purpose of paragraph (2)(B) shall be—
(i) the cost of conducting the assessment at the
school level for all public schools in the State sample,
including the analysis and reporting of the data;
(ii) the cost of coordination within the State;
and
(iii) other reasonable costs specified by the Sec-
retary in the agreement described in paragraph (2).
(B) The non-Federal share of payments under this
paragraph may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall
describe the manner in which, the costs of administering
896
the assessment to private nonprofit schools included in the
State sample may be met.
(4) The implementation of subparagraph (C) of para-
graph (2) of subsection (d) shall involve no cost to the Fed-
eral Government.
(e) STUDENT PERFORMANCE GOALS.—(1) The Com-
missioner shall establish appropriate student performance
goals for each age and grade in each subject area to be tested
under the National Assessment.
(2) The Commissioner, with the advice of the Council,
shall establish rigorous standards for the evaluation of such
goals.
(3) Such goals shall be—
(A) devised through a national consensus ap-
proach, providing for active participation of teachers,
curriculum specialists, local school administrators,
parents, and concerned members of the general public;
(B) used on a trial basis until the Commissioner
determines, through an evaluation under subsection
(f), that such goals meet the standards under para-
graph (2) and are reasonable, valid, and informative
to the public; and
(C) updated as appropriate.
(f) REVIEW
OF
NATIONAL
AND
STATE
ASSESS-
MENTS.—(1) The Commissioner shall provide for continu-