[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1835 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1835

To provide for the collection and dissemination of statistics designed 
 to show the condition and progress of education in the United States, 
 to promote and improve the cause of education throughout the Nation, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 8 (legislative day January 25), 1994

  Mr. Pell (for himself and Mr. Jeffords) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                       Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the collection and dissemination of statistics designed 
 to show the condition and progress of education in the United States, 
 to promote and improve the cause of education throughout the Nation, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Education Statistics Act of 
1994''.

SEC. 2. FINDINGS; PURPOSE; DEFINITIONS.

    (a) Findings.--The Congress finds that--
            (1) a Department Office 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 organization 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 Department of 
        Education is much broader, the National Center for Education 
        Statistics within the Department's Office of Educational 
        Research and Improvement continues to perform those crucial 
        original purposes; 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 the reform of our Nation's educational systems.
    (b) Purpose.--It is the purpose of this Act to ensure the 
continuation of an effective mechanism for collecting and reporting 
statistics and information showing the condition and progress of 
education in the United States and other nations in order to promote 
and accelerate the improvement of American education.
    (c) Definitions.--For the purpose of this Act, the term--
            (1) ``Assistant Secretary'' means the Assistant Secretary 
        for Educational Research and Improvement, 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 that term in section 1201 of the Higher Education 
        Act of 1965;
            (4) ``local educational agency'' has the same meaning given 
        that term in section 1471 of the Elementary and Secondary 
        Education Act of 1965;
            (5) ``Secretary'', unless otherwise specified, means the 
        Secretary of Education;
            (6) ``State'' and ``United States''--
                    (A) other than for the purpose of section 11, mean 
                each of the 50 States, the District of Columbia, and 
                the Commonwealth of Puerto Rico; and
                    (B) for the purpose of section 11, 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); and
            (7) ``State educational agency'' has the same meaning given 
        that term in section 1471 of the Elementary and Secondary 
        Education Act of 1965.

SEC. 3. NATIONAL CENTER FOR EDUCATION STATISTICS.

    (a) Establishment.--There is established, within the Office of 
Educational Research and Improvement established under section 209 of 
the Department of Education Organization Act, a National Center for 
Education Statistics (hereafter in this Act referred to as the 
``Center'').
    (b) Commissioner and Associate Commissioners.--
            (1) Commissioner.--The Center shall be headed by a 
        Commissioner of Education Statistics (hereafter in this Act 
        referred to as 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 
                encompassed by under the authority of the Center;
                    (B) be paid in accordance with section 5315 of 
                title 5, United States Code; and
                    (C) serve for a term of 4 years, with the terms to 
                expire every fourth June 21, beginning in 1995.
            (2) Associate commissioners.--The Commissioner may appoint 
        such Associate Commissioners as the Commissioner determines are 
        necessary and appropriate.

SEC. 4. DUTIES OF THE CENTER.

    (a) Duties.--The Center shall collect, analyze, and disseminate 
statistics and other information related to education in the United 
States and in other nations, including--
            (1) acquiring, compiling (where appropriate, on a State-by-
        State basis), and disseminating full and complete statistics on 
        the condition and progress of education in the United States, 
        including data on--
                    (A) State and local education reform;
                    (B) student achievement and other educational 
                outcomes (including data on special student populations 
                and data on high school completions, dropouts, and 
                adult literacy);
                    (C) educational access and opportunity, including 
                data on financial aid to postsecondary students;
                    (D) teaching, including data on curriculum, 
                instruction, the conditions of the education workplace, 
                and the supply of, and demand for, teachers;
                    (E) the learning environment, including data on 
                libraries and the incidence of crime, violence, and 
                substance abuse;
                    (F) the financing and management of education, 
                including data on revenues and expenditures; and
                    (G) the social and economic status of children;
            (2) conducting and publishing reports and analyses of the 
        meaning and significance of such statistics;
            (3) conducting longitudinal studies, as well as regular and 
        special surveys and data collections, necessary to report on 
        the condition and progress of education;
            (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        their statistical and data collection activities; and
            (5) acquiring and disseminating data on educational 
        activities and student achievement in the United States 
        compared with those in foreign nations.
    (b) Training Program.--The Commissioner may establish a program to 
train employees of public and private educational agencies, 
organizations, and institutions in the use of the Center's standard 
statistical procedures and concepts and may establish a fellows program 
to temporarily appoint such employees as temporary fellows at the 
Center in order to assist the Center in carrying out its duties.

SEC. 5. PERFORMANCE OF DUTIES.

    (a) In General.--In carrying out the Commissioner's duties under 
this Act, the Commissioner may enter into grants, contracts, and 
cooperative agreements.
    (b) Gathering Information.--
            (1) Sampling.--The Commissioner may use the statistical 
        method known as sampling to carry out the purpose of this Act.
            (2) Source of information.--The Commissioner may, as the 
        Commissioner considers appropriate, use information collected--
                    (A) from States, local educational agencies, 
                schools, institutions of higher education, libraries, 
                administrators, teachers, students, the general public, 
                and such other individuals, 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 
                instrumentalities.
            (3) Collection.--The 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 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 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 
                offices in the collection of data.

SEC. 6. REPORTS.

    (a) Report on the Condition and Progress of Education.--The 
Commissioner shall, not later than June 1 of each year beginning, 
submit to the President and the Congress a statistical report on the 
condition and progress of education in the United States.
    (b) Statistical Reports.--The Commissioner shall issue regular 
statistical reports to the President and Congress on such education 
topics as the Commissioner determines to be appropriate.
    (c) Special Reports.--The Commissioner may, whenever the 
Commissioner considers it appropriate, issue special reports on 
particular education topics.

SEC. 7. ADVISORY COUNCIL ON EDUCATION STATISTICS.

    (a) Establishment.--There is established, within the Center, an 
Advisory Council on Education Statistics (hereafter in this Act 
referred to as the ``Council'').
    (b) Membership.--
            (1) Composition.--The Council shall be composed of--
                    (A) 15 voting members who are users of education 
                data and who are appointed by the Secretary on the 
                basis of their experience and eminence within the field 
                of education statistics, of whom at least--
                            (i) three shall be educators;
                            (ii) three shall be education policymakers;
                            (iii) three shall be professional 
                        statisticians; and
                            (iv) three shall be education researchers;
                    (B) the Director of the Bureau of the Census and 
                the Commissioner of the Bureau of Labor Statistics, as 
                voting, ex officio members; and
                    (C) the Assistant Secretary and the Commissioner, 
                as nonvoting, ex officio members.
            (2) Presiding officer.--The Secretary shall appoint the 
        presiding officer of the Council from among the voting members 
        of the Council.
            (3) Terms.--Members of the Council appointed under 
        paragraph (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 5 members in the 
        same calendar year.
            (4) Meetings.--
                    (A) In general.--The Council shall meet at the call 
                of the presiding officer, except that the Council shall 
                meet--
                            (i) at least 2 times during each calendar 
                        year; and
                            (ii) in addition, whenever 8 voting members 
                        request in writing that the presiding officer 
                        call a meeting.
                    (B) Quorum.--Nine voting members of the Council 
                shall constitute a quorum.
            (5) Special rule.--The Council shall review general 
        policies for the operation of the Center and shall advise the 
        Commissioner on standards to ensure that statistics and other 
        information disseminated by the Center are of high quality and 
        are not subject to partisan political influence.

SEC. 8. CONFIDENTIALITY.

    (a) Confidentiality standards.--
            (1) In general.--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. This section shall not be construed to protect the 
        confidentiality of information about institutions, 
        organizations, and agencies that receive grants from, or have 
        contracts or cooperative agreements with, the Federal 
        Government.
            (2) Prohibition.--No person may--
                    (A) use any individually identifiable information 
                furnished under this Act for any purpose other than a 
                statistical purpose;
                    (B) make any publication whereby the data furnished 
                by any particular person under this Act can be 
                identified; or
                    (C) permit anyone other than the individuals 
                authorized by the Commissioner to examine the 
                individual reports.
    (b) Administration.--
            (1) In general.--No department, bureau, agency, officer, or 
        employee of the Federal Government, except the Commissioner in 
        carrying out the purposes of this Act, shall require, for any 
        reason, copies of reports that have been filed under this Act 
        with the Center or retained by any individual respondent. 
        Copies of such reports that have been so filed or retained with 
        the Center or any of its employees, contractors, or agents 
        shall be immune from legal process, and shall not, without the 
        consent of the individual concerned, be admitted as evidence or 
        used for any purpose in any action, suit, or other judicial or 
        administrative proceeding. This paragraph shall apply only to 
        individually identifiable information (as defined in paragraph 
        (4)(A)).
            (2) Employee or staff violations.--Whoever, being or having 
        been an employee or staff member of the Department, having 
        taken or subscribed the oath of office, or having sworn to 
        observe the limitations imposed by subsection (a)(2), knowingly 
        publishes or communicates any individually identifiable 
        information (as defined in paragraph (4)(A)), the disclosure of 
        which is prohibited by subsection (a)(2), and that comes into 
        such employee or staff's possession by reason of employment (or 
        otherwise providing services) under this Act, shall be found 
        guilty of a class E felony and imprisoned for not more than 5 
        years, or fined as specified in section 3571 of title 18, 
        United States Code, or both.
            (3) Temporary staff.--The Commissioner may utilize 
        temporary staff, including employees of Federal, State, or 
        local agencies or instrumentalities (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) Definitions.--For the purposes of this section--
                    (A) the term ``individually identifiable 
                information'' means any record, response form, 
                completed survey, or aggregation thereof from which 
                information about particular 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 cannot be 
                revealed.
            (5) Violations.--Any person who uses any data provided by 
        the Center, in conjunction with any other information or 
        technique, to identify any individual student, teacher, 
        administrator, or other individual and who knowingly discloses, 
        publishes, or uses such data for a purpose other than a 
        statistical purpose, or who otherwise violates subparagraph (A) 
        or (B) of subsection (a)(2), shall be found guilty of a class E 
        felony and imprisoned for not more than 5 years, or fined as 
        specified in section 3571 of title 18, United States Code, or 
        both.
            (6) Access to reports or records.--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 Librarian 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 under paragraphs (1) and 
        (5) of subsection (b) shall apply to such individuals.

SEC. 9. DISSEMINATION.

    (a) General Requests.--
            (1) In general.--The Center may furnish transcripts 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 individuals.
            (2) Compilations.--The Center shall provide State and local 
        educational agencies opportunities to suggest the development 
        of particular compilations of statistics, surveys, and analyses 
        that would assist those 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 purposes 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) 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 federal agencies.--The Center shall, consistent 
        with section 8, participate with other Federal agencies having 
        a need for educational data in providing access to educational 
        data received by the Center.
            (2) Interested parties.--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 information.

SEC. 10. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    The Commissioner may establish one 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 education, 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. 11. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    (a) Establishment.--The Commissioner shall, with the advice of the 
National Assessment Governing Board established by section 12, carry 
out, through grants, contracts, or cooperative agreements with one or 
more qualified organizations, or consortia thereof, a National 
Assessment of Educational Progress (hereafter in this Act referred to 
as the ``National Assessment'').
    (b) Purpose; State Assessments.--
            (1) Purpose.--The purpose of the National Assessment is to 
        provide a fair and accurate presentation of educational 
        achievement in reading, writing, and the other subjects 
        included in the third National Education Goal, regarding 
        student achievement and citizenship. The Commissioner, in 
        carrying out the National Assessment, shall use sampling 
        techniques that produce data that are representative on a 
        national and regional basis and on a State basis pursuant to 
        paragraph (2). 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;
                    (B) report achievement data on a basis that ensures 
                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 reporting, in a 
                manner that facilitates further analysis.
            (2) State assessments.--
                    (A) In general.--The Commissioner, in carrying out 
                the National Assessment, may conduct State assessments 
                of student achievement in grades 4, 8, and 12.
                    (B) State participation.--States wishing to 
                participate in State assessments shall enter into an 
                agreement with the Secretary pursuant to subsection 
                (d)(2). Such agreement shall contain information 
                sufficient to give States full information about the 
                process for consensus decisionmaking on objectives to 
                be tested, required in section 12(e)(5), and of the 
                standards for sampling, test administration, test 
                security, data collection, validation, and reporting.
                    (C) State review and release of results.--A 
                participating State shall review and give permission 
                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.
            (3) Prohibited data.--In carrying out the National 
        Assessment, the Commissioner shall not collect any data that 
        are not directly related to the appraisal of educational 
        performance, achievement, and traditional demographic reporting 
        variables, or to the fair and accurate presentation of such 
        information.
            (4) Technical assistance.--In carrying out the National 
        Assessment, the Commissioner may provide technical assistance 
        to States, localities, and other parties.
    (c) Access.--
            (1) Public access.--Except as provided in paragraph (2), 
        the public shall have access to all data, questions, and test 
        instruments of the National Assessment.
            (2) Personally identifiable information.--
                    (A) In general.--The Commissioner shall ensure that 
                all personally identifiable information about students, 
                their educational performance, and their families, and 
                that information with respect to individual schools, 
                remains confidential, in accordance with section 552a 
                of title 5, United States Code.
                    (B) Special rule.--Notwithstanding any other 
                provision of law, the Secretary may decline to make 
                available to the public for a period, not to exceed 10 
                years following their initial use, cognitive questions 
                that the Secretary intends to reuse in the future.
                    (C) Test instruments.--The Secretary may, upon the 
                request of a State educational agency or a local 
                educational agency, make National Assessment test 
                instruments available for assessing aggregate student 
                achievement at the school or school district level. 
                Before receiving such instruments, an agency shall 
                provide assurances, satisfactory to the Secretary, that 
                security requirements and testing protocols, prescribed 
                by the Commissioner, will be complied with in the use 
                of such instruments.
    (d) Participation.--
            (1) National and regional.--Participation in the national 
        and regional assessments by State and local educational 
        agencies shall be voluntary.
            (2) State.--Participation in assessments made on a State 
        basis shall be voluntary. The Secretary shall enter into an 
        agreement with any State that desires to carry out an 
        assessment 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-Federal 
                share of participation.
            (3) Non-federal share.--
                    (A) In general.--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;
                            (ii) the cost of coordination within the 
                        State; and
                            (iii) other reasonable costs specified by 
                        the Secretary in the agreement described in 
                        paragraph (2).
                    (B) Special rule.--The non-Federal share of 
                payments under this paragraph may be in cash or in 
                kind, fairly valued.
                    (C) Administrative costs.--The agreement described 
                in paragraph (2) shall describe the manner in which the 
                costs of administering the assessment to private 
                nonprofit schools included in the State sample may be 
                met.
    (e) Review of National and State Assessments.--The Secretary shall 
provide for continuing reviews of both national and State assessments, 
including evaluation studies by the Center and solicitation of public 
comment on the conduct and usefulness of the National Assessment. The 
Secretary shall report to the Congress, the President, and the Nation 
on the findings and recommendations of such reviews. The Commissioner 
shall consider the findings and recommendations in designing the 
competition to select the organization, or organizations, through which 
the Office carries out the National Assessment.
    (f) Coverage Agreements.--
            (1) Department of defense schools.--The Secretary and the 
        Secretary of Defense may enter into an agreement, including 
        such terms as are mutually satisfactory, to include in the 
        National Assessment elementary and secondary schools operated 
        by the Department of Defense.
            (2) Bureau of indian affairs schools.--The Secretary and 
        the Secretary of the Interior may enter into an agreement, 
        including such terms as are mutually satisfactory, to include 
        in the National Assessment schools for Indian children operated 
        or supported by the Bureau of Indian Affairs.

SEC. 12. NATIONAL ASSESSMENT GOVERNING BOARD.

    (a) Establishment.--There is established the National Assessment 
Governing Board (hereafter in this Act referred to as the ``Board''), 
which shall formulate policy guidelines for the National Assessment.
    (b) Membership.--
            (1) Appointment and composition.--The Board shall be 
        appointed by the Secretary and be composed of--
                    (A) two Governors, or former Governors, who shall 
                not be members of the same political party;
                    (B) two State legislators, who shall not be members 
                of the same political party;
                    (C) two chief State school officers;
                    (D) one superintendent of a local educational 
                agency;
                    (E) one member of a State board of education;
                    (F) one member of a local board of education;
                    (G) three classroom teachers representing the grade 
                levels at which the National Assessment is conducted;
                    (H) one representative of business or industry;
                    (I) two curriculum specialists;
                    (J) three testing and measurement experts, who 
                shall have training and experience in the field of 
                testing and measurement;
                    (K) one nonpublic school administrator or 
                policymaker;
                    (L) two school principals, of whom one shall be an 
                elementary school principal and one shall be a 
                secondary school principal; and
                    (M) four additional members who are representatives 
                of the general public, including parents.
            (2) Assistant secretary for educational research.--The 
        Assistant Secretary for Educational Research and Improvement 
        shall serve as an ex officio, nonvoting member of the Board.
            (3) Special rule.--The Secretary and the Board shall ensure 
        at all times that the membership of the Board reflects 
        regional, racial, gender, and cultural balance and diversity 
        and that the Board exercises its independent judgment, free 
        from inappropriate influences and special interests.
    (c) Terms.--Members of the Board shall serve for terms not to 
exceed 4 years which shall be staggered, as determined by the 
Secretary. Any appointed member of the Board who changes status under 
subsection (b) during the term of the appointment of the member may 
continue to serve as a member until the expiration of such term.
    (d) Vacancies.--As vacancies occur, new members of the Board shall 
be appointed by the Secretary from among individuals who are nominated 
by the Board after consultation with representatives of the groups 
listed in subsection (b)(1). For each vacancy, the Board shall nominate 
at least 3 individuals who, by reason of experience or training, are 
qualified in that particular Board vacancy.
    (e) Duties.--
            (1) In general.--In carrying out its functions under this 
        section the Board shall--
                    (A) select subject areas to be assessed (consistent 
                with section 11(b)(1));
                    (B) identify appropriate achievement goals for each 
                age and grade in each subject area to be tested under 
                the National Assessment;
                    (C) develop assessment objectives;
                    (D) develop test specifications;
                    (E) design the methodology of the assessment;
                    (F) develop guidelines for analysis plans and for 
                reporting and disseminating results;
                    (G) develop standards and procedures for 
                interstate, regional, and national comparisons; and
                    (H) take appropriate actions needed to improve the 
                form and use of the National Assessment.
            (2) Delegation.--The Board may delegate any of the Board's 
        procedural and administrative functions to its staff.
            (3) Cognitive Items.--The Board shall have final authority 
        on the appropriateness of cognitive items.
            (4) Bias.--The Board shall take steps to ensure that all 
        items selected for use in the National Assessment are free from 
        racial, cultural, gender, or regional bias.
            (5) Goals statements.--Each learning area assessment shall 
        have goal statements devised through a national consensus 
        approach, providing for active participation of teachers, 
        curriculum specialists, local school administrators, parents, 
        and concerned members of the general public.
    (f) Personnel.--
            (1) In general.--In the exercise of its responsibilities, 
        the Board shall be independent of the Secretary and the other 
        offices and officers of the Department.
            (2) Staff.--The Secretary may appoint, at the direction of 
        the Board, such staff as the Board requires. Such appointments 
        may include, for terms not to exceed 3 years, without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, not more than 6 
        technical employees to administer this subsection, who may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
    (g) Commissioner Reports.--The Commissioner shall report to the 
Board at regular intervals on the Department's actions to implement the 
decisions of the Board.
    (h) Administration.--
            (1) Limitation.--Not to exceed 10 percent of the funds 
        available for the National Assessment for any fiscal year may 
        be used for administrative expenses (including staff, 
        consultants, and contracts) and to carry out the Board's duties 
        described in subsection (e).
            (2) Applicability of the federal advisory committee act.--
        For the purposes of its administrative functions, the Board 
        shall have the authorities authorized by the Federal Advisory 
        Committee Act and shall be subject to the open meeting 
        provisions of that law.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1995 through 1999 to carry out 
this Act.

SEC. 14. REPEAL.

    Section 406 of the General Education Provisions Act (20 U.S.C. 
1221e-1) is repealed.

                                 <all>

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