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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 es-
tablished under this subsection.
(h) REVIEW.—The Director may, when requested by
other officers of the Department, and shall, when directed
by the Secretary, review the products and publications of
other offices of the Department to certify that evidence-based
claims about those products and publications are scientif-
ically valid.
SEC. 115. PRIORITIES.
(a) PROPOSAL.—The Director shall propose to the
Board priorities for the Institute (taking into consideration
long-term research and development on core issues con-
ducted through the national research and development cen-
ters). The Director shall identify topics that may require
long-term research and topics that are focused on under-
standing and solving particular education problems and
issues, including those associated with the goals and re-
quirements 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
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achievement gaps between minority and nonminority
children and between disadvantaged children and
such children’s more advantaged peers; and
(2) ensuring—
(A) that all children have the ability to ob-
tain a high-quality education (from early child-
hood through postsecondary education) and
reach, at a minimum, proficiency on challenging
State academic achievement standards and State
academic assessments, particularly in mathe-
matics, science, and reading or language arts;
(B) access to, and opportunities for, postsec-
ondary education; 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 dis-
approve the priorities for the Institute proposed by the Di-
rector, including any necessary revision of those priorities.
The Board shall transmit any priorities so approved to the
appropriate congressional committees.
(c) CONSISTENCY.—The Board shall ensure that prior-
ities of the Institute and the National Education Centers
are consistent with the mission of the Institute.
(d) PUBLIC AVAILABILITY AND COMMENT.—
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(1) PRIORITIES.—Before submitting to the Board
proposed priorities for the Institute, the Director shall
make such priorities available to the public for com-
ment for not less than 60 days (including by means
of the Internet and through publishing such priorities
in the Federal Register). The Director shall provide to
the Board a copy of each such comment submitted.
(2) PLAN.—Upon approval of such priorities, the
Director shall make the Institute’s plan for 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 directors, which shall be known as the National
Board for Education Sciences.
(b) DUTIES.—The duties of the Board shall be the fol-
lowing:
(1) To advise and consult with the Director on
the policies of the Institute.
(2) To consider and approve priorities proposed
by the Director under section 115 to guide the work
of the Institute.
(3) To review and approve procedures for tech-
nical and scientific peer review of the activities of the
Institute.
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(4) To advise the Director on the establishment
of activities to be supported by the Institute, includ-
ing the general areas of research to be carried out by
the National Center for Education Research.
(5) To present to the Director such recommenda-
tions 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 ap-
plications for grants, contracts, and cooperative
agreements for research, after the completion of peer
review.
(7) To review and regularly evaluate the work of
the Institute, to ensure that scientifically valid re-
search, development, evaluation, and statistical anal-
ysis are consistent with the standards for such activi-
ties under this title.
(8) To advise the Director on ensuring that ac-
tivities conducted or supported by the Institute are
objective, secular, neutral, and nonideological and are
free of partisan political influence and racial, cul-
tural, gender, or regional bias.
(9) To solicit advice and information from those
in the educational field, particularly practitioners
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and researchers, to recommend to the Director topics
that require long-term, sustained, systematic, pro-
grammatic, and integrated research efforts, including
knowledge utilization and wide dissemination of re-
search, consistent with the priorities and mission of
the Institute.
(10) To advise the Director on opportunities for
the participation in, and the advancement of, women,
minorities, and persons with disabilities in education
research, statistics, and evaluation activities of the
Institute.
(11) To recommend to the Director ways to en-
hance strategic partnerships and collaborative efforts
among other Federal and State research agencies.
(12) To recommend to the Director individuals
to serve as Commissioners of the National 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.
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(3) NONVOTING
EX
OFFICIO
MEMBERS.—The
Board shall have the following nonvoting ex officio
members:
(A) The Director of the Institute of Edu-
cation Sciences.
(B) Each of the Commissioners of the Na-
tional Education Centers.
(C) The Director of the National Institute of
Child Health and Human Development.
(D) The Director of the Census.
(E) The Commissioner of Labor Statistics.
(F) The Director of the National Science
Foundation.
(4) APPOINTED MEMBERSHIP.—
(A) QUALIFICATIONS.—Members appointed
under paragraph (1) shall be highly qualified to
appraise education research, statistics, evalua-
tions, or development, and shall include the fol-
lowing 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.
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(II) 3 years for each of 5 mem-
bers; and
(III) 2 years for each of 5 mem-
bers; and
(ii) no member appointed under such
paragraph shall serve for more than 2 con-
secutive terms.
(C) UNEXPIRED TERMS.—Any member ap-
pointed to fill a vacancy occurring before the ex-
piration of the term for which the member’s
predecessor was appointed shall be appointed
only for the remainder of that term.
(D) CONFLICT
OF
INTEREST.—A voting
member of the Board shall be considered a spe-
cial Government employee for the purposes of the
Ethics in Government Act of 1978.
(5) CHAIR.—The Board shall elect a chair from
among the members of the Board.
(6) COMPENSATION.—Members of the Board shall
serve without pay for such service. Members of the
Board who are officers or employees of the United
States may not receive additional pay, 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
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diem in lieu of subsistence, in accordance with sub-
chapter I of chapter 57 of title 5, United States Code.
(8) POWERS OF THE BOARD.—
(A) EXECUTIVE
DIRECTOR.—The Board
shall have an Executive Director who shall be
appointed by the Board.
(B) ADDITIONAL STAFF.—The Board shall
utilize such additional staff as may be 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 depart-
ment or agency of the Federal Government.
Upon the request of the Board, the head of any
Federal department or agency may detail any of
the personnel of that department or agency to the
Board to assist the Board in carrying out this
Act.
(D) CONTRACTS.—The Board may enter
into contracts or make other arrangements as
may be necessary to carry out its functions.
(E) INFORMATION.—The Board may, to the
extent otherwise permitted by law, obtain di-
rectly from any executive department or agency
of the Federal Government such information as
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the Board determines necessary to carry out its
functions.
(9) MEETINGS.—The Board shall meet not less
than 3 times each year. The Board shall hold addi-
tional meetings at the call of the Chair or upon the
written request of not less than 6 voting members of
the Board. Meetings of the Board shall be open to the
public.
(10) QUORUM.—A majority of the voting mem-
bers of the Board serving at the time of the meeting
shall constitute a quorum.
(d) STANDING COMMITTEES.—
(1) ESTABLISHMENT.—The Board may establish
standing committees—
(A) that will each serve 1 of the National
Education Centers; and
(B) to advise, consult with, and make rec-
ommendations to the Director and the Commis-
sioner of the appropriate National Education
Center.
(2) MEMBERSHIP.—A majority of the members
of each standing committee shall be voting members
of the Board whose expertise is needed for the func-
tioning of the committee. In addition, the membership
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of 
each 
standing 
committee 
may 
include, 
as
appropriate—
(A) experts and scientists in research, sta-
tistics, evaluation, or development who are recog-
nized in their discipline as highly qualified to
represent such discipline and who are not mem-
bers of the Board, but who may have been rec-
ommended by the Commissioner of the appro-
priate National Education Center and approved
by the Board;
(B) ex officio members of the Board; and
(C) policymakers and expert practitioners
with knowledge of, and experience using, the re-
sults of research, evaluation, and statistics who
are not members of the Board, but who may have
been recommended by the Commissioner of the
appropriate National Education Center and ap-
proved by the Board.
(3) DUTIES.—Each standing committee shall—
(A) review and comment, at the discretion
of the Board or the standing committee, on any
grant, contract, or cooperative agreement entered
into (or proposed to be entered into) by the ap-
plicable National Education Center;
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(B) prepare for, and submit to, the Board
an annual evaluation of the operations of the ap-
plicable National Education Center;
(C) review and comment on the relevant
plan for activities to be undertaken by the appli-
cable National Education Center for each fiscal
year; and
(D) report periodically to the Board regard-
ing the activities of the committee and the appli-
cable 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 effectiveness of the Institute in carrying
out its priorities and mission, especially as such priorities
and mission relate to carrying out scientifically valid re-
search, conducting unbiased evaluations, collecting and re-
porting accurate education statistics, and translating re-
search into practice.
(f) RECOMMENDATIONS.—The Board shall submit to
the Director, the Secretary, and the appropriate congres-
sional committees a report that includes any recommenda-
tions regarding any actions that may be taken to enhance
the ability of the Institute to carry out its priorities and
mission. The Board shall submit an interim report not later
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than 3 years after the date of enactment of this Act and
a final report not later than 5 years after such date of en-
actment.
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION
CENTERS.
(a) APPOINTMENT OF COMMISSIONERS.—
(1) IN GENERAL.—Except as provided in sub-
section (b), each of the National Education Centers
shall be headed by a Commissioner appointed by the
Director. In appointing Commissioners, the Director
shall seek to promote continuity in leadership of the
National Education Centers and shall consider indi-
viduals recommended by the Board. The Director may
appoint a Commissioner to carry out the 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 pro-
visions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General
Schedule pay rates.
(2) PAY AND QUALIFICATIONS.—Except as pro-
vided in subsection (b), each Commissioner shall—
(A) receive the rate of basic pay for level IV
of the Executive Schedule; and
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(B) be highly qualified in the field of edu-
cation research or evaluation.
(3) SERVICE.—Except as provided in subsection
(b), each Commissioner shall report to the Director. A
Commissioner shall serve for a period of not more
than 6 years, except that a Commissioner—
(A) may be reappointed by the Director;
and
(B) may serve after the expiration of that
Commissioner’s term, until a successor has been
appointed, for a period not to exceed 1 addi-
tional year.
(b) APPOINTMENT OF COMMISSIONER FOR EDUCATION
STATISTICS.—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 as-
sisted by the National Center for Education Statis-
tics;
(2) receive the rate of basic pay for level IV of
the Executive Schedule; and
(3) serve for a term of 6 years, with the term to
expire every sixth June 21, beginning in 2003.
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(c) COORDINATION.—Each Commissioner of a Na-
tional Education Center shall coordinate with each of the
other Commissioners of the National Education Centers in
carrying out such Commissioner’s duties under this title.
(d) SUPERVISION
AND APPROVAL.—Each Commis-
sioner, except the Commissioner for Education Statistics,
shall carry out such Commissioner’s duties under this title
under the supervision and subject to the approval of the
Director.
SEC. 118. AGREEMENTS.
The Institute may carry out research projects of com-
mon interest with entities such as the National Science
Foundation and the National Institute of Child Health and
Human Development through agreements with such entities
that are in accordance with section 430 of the General Edu-
cation Provisions Act (20 U.S.C. 1231).
SEC. 119. BIENNIAL REPORT.
The Director shall, on a biennial basis, transmit to
the President, the Board, and the appropriate congressional
committees, and make widely available to the public (in-
cluding 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.
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(2) A summary of each grant, contract, and co-
operative agreement in excess of $100,000 funded
through the National Education Centers during the
prior fiscal years, including, at a minimum, the
amount, duration, recipient, purpose of the award,
and the relationship, if any, to the priorities and
mission of the Institute, which shall be available in
a user-friendly electronic database.
(3) A description of how the activities of the Na-
tional Education Centers are consistent with the
principles of scientifically valid research and the pri-
orities and mission of the Institute.
(4) Such additional comments, recommenda-
tions, and materials as the Director considers appro-
priate.
SEC. 120. COMPETITIVE AWARDS.
Activities carried out under this Act through grants,
contracts, or cooperative agreements, at a minimum, shall
be awarded on a competitive basis and, when practicable,
through a process of peer review.
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PART B—NATIONAL CENTER FOR
EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the In-
stitute 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 tech-
nology;
(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,
postsecondary education;
(2) to support the synthesis and, as appropriate,
the integration of education research;
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(3) to promote quality and integrity through the
use of accepted practices of scientific inquiry to ob-
tain knowledge and understanding of the validity of
education theories, practices, or conditions; and
(4) to promote scientifically valid research find-
ings that can provide the basis for improving aca-
demic instruction and lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.
The Research Center shall be headed by a Commis-
sioner for Education Research (in this part referred to as
the ‘‘Research Commissioner’’) who shall have substantial
knowledge of the activities of the Research Center, 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 standards for the conduct and evaluation of all
research and development carried out under the aus-
pices of the Research Center in accordance with this
part;
(2) propose to the Director a research plan
that—
(A) is consistent with the priorities and
mission of the Institute and the mission of the
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Research Center and includes the activities de-
scribed in paragraph (3); and
(B) shall be carried out pursuant to para-
graph (4) and, as appropriate, be updated and
modified;
(3) carry out specific, long-term research activi-
ties that are consistent with the priorities and mis-
sion of the Institute, and are approved by the Direc-
tor;
(4) implement the plan proposed under para-
graph (2) to carry out scientifically valid research
that—
(A) uses objective and measurable indica-
tors, including timelines, that are used to assess
the progress and results of such research;
(B) meets the procedures for peer review es-
tablished by the Director under section 114(f)(5)
and the standards of research described in sec-
tion 134; and
(C) includes both basic research and applied
research, which shall include research conducted
through field-initiated research and ongoing re-
search initiatives;
(5) promote the use of scientifically valid re-
search within the Federal Government, including ac-
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tive participation in interagency research projects de-
scribed in section 118;
(6) ensure that research conducted under the di-
rection of the Research Center is relevant to education
practice and policy;
(7) synthesize and disseminate, through the Na-
tional Center for Education Evaluation and Regional
Assistance, the findings and results of education re-
search conducted or supported by the Research Center;
(8) assist the Director in the preparation of a bi-
ennial report, as described in section 119;
(9) carry out research on successful State and
local education reform activities, including those that
result in increased academic achievement and in clos-
ing 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 stu-
dent achievement;
(B) long-term research into cognition and
learning issues as they relate to the uses of tech-
nology;
(C) 
rigorous, 
peer-reviewed, 
large-scale,
long-term, and broadly applicable empirical re-
search that is designed to determine which ap-
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proaches to the use of technology are most effec-
tive and cost-efficient in practice and under
what conditions; and
(D) field-based research on how teachers im-
plement 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-re-
viewed, 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 class-
rooms, including in low-performing schools, to im-
prove the teaching of, and student achievement in,
mathematics and science as required under the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
(b) ELIGIBILITY.—Research carried out under sub-
section (a) through contracts, grants, or cooperative agree-
ments shall be carried out only by recipients with the abil-
ity and capacity to conduct scientifically valid research.
(c) NATIONAL RESEARCH AND DEVELOPMENT CEN-
TERS.—
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(1) SUPPORT.—In carrying out activities under
subsection (a)(3), the Research Commissioner shall
support not less than 8 national research and devel-
opment centers. The Research Commissioner shall as-
sign each of the 8 national research and development
centers not less than 1 of the topics described in para-
graph (2). In addition, the Research Commissioner
may assign each of the 8 national research and devel-
opment 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 Com-
missioner shall support the following topics of re-
search, through national research and development
centers or through other means:
(A) Adult literacy.
(B) Assessment, standards, and account-
ability research.
(C) Early childhood development and edu-
cation.
(D) English language learners research.
(E) Improving low achieving schools.
(F) Innovation in education reform.
(G) State and local policy.
(H) Postsecondary education and training.
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(I) Rural education.
(J) Teacher quality.
(K) Reading and literacy.
(3) DUTIES OF CENTERS.—The national research
and development centers shall address areas of na-
tional need, including in educational technology
areas. The Research Commissioner may support addi-
tional 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 cen-
ters shall incorporate the potential or existing role of
educational technology, where appropriate, in achiev-
ing the goals of each center.
(4) SCOPE.—Support for a national research
and development center shall be for a period of not
more than 5 years, shall be of sufficient size and scope
to be effective, and notwithstanding section 134(b),
may be renewed without competition for not more
than 5 additional years if the Director, in consulta-
tion with the Research Commissioner and the Board,
determines that the research of the national research
and development center—
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(A) continues to address priorities of the In-
stitute; and
(B) merits renewal (applying the procedures
and standards established in section 134).
(5) LIMIT.—No national research and develop-
ment center may be supported under this subsection
for a period of more than 10 years without submit-
ting to a competitive process for the award of the sup-
port.
(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, re-
search conducted under this subsection shall be
disaggregated by age, race, gender, and socioeconomic
background.
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF
RESEARCH.
(a) IN GENERAL.—In carrying out this part, the Re-
search Commissioner shall—
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(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 nec-
essary to govern the conduct and evaluation of all re-
search, development, and wide dissemination activi-
ties carried out by the Research Center to assure that
such activities meet the highest standards of profes-
sional excellence;
(3) review the procedures utilized by the Na-
tional Institutes of Health, the National Science
Foundation, and other Federal departments or agen-
cies engaged in research and development, and ac-
tively solicit recommendations from research organi-
zations and members of the general public in the de-
velopment of the standards described in paragraph
(2); and
(4) ensure that all research complies with Fed-
eral guidelines relating to research misconduct.
(b) PEER REVIEW.—
(1) IN GENERAL.—The Director shall establish a
peer review system, involving highly qualified indi-
viduals with an in-depth knowledge of the subject to
be investigated, for reviewing and evaluating all ap-
plications for grants and cooperative agreements that
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exceed $100,000, and for evaluating and assessing the
products of research by all recipients of grants and
cooperative agreements under this Act.
(2) EVALUATION.—The Research Commissioner
shall—
(A) develop the procedures to be used in
evaluating applications for research grants, co-
operative agreements, and contracts, and 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 evalua-
tions; and
(B) evaluate the performance of each recipi-
ent of an award of a research grant, contract, or
cooperative agreement at the conclusion of the
award.
(c) LONG-TERM RESEARCH.—The Research Commis-
sioner 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 Insti-
tute and the mission of the Research Center.
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PART C—NATIONAL CENTER FOR
EDUCATION STATISTICS
SEC. 151. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the In-
stitute a National Center for Education Statistics (in this
part referred to as the ‘‘Statistics Center’’).
(b) MISSION.—The mission of the Statistics Center
shall be—
(1) to collect and analyze education information
and statistics in a manner that meets the highest
methodological standards;
(2) to report education information and statis-
tics in a timely manner; and
(3) to collect, analyze, and report education in-
formation and statistics in a manner that—
(A) is objective, secular, neutral, and non-
ideological and is free of partisan political influ-
ence and racial, cultural, gender, or regional
bias; and
(B) is relevant and useful to practitioners,
researchers, policymakers, and the public.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commis-
sioner for Education Statistics (in this part referred to as
the ‘‘Statistics Commissioner’’) who shall be highly quali-
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fied and have substantial knowledge of statistical meth-
odologies and activities undertaken by the Statistics Center.
SEC. 153. DUTIES.
(a) GENERAL DUTIES.—The Statistics Center shall
collect, report, analyze, and disseminate statistical data re-
lated to education in the United States and in other na-
tions, including—
(1) collecting, acquiring, compiling (where ap-
propriate, on a State-by-State basis), and dissemi-
nating full and complete statistics (disaggregated by
the population characteristics described in paragraph
(3)) on the condition and progress of education, at the
preschool, elementary, secondary, postsecondary, and
adult levels in the United States, including data on—
(A) State and local education reform activi-
ties;
(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;
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(E) access to, and opportunity for, postsec-
ondary education, including data on financial
aid to postsecondary students;
(F) teaching, including—
(i) data on in-service professional de-
velopment, including a comparison of
courses taken in the core academic areas of
reading, mathematics, and science with
courses in noncore academic areas, includ-
ing technology courses; and
(ii) the percentage of teachers who are
highly qualified (as such term is defined in
section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
7801)) in each State and, where feasible, in
each local educational agency and school;
(G) instruction, the conditions of the edu-
cation workplace, and the supply of, and de-
mand for, teachers;
(H) the incidence, frequency, seriousness,
and nature of violence affecting students, school
personnel, and other individuals participating
in school activities, as well as other indices of
school safety, including information regarding—
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(i) the relationship between victims
and perpetrators;
(ii) demographic characteristics of the
victims and perpetrators; and
(iii) the type of weapons used in inci-
dents, as classified in the Uniform Crime
Reports of the Federal Bureau of Investiga-
tion;
(I) the financing and management of edu-
cation, including data on revenues and expendi-
tures;
(J) the social and economic status of chil-
dren, including their academic achievement;
(K) the existence and use of educational
technology and access to the Internet by students
and teachers in elementary schools and sec-
ondary schools;
(L) access to, and opportunity for, early
childhood education;
(M) the availability of, and access to, be-
fore-school and after-school programs (including
such programs during school recesses);
(N) student participation in and comple-
tion of secondary and postsecondary vocational
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and technical education 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 gen-
der, race, ethnicity, socioeconomic status, limited
English proficiency, mobility, disability, urban,
rural, suburban districts, and other population char-
acteristics, when such disaggregated information will
facilitate educational and policy decisionmaking;
(4) assisting public and private educational
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection ac-
tivities, which may include assisting State edu-
cational agencies and local educational agencies with
the disaggregation of data and with the development
of longitudinal student data systems;
(5) determining voluntary standards and guide-
lines to assist State educational agencies in devel-
oping statewide longitudinal data systems that link
individual student data consistent with the require-
ments of the Elementary and Secondary Education
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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 edu-
cational activities and student achievement (such as
the Third International Math and Science Study) in
the United States compared with foreign nations;
(7) conducting longitudinal and special data col-
lections necessary to report on the condition and
progress of education;
(8) assisting the Director in the preparation of
a biennial report, as described in section 119; and
(9) determining, in consultation with the Na-
tional Research Council of the National Academies,
methodology by which States may accurately measure
graduation rates (defined as the percentage of stu-
dents who graduate from secondary school with a reg-
ular diploma in the standard number of years),
school completion rates, and dropout rates.
(b) TRAINING PROGRAM.—The Statistics Commis-
sioner may establish a program to train employees of public
and private educational agencies, organizations, and insti-
tutions in the use of standard statistical procedures and
concepts, and may establish a fellowship program to ap-
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point such employees as temporary fellows 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 AGREE-
MENTS.—In carrying out the duties under this part, the
Statistics Commissioner, may award grants, enter into con-
tracts 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 sampling) to carry out this part.
(2) SOURCE
OF
INFORMATION.—The Statistics
Commissioner may, as appropriate, use information
collected—
(A) from States, local educational agencies,
public and private schools, preschools, institu-
tions of higher education, vocational and adult
education programs, libraries, administrators,
teachers, students, the general public, and other
individuals, organizations, agencies, and institu-
tions (including information collected by States
and local educational agencies for their own
use); and
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(B) by other offices within the Institute and
by other Federal departments, agencies, and in-
strumentalities.
(3) COLLECTION.—The Statistics Commissioner
may—
(A) enter into interagency agreements for
the collection of statistics;
(B) arrange with any agency, organization,
or institution for the collection of statistics; and
(C) assign employees of the Statistics Center
to any such agency, organization, or institution
to assist in such collection.
(4) TECHNICAL
ASSISTANCE
AND
COORDINA-
TION.—In order to maximize the effectiveness of De-
partment efforts to serve the educational needs of chil-
dren and youth, the Statistics Commissioner shall—
(A) provide technical assistance to the De-
partment offices that gather data for statistical
purposes; and
(B) coordinate with other Department of-
fices in the collection of data.
(c) DURATION.—Notwithstanding any other 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
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at the discretion of the Statistics Commissioner for an addi-
tional period of not more than 5 years.
SEC. 155. REPORTS.
(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The
Statistics Commissioner, shall establish procedures, in ac-
cordance with section 186, to ensure that the reports issued
under this section are relevant, of high quality, useful to
customers, subject to rigorous peer review, produced in a
timely fashion, and free from any partisan political influ-
ence.
(b) REPORT ON CONDITION AND PROGRESS OF EDU-
CATION.—Not later than June 1, 2003, and each June 1
thereafter, the Statistics Commissioner, shall submit to the
President and the appropriate congressional committees a
statistical report on the condition and progress of education
in the United States.
(c) STATISTICAL REPORTS.—The Statistics Commis-
sioner shall issue regular and, as necessary, special statis-
tical reports on education topics, particularly in the core
academic areas of reading, mathematics, and science, con-
sistent with the priorities and the mission of the Statistics
Center.
SEC. 156. DISSEMINATION.
(a) GENERAL REQUESTS.—
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(1) IN
GENERAL.—The Statistics Center may
furnish transcripts or copies of tables and other sta-
tistical records and make special statistical compila-
tions and surveys for State and local officials, public
and private organizations, and individuals.
(2) COMPILATIONS.—The Statistics Center shall
provide State educational agencies, local educational
agencies, and institutions of higher education with
opportunities to suggest the establishment of par-
ticular compilations of statistics, surveys, and anal-
yses that will assist those educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Statistics Cen-
ter shall furnish such special statistical compilations and
surveys as the relevant congressional committees may re-
quest.
(c) JOINT STATISTICAL PROJECTS.—The Statistics
Center may engage in joint statistical projects related to
the mission of the Center, or other statistical purposes au-
thorized by law, with nonprofit organizations or agencies,
and the cost of such projects shall be shared equitably as
determined by the Secretary.
(d) FEES.—
(1) IN GENERAL.—Statistical compilations and
surveys under this section, other than those carried
out pursuant to subsections (b) and (c), may be made
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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 sub-
section may be used to pay directly the costs of such
work or services, to repay appropriations that ini-
tially bore all or part of such costs, or to refund excess
sums when necessary.
(e) ACCESS.—
(1) OTHER
AGENCIES.—The Statistics Center
shall, consistent with section 183, cooperate with other
Federal agencies having a need for educational data
in providing access to educational data received by
the Statistics Center.
(2) INTERESTED PARTIES.—The Statistics Cen-
ter shall, in accordance with such terms and condi-
tions as the Center may prescribe, provide all inter-
ested parties, including public and private agencies,
parents, and other individuals, direct access, in the
most appropriate form (including, where possible,
electronically), to data collected by the Statistics Cen-
ter for the purposes of research and acquiring statis-
tical information.
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SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may 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
early childhood education, elementary and secondary edu-
cation, postsecondary education, adult education, and li-
braries, that are useful for policymaking at the Federal,
State, and local levels.
SEC. 158. STATE DEFINED.
In this part, the term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
PART D—NATIONAL CENTER FOR EDU-
CATION EVALUATION AND REGIONAL
ASSISTANCE
SEC. 171. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established in the In-
stitute 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 de-
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termine 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 devel-
oped; and
(4) to encourage the use of scientifically valid
education research and evaluation throughout the
United States.
(c) GRANTS, CONTRACTS, AND COOPERATIVE AGREE-
MENTS.—In carrying out the duties under this part, the
Director may award grants, enter into contracts and coop-
erative agreements, and provide technical assistance.
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION
AND REGIONAL ASSISTANCE.
(a) IN GENERAL.—The National Center for Education
Evaluation and Regional Assistance shall be headed by a
Commissioner for Education Evaluation and Regional As-
sistance (in this part referred to as the ‘‘Evaluation and
Regional Assistance Commissioner’’) who is highly quali-
fied and has demonstrated a capacity to carry out the mis-
sion of the Center and shall—
(1) conduct evaluations pursuant to section 173;
(2) widely disseminate information on scientif-
ically valid research, statistics, and evaluation on
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education, particularly to State educational agencies
and local educational agencies, to institutions of high-
er education, to the public, the media, voluntary orga-
nizations, professional associations, and other con-
stituencies, especially with respect to information re-
lating to, at a minimum—
(A) the core academic areas of reading,
mathematics, and science;
(B) closing the achievement gap between
high-performing students and low-performing
students;
(C) educational practices that improve aca-
demic achievement and promote learning;
(D) education technology, including soft-
ware; and
(E) those topics covered by the Educational
Resources Information Center Clearinghouses (es-
tablished under section 941(f) of the Educational
Research, Development, Dissemination, and Im-
provement Act of 1994 (20 U.S.C. 6041(f)) (as
such provision was in effect on the day before the
date of enactment of this Act);
(3) make such information accessible in a user-
friendly, timely, and efficient manner (including
through use of a searchable Internet-based online
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database that shall include all topics covered in para-
graph (2)(E)) to schools, institutions of higher edu-
cation, educators (including early childhood edu-
cators), parents, administrators, policymakers, re-
searchers, public and private entities (including pro-
viders of early childhood services), entities responsible
for carrying out technical assistance through the De-
partment, and the general public;
(4) support the regional educational laboratories
in conducting applied research, the development and
dissemination of educational research, products and
processes, the provision of technical assistance, and
other activities to serve the educational needs of such
laboratories’ regions;
(5) manage the National Library of Education
described in subsection (d), and other sources of dig-
ital information on education research;
(6) assist the Director in the preparation of a bi-
ennial 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—
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(1) ensure that information disseminated under
this section is provided in a cost-effective, nonduplica-
tive manner that includes the most current research
findings, which may include through the continuation
of individual clearinghouses authorized under 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.)
(as such Act existed on the day before the date of en-
actment of this Act);
(2) describe prominently the type of scientific
evidence that is used to support the findings that are
disseminated;
(3) explain clearly the scientifically appropriate
and inappropriate uses of—
(A) the findings that are disseminated; and
(B) the types of evidence used to support
those findings; and
(4) respond, as appropriate, to inquiries from
schools, educators, parents, administrators, policy-
makers, researchers, public and private entities, and
entities responsible for carrying out technical assist-
ance.
(c) CONTINUATION.—The Director shall continue
awards for the support of the Educational Resources Infor-
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mation Center Clearinghouses and contracts for regional
educational laboratories (established under subsections (f)
and (h) of section 941 of the Educational Research, Devel-
opment, Dissemination, and Improvement Act of 1994 (20
U.S.C. 6041(f) and (h)) (as such awards were in effect on
the day before the date of enactment of this Act)) for the
duration of those awards, in accordance with the terms and
agreements of such awards.
(d) NATIONAL LIBRARY OF EDUCATION.—
(1) ESTABLISHMENT.—There is established with-
in the National Center for Education Evaluation and
Regional Assistance a National Library of Education
that shall—
(A) be headed by an individual who is high-
ly qualified in library science;
(B) collect and archive information;
(C) provide a central location within the
Federal Government for information about edu-
cation;
(D) provide comprehensive reference services
on matters related to education to employees of
the Department of Education and its contractors
and grantees, other Federal employees, and mem-
bers of the public; and
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(E) promote greater cooperation and re-
source 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-re-
lated research, statistics, and evaluation mate-
rials and other information, projects, and publi-
cations that are—
(i) consistent with—
(I) scientifically valid research; or
(II) the priorities and mission of
the Institute; and
(ii) developed by the Department, other
Federal agencies, or entities (including enti-
ties supported under the Educational Tech-
nical Assistance Act of 2002 and the Edu-
cational 
Resources 
Information 
Center
Clearinghouses (established under section
941(f) of the Educational Research, Devel-
opment, Dissemination, and Improvement
Act of 1994 (20 U.S.C. 6041(f)) (as such
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provision was in effect on the day before the
date of enactment of this Act))).
SEC. 173. EVALUATIONS.
(a) IN GENERAL.—
(1) REQUIREMENTS.—In carrying out its mis-
sions, the National Center for Education Evaluation
and Regional Assistance may—
(A) conduct or support evaluations con-
sistent with the Center’s mission as described in
section 171(b);
(B) evaluate programs under title I of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(C) to the extent practicable, examine eval-
uations conducted or supported by others in
order to determine the quality and relevance of
the evidence of effectiveness generated by those
evaluations, with the approval of the Director;
(D) coordinate the activities of the 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, particu-
larly those by the Department, to determine or
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enhance the quality and relevance 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 evalua-
tion conducted 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 edu-
cation 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 Com-
missioner, consistent with the mission of the National Cen-
ter for Education Evaluation and Regional Assistance
under section 171(b), shall administer all operations 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.
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SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RE-
SEARCH, 
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 labora-
tory, as well as the cost of providing services within the
geographic area encompassed by the region.
(b) REGIONS.—The regions served by the regional edu-
cational laboratories shall be the 10 geographic regions
served by the regional educational laboratories established
under section 941(h) of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994 (as
such provision existed on the day before the date of enact-
ment of this Act).
(c) ELIGIBLE APPLICANTS.—The Director may enter
into contracts under this section with research organiza-
tions, institutions, agencies, institutions of higher edu-
cation, or partnerships among such entities, or individuals,
with the demonstrated ability or capacity to carry out the
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activities described in this section, including regional enti-
ties that carried out activities under the Educational Re-
search, Development, Dissemination, and Improvement Act
of 1994 (as such Act existed on the day before the date of
enactment of this Act) and title XIII of the 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)).
(d) APPLICATIONS.—
(1) SUBMISSION.—Each applicant desiring a
contract under this section shall submit an applica-
tion at such time, in such manner, and containing
such information as the Director may reasonably re-
quire.
(2) PLAN.—Each application submitted under
paragraph (1) shall contain a 5-year plan for car-
rying out the activities described in this section in a
manner that addresses the priorities established under
section 207 and addresses the needs of all States (and
to the extent practicable, of local educational agen-
cies) within the region to be served by the regional
educational laboratory, on an ongoing basis.
(e) ENTERING INTO CONTRACTS.—
(1) IN
GENERAL.—In entering into contracts
under this section, the Director shall—
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(A) enter into contracts for a 5-year period;
and
(B) ensure that regional educational labora-
tories established under this section have strong
and effective governance, organization, manage-
ment, and administration, and employ qualified
staff.
(2) COORDINATION.—In order to ensure coordi-
nation and prevent unnecessary duplication of activi-
ties among the regions, the Evaluation and Regional
Assistance Commissioner shall—
(A) share information about the activities of
each regional educational laboratory awarded a
contract under this section with each other re-
gional educational laboratory awarded a con-
tract under this section and with the Depart-
ment of Education, including the Director and
the Board;
(B) oversee a strategic plan for ensuring
that each regional educational laboratory award-
ed a contract under this section increases col-
laboration and resource-sharing in such activi-
ties;
(C) ensure, where appropriate, that the ac-
tivities of each regional educational laboratory
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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 assist-
ance provider.
(3) OUTREACH.—In conducting competitions for
contracts under this section, the Director shall—
(A) actively encourage eligible entities to
compete for such awards by making information
and technical assistance relating to the competi-
tion widely available; and
(B) seek input from the chief executive offi-
cers of States, chief State school officers, edu-
cators, and parents regarding the need for ap-
plied research, wide dissemination, training,
technical assistance, and development activities
authorized by this title in the regions to be
served by the regional educational laboratories
and how those educational needs could be ad-
dressed most effectively.
(4) OBJECTIVES AND INDICATORS.—Before enter-
ing into a contract under this section, the Director
shall design specific objectives and measurable indica-