[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4875 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4875

 To provide for improvement of Federal education research, evaluation, 
                    information, and dissemination.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2000

Mr. Castle (for himself, Mr. Goodling, Mr. Ballenger, Mr. Boehner, Mr. 
   DeMint, and Mr. Isakson) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To provide for improvement of Federal education research, evaluation, 
                    information, and dissemination.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Scientifically 
Based Education Research, Statistics, Evaluation, and Information Act 
of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Academy authorization of appropriations.
     TITLE I--NATIONAL ACADEMY FOR EDUCATION RESEARCH, STATISTICS, 
                      EVALUATION, AND INFORMATION

Sec. 101. National Academy for Education Research, Statistics, 
                            Evaluation, and Information.
Sec. 102. National Board for Education Research, Statistics, 
                            Evaluation, and Information.
Sec. 103. National Education Library and Clearinghouse Office.
  TITLE II--NATIONAL CENTERS FOR EDUCATION RESEARCH, EVALUATION, AND 
            STATISTICS; NATIONAL ASSESSMENT GOVERNING BOARD

 Subtitle A--National Centers for Education Research, Evaluation, and 
                               Statistics

           Chapter 1--National Center for Education Research

Sec. 201. Declaration of policy.
Sec. 202. Establishment.
Sec. 203. Commissioner; senior scientist; staff.
Sec. 204. Duties.
Sec. 205. Committee on Education Research.
Sec. 206. Report.
Sec. 207. Authority to publish.
Sec. 208. Standards for conduct and evaluation of research.
           Chapter 2--National Center for Program Evaluation

Sec. 211. Establishment.
Sec. 212. Commissioner; staff.
Sec. 213. Duties.
Sec. 214. Independent review panels.
          Chapter 3--National Center for Education Statistics

Sec. 221. Short title.
Sec. 222. Findings; purpose.
Sec. 223. Establishment.
Sec. 224. Commissioner; deputy commissioner and associate 
                            commissioners; staff.
Sec. 225. Duties.
Sec. 226. Performance of duties.
Sec. 227. Reports.
Sec. 228. Advisory Council for Education Statistics.
Sec. 229. Confidentiality.
Sec. 230. Dissemination.
Sec. 231. Cooperative education statistics systems.
Subtitle B--National Assessment Governing Board and National Assessment 
                        of Educational Progress

             Chapter 1--National Assessment Governing Board

Sec. 251. National Assessment Governing Board.
Sec. 252. National Assessment of Educational Progress.
Sec. 253. Prohibition on federally sponsored testing.
        TITLE III--ACTIVITIES WITHIN THE DEPARTMENT OF EDUCATION

Sec. 301. Office of Planning, Performance Management, and Technical 
                            Assistance.
Sec. 302. Authorization of appropriations.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Transition provisions.
Sec. 402. Repeals.

SEC. 2. DEFINITIONS.

    Except as otherwise provided in this Act, in this Act:
            (1) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied research, 
        basic research, and field-initiated research whose rationale, 
        design, and interpretation is soundly developed in terms of 
        established scientific research and that is conducted in 
        accordance with scientifically based quantitative research 
        standards and qualitative research standards as defined in this 
        Act.
            (2) Basic research.--The term ``basic research''--
                    (A) means research to gain fundamental knowledge or 
                understanding of phenomena and observable facts without 
                specific application toward processes or products; and
                    (B) includes original investigations for the 
                advancement of scientific knowledge in the field of 
                education.
            (3) Applied research.--The term ``applied research'' means 
        research to gain knowledge or understanding necessary for 
        determining the means by which a recognized and specific need 
        may be met and is specifically directed to discovery of new 
        scientific knowledge which has as its specific objective the 
        improvement of basic academic skills.
            (4) Field-initiated research.--The term ``field-initiated 
        research'' means basic research or applied research in which 
        topics and methods of study are generated by investigators, 
        including teachers and other practitioners, and which conform 
        to scientifically valid research.
            (5) Scientifically based quantitative research standards.--
        The term ``scientifically based quantitative research 
        standards''--
                    (A) means the application of rigorous, systemic, 
                and objective procedures to obtain valid knowledge 
                relevant to education activities and programs; and
                    (B) includes research that--
                            (i) employs systematic, empirical methods 
                        that draw on observation or experiment;
                            (ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                            (iii) relies on measurements or 
                        observational methods that provide valid data 
                        across evaluators and observers and across 
                        multiple measurements and observations and 
                        across studies by the same or different 
                        investigators;
                            (iv) is evaluated using experimental 
                        designs in which individuals, entities, 
                        programs, or activities are assigned to 
                        different conditions with appropriate controls 
                        to evaluate the effects of the condition of 
                        interest through random assignment experiments, 
                        or other designs to the extent such designs 
                        contain within-condition or across-condition 
                        controls;
                            (v) ensure experimental studies are 
                        presented in sufficient detail and clarity to 
                        allow for replication, or at a minimum offer 
                        the opportunity to build systematically on its 
                        findings; and
                            (vi) has been accepted by a peer-reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.
            (6) Scientifically based qualitative research standards.--
        The term ``scientifically based qualitative research 
        standards''--
                    (A) means the systematic collection and analysis of 
                data often associated with traditions of inquiry 
                historically based in the humanities, such as narrative 
                analysis; and
                    (B) includes research that--
                            (i) uses some combination of participant 
                        observation, in-depth interviewing and document 
                        collection;
                            (ii) is intended to explore issues and 
                        hypotheses whose underlying dynamics and 
                        factors are not sufficiently well refined, 
                        understood, or amenable to experimental control 
                        to permit adequate study through quantitative 
                        research.
                            (iii) may include case studies, 
                        ethnographies, life histories, multi-site case 
                        studies, and participatory action research;
                            (iv) uses approaches to assess the 
                        experimental knowledge acquired to assure that 
                        the findings are scientifically valid and 
                        replicable; and
                            (v) has been accepted by a peer-review 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.
            (7) Sound program evaluation.--The term ``sound program 
        evaluation''--
                    (A) means program evaluation that--
                            (i) adheres to the highest possible 
                        standards of quality with respect to research 
                        design, statistical analysis and the 
                        dissemination of findings;
                            (ii) provides an adequate understanding of 
                        the programs being evaluated, and examine 
                        program implementation, program impacts and the 
                        relationships between these factors;
                            (iii) provides impact estimates that truly 
                        reflect what was caused by the program;
                            (iv) produces or leads to findings that are 
                        broadly generalizable; and
                            (v) uses valid and reliable measures to 
                        document program implementation and impacts;
                    (B) includes only those program evaluations that--
                            (i) use qualitative and quantitative 
                        methodologies that are judged by the social 
                        science and evaluation research communities to 
                        be of the highest quality.;
                            (ii) in order to study program impacts use, 
                        whenever possible, some form of a classical 
                        experimental design with random assignment, in 
                        order;
                            (iii) when experimental designs are not 
                        feasible in order to study program impacts, use 
                        the strongest possible quasi-experimental 
                        alternative, basing it on longitudinal data; 
                        and
                            (iv) in order to study program 
                        implementation, use a combination of 
                        qualitative and quantitative methods.
            (8) Development.--The term ``development'' is the 
        systematic use of knowledge or understanding gained from the 
        findings of basic research and applied research that may prove 
        useful in the preparation of materials, new methods of 
        instruction and practices in teaching, which may lead to the 
        improvement of the academic skills of students, and that are 
        replicable in different educational settings.
            (9) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Education and the Workforce of the House of Representatives and 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate.
            (10) Board.--Except as provided in subtitle B of title II 
        or title III, the term ``Board'' means the National Board for 
        Education Research, Statistics, Evaluation, and Information.
            (11) Department.--The term ``Department'' means the 
        Department of Education.
            (12) Director.--Except as provided in title III of this 
        Act, the term ``Director'' means the Director of the National 
        Academy for Education Research, Evaluation, Statistics, and 
        Information appointed under section 101 of this Act.
            (13) Dissemination.--The term ``dissemination'' means the 
        communication and transfer, through the provision of technical 
        assistance, electronic transfer, and other means, of the 
        results of scientifically valid research, in forms that are 
        understandable, easily accessible and usable or adaptable for 
        use in the improvement of educational practice by teachers, 
        administrators, librarians, other practitioners, researchers, 
        policymakers, and the public.
            (14) Academy.--The term ``Academy'' means the National 
        Academy for Education Research, Statistics, Evaluation, and 
        Information established by section 101 of this Act.
            (15) Institution of higher education.--The term 
        ``institution of higher education'' has the same meaning given 
        such term in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)).
            (16) Local educational agency.--The term ``local 
        educational agency'' has the same meaning given such term in 
        section 14101(18) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C 8801(18)).
            (17) State; united states.--The terms ``State'' and 
        ``United States''--
                    (A) except as provided in subparagraph (B), mean 
                each of the 50 States, the District of Columbia, the 
                Commonwealth of Puerto Rico, Guam, American Samoa, the 
                Virgin Islands, and the Commonwealth of the Northern 
                Mariana Islands; and
                    (B) for purposes of chapter 3 of subtitle A of 
                title II of this Act, mean each of the 50 States, the 
                District of Columbia, and the Commonwealth of Puerto 
                Rico.
            (18) State educational agency.--The term ``State 
        educational agency'' has the same meaning given such term in 
        section 14101(28) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 8801(28)).
            (19) Technical assistance.--The term ``technical 
        assistance'' means assistance in identifying, selecting, or 
        designing solutions based on standards scientifically valid 
        research, or applied research to address educational problems, 
        planning, and design that leads to adapting such knowledge to 
        school practice, training to implement such solutions, and 
        other assistance necessary to encourage adoption or application 
        of such research.

SEC. 3. ACADEMY AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Notwithstanding any other provision of law, the 
greater of 0.75 percent or $276,485,000 of the amount available to 
carry out discretionary programs for the Department of Education, for 
each of the fiscal years 2002 through 2006, shall be made available to 
carry out titles I and II for each such fiscal year, of which--
            (1) 14 percent, but no less than $39,000,000, shall be made 
        available for the Director to carry out title I, except for 
        section 103;
            (2) 8 percent, but no less than $22,800,000, shall be made 
        available to carry out section 103 of title I;
            (3) 31 percent, but no less than $84,800,000, shall be made 
        available to the Commissioner of Research to carry out chapter 
        I of title II;
            (4) 8 percent, but no less than $21,900,000 shall be made 
        available to the Commissioner of Evaluation to carry out 
        chapter 2 of title II;
            (5) 25 percent, but no less than $40,000,000, shall be made 
        available to the Commissioner of Statistics to carry out 
        chapter 3 of title II;
            (6) 1 percent, but no less than $4,000,000, shall be made 
        available to the National Assessment Governing Board to carry 
        out section 251 of subtitle B of title II; and
            (7) 13 percent, but no less than $36,000,000, shall be made 
        available to the National Assessment Governing Board to carry 
        out the National Assessment for Educational Progress in section 
        252 of subtitle B of title II.
    (b) Availability.--Amounts made available under subsection (a) 
shall remain available until expended.

     TITLE I--NATIONAL ACADEMY FOR EDUCATION RESEARCH, STATISTICS, 
                      EVALUATION, AND INFORMATION

SEC. 101. NATIONAL ACADEMY FOR EDUCATION RESEARCH, STATISTICS, 
              EVALUATION, AND INFORMATION.

    (a) Establishment.--There is established in the executive branch an 
independent agency to be known as the National Academy for Education 
Research, Statistics, Evaluation, and Information. The Academy shall 
have a board of directors and shall be administered in accordance with 
the provisions of this Act under the supervision and direction of a 
Director.
    (b) Mission.--The Academy is charged by Congress to ensure all 
research, evaluation, statistics, and dissemination activities 
supported by Federal funds through the Academy conform to high 
standards of quality, integrity, and accuracy, and are free from 
ideological agendas and undue political influence, in order to provide 
parents, educators, students, researchers, policymakers, and the 
general public, with reliable information about the condition and 
progress of education in the United States, educational practices that 
improve academic achievement, and the effectiveness of Federal 
education programs.
    (c) Director.--The Director of the Academy shall be appointed by 
the President, by and with the advice and consent of the Senate, and 
shall serve for a term of six years, beginning on the date of 
appointment.
    (d) Qualifications.--The Director shall be selected from 
individuals who are highly qualified authorities in the fields of 
research, statistics, evaluation methodology, education, as well as 
management within such areas, and has a demonstrated capacity for 
sustained productivity and leadership in these areas.
    (e) Personnel.--Consistent with title 5, United States Code, the 
Director may appoint and fix the pay of such staff as the Director 
determines to be necessary to carry out the functions of the Academy 
which may include, as reasonably required by the Director, the hiring 
of certain scientific or technical employees for limited periods of 
time, without regard to the provisions of title 5, United States Code, 
governing appointment in the competitive service, and the provisions of 
chapter 51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates.
    (f) Responsibilities of Director.--It shall be the responsibility 
of the Director to--
            (1) approve the broad policy and agenda of the Academy, 
        including, the general areas of research to be carried out by 
        the National Center of Education Research, as developed by the 
        Board pursuant to section 102(b);
            (2) oversee and coordinate, as appropriate, the activities 
        carried out under the Academy;
            (3) ensure the methodology applied in conducting research, 
        evaluation, and statistical analysis is consistent with the 
        relevant standards and definitions of such activities under 
        this Act;
            (4) oversee and delegate to the appropriate Center large-
        scale development activities;
            (5) determine which, if any, additional program evaluations 
        shall be conducted by the Center for Program Evaluation, in 
        addition to those specified under section 213;
            (6) coordinate evaluation activities of this title with the 
        Secretary of Education;
            (7) oversee dissemination activities of the Academy;
            (8) appoint members of the boards and committees within the 
        Academy in accordance with this Act with the exception of the 
        Board appointed under section 102;
            (9) oversee the orderly transition of activities from the 
        Department of Education to the Academy; and
            (10) carry out other activities pursuant to this Act.
    (g) Interagency Access.--The Director of the Academy shall 
coordinate with the Secretary of Education to ensure that the 
Department of Education and each of the Centers within the Academy use 
common sources of data in standardized formats. To the extent possible 
such program data should be maintained and updated in a location 
accessible to the Department and each such Center within the Academy.
    (h) Public Access.--The Director shall ensure that the Commissioner 
of each Center establishes and maintains a regular schedule of data 
releases for all of the information it collects in order to carry out 
the missions of the Centers. Data collected for statistical, research, 
and evaluation purposes shall be archived in electronic format and made 
accessible to the public in a timely fashion.
    (i) Confidentiality.--All collection, maintenance, use, and 
dissemination of data by the Academy shall conform with the 
requirements of the Privacy Act of 1974 and the confidentiality 
requirements under section 229 of this Act.
    (j) No Review.--No report issued by the Academy shall be subject to 
review by any other Federal office or agency.

SEC. 102. NATIONAL BOARD FOR EDUCATION RESEARCH, STATISTICS, 
              EVALUATION, AND INFORMATION.

    (a) In General.--The board of directors of the Academy shall be 
known as the ``National Board for Education Research, Statistics, 
Evaluation, and Information''.
    (b) General Functions.--The responsibility of the Board shall be 
to--
            (1) develop a proposal, for submission to the Director, of 
        broad policy and an agenda of the Academy, including, the 
        general areas of research to be carried out by the National 
        Center for Education Research established under section 202(a);
            (2) review and regularly evaluate the work of the Academy 
        to ensure that research, evaluation, and statistical analysis 
        is consistent with standards and definitions of such activities 
        under this Act;
            (3) ensure activities carried out under the Academy are not 
        subject to partisan or political influence; and
            (4) provide advice and expertise to the Director on general 
        policies with respect to the duties of the Academy; and
            (5) carry out other duties and responsibilities pursuant to 
        this Act.
    (c) Composition of Board.--
            (1) Voting members.--The Board shall be composed of 19 
        voting members of whom--
                    (A) 1 member shall be the Commissioner for 
                Education Research appointed under section 203(a);
                    (B) 1 member shall be the Commissioner for Program 
                Evaluation appointed under section 212(a);
                    (C) 1 member shall be the Commissioner for 
                Education Statistics appointed under section 224(a);
                    (D) 1 member shall be the Secretary of Education;
                    (E) 1 member shall be the Director of the National 
                Institute of Child Health and Human Development;
                    (F) 1 member shall be the Director of the Census;
                    (G) 1 member shall be the Commissioner of Labor 
                Statistics;
                    (H) 1 member shall be the President of the National 
                Academy of Sciences;
                    (I) 3 members shall be appointed by the President;
                    (J) 4 members shall be appointed by the Speaker of 
                the House, 2 such members shall be selected from 
                recommendations made by the majority leader of the 
                House and 2 such members shall be selected from 
                recommendations made by the minority leader of the 
                House; and
                    (K) 4 members shall be appointed by the President 
                pro tempore of the Senate, of whom 2 such members shall 
                be selected from recommendations made by the majority 
                leader of the Senate and 2 such members shall be 
                selected from recommendations made by the minority 
                leader of the Senate.
            (2) Appointed membership.--Individuals appointed under 
        subparagraphs (I), (J), and (K) of paragraph (1), shall include 
        individuals from each of the following groups--
                    (A) educators, including classroom teachers, 
                principals, and other school administrators;
                    (B) parents;
                    (C) business leaders; and
                    (D) researchers.
            (3) Terms.--Members of the Board appointed under 
        subparagraphs (I), (J), and (K) of paragraph (1), shall, as 
        designated by a random selection process at the time of 
        appointment, be as follows:
                    (A) 5 years for each of 4 members of the Board;
                    (B) 4 years for each of 4 members of the Board; and
                    (C) 3 years for each of 3 members of the Board.
            (4) Vacancies.--Any vacancy in the Board shall not affect 
        its powers, but shall be filled in the same manner as the 
        original appointment.
            (5) Chairperson.--The Board shall annually elect a 
        Chairperson from among the members of the Board.
            (6) Compensation.--Except as provided in the following 
        sentence, members of the Board shall serve without pay. Members 
        of the Board who are officers or employees of the United States 
        may not receive additional pay, allowances, or benefits by 
        reason of their service on the Board.
            (7) Travel expenses.--The members of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with subchapter I of chapter 57 of 
        title 5, United States Code.
            (8) Executive director and staff.--
                    (A) In general--The Board shall have an Executive 
                Director who shall be appointed by the Board.
                    (B) Staff.--Consistent with title 5, United States 
                Code, the Executive Director may appoint and fix the 
                pay of such staff as the Executive Director determines 
                to be necessary to carry out the functions of the Board 
                which may include, as reasonably required by the 
                Executive Director, the hiring of certain scientific or 
                technical employees for limited periods of time, 
                without regard to the provisions of title 5, United 
                States Code, governing appointment in the competitive 
                service, and the provisions of chapter 51 and 
                subchapter III of chapter 53 of such title relating to 
                classification and General Schedule pay rates.
            (9) Meetings.--The Board shall meet not less than 4 times 
        each year. The Board shall hold additional meetings at the call 
        of the Chairperson of the Board or upon the request in writing 
        of 6 members of the Board.
            (10) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 103. NATIONAL EDUCATION LIBRARY AND CLEARINGHOUSE OFFICE.

    (a) Establishment.--There is established, within the Academy a 
National Education Library and Clearinghouse Office (in this section 
referred to as the ``Library'') which shall be headed by a Deputy 
Director appointed by the Director.
    (b) General Duties.--The duties of the Library shall be to collect, 
assess, and archive all products and publications developed through or 
supported by the Academy, as well as other relevant and useful 
educational related research information, projects, and publications 
developed by the Department of Education, other Federal agencies, or 
other entities, and make such information accessible in a user-
friendly, timely, and efficient manner, including through the Internet, 
to schools, educators, parents, administrators, policymakers, entities 
responsible for carrying out technical assistance through the 
Department of Education, and the general public.
    (c) Additional Requirements.--In carrying out the duties under 
subsection (b), the Deputy Director shall--
            (1) ensure that information disseminated under this section 
        is completed in a cost-effective, nonduplicative manner which 
        may be through the establishment or continuation of individual 
        clearinghouses, to the extent determined appropriate by the 
        Deputy Director; and
            (2) ensure that all information disseminated reflects the 
        best information available from research and practice which, at 
        a minimum, shall include information in the core academic 
        areas, including reading, writing, mathematics, and science.

  TITLE II--NATIONAL CENTERS FOR EDUCATION RESEARCH, EVALUATION, AND 
            STATISTICS; NATIONAL ASSESSMENT GOVERNING BOARD

 Subtitle A--National Centers for Education Research, Evaluation, and 
                               Statistics

           CHAPTER 1--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 201. DECLARATION OF POLICY.

    The Congress declares the following:
            (1) It is the policy of the United States that education is 
        the primary responsibility of the States and the people.
            (2) The role of the Federal Government is to supplement 
        education efforts at the State and the local levels, especially 
        in areas where students are most disadvantaged.
            (3) In particular, the Federal Government has a 
        responsibility to conduct scientifically valid research that 
        will benefit public education generally.
            (4) Education research must be conducted with a minimum of 
        political influence and with utmost integrity and free from 
        ideological agendas.

SEC. 202. ESTABLISHMENT.

    (a) Establishment--There is established, within the National 
Academy for Education Research, Evaluation, Statistics, and Information 
established under title I of this Act, a National Center for Education 
Research (hereafter in this chapter referred to as the ``Center'').
    (b) Mission--The mission of the Center shall be to provide national 
leadership in--
            (1) expanding fundamental knowledge and understanding of 
        education, particularly to improve the teaching and learning of 
        reading, writing, mathematics, science, and other academic 
        subjects;
            (2) using accepted practices of scientific inquiry to 
        obtain knowledge, comprehension or understanding of the truth 
        of a particular educational theory, practice or condition; and
            (3) promoting scientifically valid research findings that 
        can provide the basis for improving academic instruction and 
        learning in the classroom.

SEC. 203. COMMISSIONER; SENIOR SCIENTIST; STAFF.

    (a) Commissioner.--The Center shall be headed by a Commissioner of 
Education Research (hereafter in this chapter referred to as the 
``Commissioner'') who shall be appointed by the President and who--
            (1) shall have substantial knowledge of programs assisted 
        by the Center, including a high level of expertise in the field 
        of research and research management;
            (2) shall be paid in accordance with section 5315 of title 
        5, United States Code; and
            (3) shall serve a term of six years, with the terms to 
        expire every sixth July 1, beginning in 2001.
    (b) Senior Scientist.--The Commissioner shall appoint a Senior 
Scientist to serve as the senior research expert in the Center to 
advise the Commissioner and staff of the Center on--
            (1) scientific and technical standards to govern the 
        activities of the Center and the research it supports;
            (2) the planning and design of programs of research to be 
        supported by the Center;
            (3) the quality and rigor of research supported by the 
        Center; and
            (4) other matters related to ensuring high quality in the 
        activities of the Center.
    (c) Staff.--Consistent with title 5, United States Code, the 
Commissioner may appoint and fix the pay of such staff as the 
Commissioner determines to be necessary to carry out the functions of 
the Center which may include, as reasonably required by the 
Commissioner, the hiring of certain scientific or technical employees 
for limited periods of time, without regard to the provisions of title 
5, United States Code, governing appointment in the competitive 
service, and the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule pay 
rates.

SEC. 204. DUTIES.

    (a) General Duties--The duties of the Commissioner are--
            (1) to maintain published peer review standards and 
        standards for the conduct and evaluation of all research, 
        development, and dissemination carried out under the auspices 
        of the Center pursuant to the provisions of this chapter;
            (2) to approve and carry out the specific long-term 
        priorities as developed by the Committee for Education Research 
        established under section 205 based upon the general priorities 
        set forth by the National Academy for Education Research, 
        Evaluation, Statistics, and Information;
            (3) to develop a research plan, based upon the priorities 
        described in paragraph (2), which shall be carried out pursuant 
        to paragraph (4), and as deemed appropriate by the 
        Commissioner, be updated and modified to reflect findings from 
        the evaluative summaries conducted under subsection (b), the 
        Regional Board Reports described under 208 of the Department of 
        Education Organization Act (20 U.S.C. 3419) (as amended by 
        section 301 of this Act), and other appropriate information;
            (4) to enter into contracts, grants, or cooperative 
        agreements in accordance with section 208(b), at an amount and 
        for a length of time determined to be appropriate by the 
        Commissioner, with eligible research grantees, to carry out 
        scientifically valid research that--
                    (A) is performance-based and subject to objective 
                and measurable indicators, including timelines, that 
                are used to assess the progress and performance of such 
                research;
                    (B) meets the standards of research and peer review 
                described in section 208(a); and
                    (C) includes both basic research and applied 
                research and which shall include research conducted 
                through field-initiated studies and which may include 
                ongoing research initiatives that may be conducted 
                through research and development centers;
            (5) to promote the coordination of scientifically valid 
        research within the Federal Government, and otherwise assist 
        and foster such research, including through active 
        participation in interagency research initiatives;
            (6) to ensure research conducted by the Center is 
        applicable to education practice and policy;
            (7) to synthesize and disseminate, in coordination with the 
        National Education Library and Clearinghouse Office, the 
        findings and results of education research conducted or 
        supported by the Center; and
            (8) to prepare and submit an annual report, as described in 
        section 206, which shall, along with the research priorities, 
        be made available to the public through such means as the 
        Internet.
    (b) Evaluative Summaries of Research Priorities.--In addition to 
the duties described in subsection (a), the Center shall also oversee 
and support the conduct of an evaluative summary of the primary 
education priority areas of each of the National Research and 
Development Centers described in subsection (e), which--
            (1) to the extent determined appropriate by the 
        Commissioner, shall be carried out through national research 
        and development centers;
            (2) shall be completed not later than 1 year after the date 
        of the enactment of this Act; and
            (3) shall be submitted to the Commissioner and the 
        Committee on Educational Research established under section 205 
        to provide assistance on developing and implementing the 
        research plan described in subsection (a)(3).
    (c) Evaluative Summary.--Each evaluative summary undertaken 
pursuant to subsection (b) shall--
            (1) include a detailed description of the findings of the 
        main research and development activities in each of the 
        priority areas of such Center;
            (2) describe how such new knowledge or understanding 
        extends or otherwise relates to what had been previously known 
        or understood;
            (3) describe the implications of such new knowledge or 
        understanding for educational practice and school reform;
            (4) include any development, reform, and other assistance 
        activities which have utilized such knowledge or understanding 
        and the effects of such efforts;
            (5) include a classification of all major research 
        conducted within each such priority area, including all 
        research conducted using Federal funds, into one of not more 
        than 4 classifications which shall be initially developed by 
        the Commissioner within 3 months after the date on which such 
        first Commissioner is appointed, which provides a user-friendly 
        mechanism for parents, educators, policymakers, and the general 
        public to determine the type, reliability, and utility of 
        specific research in accordance with scientifically valid 
        research; and
            (6) include an analysis of the major program activities of 
        the Center in the categories of basic research, applied 
        research, or development, and whether such research meets 
        scientifically based quantitative research standards or 
        scientifically based qualitative standards, as defined in this 
        Act.
    (d) Transition.--For purposes of carrying out the evaluative 
summaries pursuant to subsection (b) and to carry out any other duties 
deemed appropriate by the Commissioner, consistent with this chapter, 
the Commission shall extend any cooperative agreement, grant or 
contract made to a National Research and Development Center (as such 
Center was in existence on the day before the date of the enactment of 
this Act), for a period of not more than two years, after which the 
Commissioner, based upon the priorities of the Center and the research 
plan developed under subsection (a)(3), and the extent to which the 
work of the Center has met the standards of scientifically valid 
research, shall--
            (1) extend or renegotiate such grant, contract or 
        cooperative agreement with such Center for a period not to 
        extend beyond fiscal year 2005; or
            (2) terminate or prohibit the renewal such grant, contract 
        or cooperative agreement.
    (e) Eligible Research Grantee.--In this section, the term 
``eligible research grantee'' means a private or public, for profit, or 
nonprofit research organization, institution, agency, institution of 
higher education, individual, or a consortium thereof, including, but 
not limited to, national research and development centers and regional 
education laboratories for research, development, dissemination, and 
technical assistance with the ability or capacity to carry out 
scientifically valid research.

SEC. 205. COMMITTEE ON EDUCATION RESEARCH.

    (a) Establishment.--There is established, within the Center, a 
Committee for Education Research (hereafter in this chapter referred to 
as the ``Committee'').
    (b) Membership.--
            (1) Qualifications.--The members of the Committee shall be 
        individuals who, by virtue of their training, experience, and 
        background are able to contribute to the mission of the Center 
        described in section 202(b).
            (2) Conflict of interest.--A voting member of the Committee 
        shall be considered a special Government employee for the 
        purposes of the Ethics in Government Act of 1978.
    (c) Appointments.--The Committee shall consist of 7 members 
appointed by the Director of the Academy. A majority of members of the 
Committee shall be experts in scientifically valid research, including 
at least one expert in the field of education and at least one expert 
in an academic discipline other than education.
    (d) Chairperson.--The Committee shall select, on an annual basis, a 
Chairperson from among its appointed members.
    (e) Terms of Office--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the term of office of each voting member of the Committee 
        shall be not more than 6 years.
            (2) Vacancies.--Any individual appointed to fill a vacancy 
        occurring on the Committee prior to the expiration of the term 
        for which the predecessor of the individual was appointed shall 
        be appointed for the remainder of the term. A vacancy shall be 
        filled in the same manner in which the original appointment was 
        made.
            (3) Members first appointed.--The terms of office of the 
        members of the Committee who first take office after the date 
        of the enactment of this Act shall, as designated by a random 
        selection process at the time of appointment, be as follows:
                    (A) 3 years for each of 2 members of the Committee.
                    (B) 4 years for each of 2 members of the Committee.
                    (C) 6 years for each of 3 members of the Committee.
    (f) Meetings of Committee.--
            (1) In general.--The Committee shall meet at least 
        quarterly at the call of the Chairperson and when at least one-
        third of the members of the Committee make a written request to 
        meet.
            (2) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum.
            (3) Open meetings.--The Government in the Sunshine Act (5 
        U.S.C. 552b) shall apply to meetings of the Board.
    (g) Functions.--It shall be the responsibility of the Committee--
            (1) to develop a limited number of specific, long-term 
        priorities to focus and guide the Center's program of research, 
        based upon the general priorities of the Academy;
            (2) in collaboration with the Commissioner, to determine an 
        appropriate strategy for funding research activities;
            (3) to comment on and review the standards of research 
        described in section 208;
            (4) to review the dissemination activities of the Academy 
        to ensure that scientifically valid research is being 
        effectively disseminated to schools and teachers; and
            (5) to review regularly, evaluate, and publicly comment 
        upon--
                    (A) the research activities of the Center; and
                    (B) the state of the quality of Federal education 
                research.
    (h) Additional Responsibilities of Committee.--It shall also be the 
responsibility of the Committee--
            (1) to provide advice and assistance to the Commissioner in 
        carrying out coordination activities with other related 
        agencies;
            (2) to recommend ways for strengthening active partnerships 
        among researchers, educational practitioners, librarians, and 
        policymakers;
            (3)(A) to solicit advice and information from the 
        educational field, to define research needs and suggestions for 
        research topics;
            (B) to involve educational practitioners, particularly 
        teachers, in carrying out subparagraph (A); and
            (4) to provide recommendations for how research conducted 
        by the Center translates findings into workable, adaptable 
        models for use in policy and in practice across different 
        settings, and recommendations for other forms of dissemination.
    (i) Powers of Committee.--In carrying out its functions, powers, 
and responsibilities, the Committee--
            (1) shall, without regard to the provisions of title 5, 
        United States Code, relating to the appointment and 
        compensation of officers or employees of the United States, 
        appoint an executive director who shall assist in carrying out 
        and managing the activities of the Committee and perform such 
        other functions the Committee determines to be necessary and 
        appropriate;
            (2) shall appoint not more than five employees to carry out 
        the duties of the Committee;
            (3) may arrange for the detail of staff personnel and 
        utilize the services and facilities of any department or agency 
        of the Federal Government;
            (4) may enter into contracts, or make other arrangements as 
        may be necessary to carry out its functions;
            (5) may review and comment on any grant, contract, or 
        cooperative agreement made or entered into by the Center;
            (6) may, to the extent otherwise permitted by law, obtain 
        directly from any Federal department or agency such information 
        as the Committee deems necessary to carry out its 
        responsibilities; and
            (7) shall establish such rules and procedures to govern its 
        operations as it considers appropriate, to the extent otherwise 
        permitted by law.

SEC. 206. REPORT.

    Not later than December 31 of each year, the Commissioner shall 
transmit to the President, the appropriate congressional committees and 
be made widely available to the public through such means as the 
Internet, a report that contains--
            (1) a description of the activities carried out by and 
        through the Center during the prior fiscal year;
            (2) a detailed summary of each grant, contract, and 
        cooperative agreement funded during the prior fiscal year, 
        including, at a minimum, the amount of funds, duration, 
        recipient, purpose, goal, and object of the funds in meeting 
        the mission of the Center, the products completed through such 
        funds, and an evaluation of the use of such funds, which shall 
        be available in a user-friendly electronic database;
            (3) a description of how the activities of the Center 
        comply with scientifically valid research consistent with the 
        provisions of this chapter and have otherwise contributed to 
        the mission of the Center as described under section 202(b); 
        and
            (4) such additional comments, recommendations, and 
        materials as the Director of the Academy considers appropriate.

SEC. 207. AUTHORITY TO PUBLISH.

    (a) In General.--The Commissioner is authorized to prepare and 
publish such information, reports, and documents as may be of value in 
carrying out the purposes of this chapter and are consistent with the 
purpose and mission of the Center as described in section 202(b).
    (b) Quality Assurance.--In carrying out such authority, the 
Director shall ensure all such information and reports--
            (1) are subjected to rigorous peer review prior to being 
        published or otherwise made available by the Academy; and
            (2) include the names of its peer reviewers;
            (3) are based upon standards described in section 208;
            (4) are categorized by the level of research the program or 
        practice has achieved as described in section 204(b); and
            (5) include information on the amount of Federal assistance 
        provided.

SEC. 208. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.

    (a) In General.--In carrying out its duties under this chapter, the 
Center shall--
            (1) ensure all research conducted under the direction of 
        the Center follows the standards of valid scientific research;
            (2) ensure that the findings of all research conducted 
        under the direction of the Center are published in a 
        recognized, peer-reviewed journal;
            (3) develop such other standards as may be necessary to 
        govern the conduct and evaluation of all research, development, 
        and dissemination activities carried out by the Center to 
        assure that such activities meet the highest standards of 
        professional excellence;
            (4) review the procedures utilized by the National 
        Institutes of Health, the National Science Foundation, and 
        other Federal departments or agencies engaged in research and 
        development and also actively solicit recommendations from 
        research organizations and members of the general public in the 
        development of such other standard described in paragraph (3); 
        and
            (5) require research to comply with Federal guidelines 
        relating to research misconduct.
    (b) Awarding of Funds.--In the case of research that is carried out 
through grants, contracts, or cooperative agreements, the Center, at a 
minimum, shall--
            (1) require that a process of open competition be used in 
        awarding or entering into all grants, contracts, and 
        cooperative agreements under this chapter;
            (2) require that a system of peer review of highly 
        qualified individuals with an in-depth knowledge of the subject 
        to be investigated be utilized by the Academy--
                    (A) for reviewing and evaluating all applications 
                for grants and cooperative agreements and bids for 
                those contracts which exceed $100,000; and
                    (B) for evaluating and assessing the performance of 
                all recipients of grants from and cooperative 
                agreements and contracts with the Center;
            (3) describe the general procedures which shall be used by 
        each peer review panel in its operations;
            (4) describe the procedures which shall be utilized in 
        evaluating applications for grants, proposed cooperative 
        agreements, and contract bids and specify the criteria and 
        factors which shall be considered in making such evaluations; 
        and
            (5) require that the performance of all recipients of 
        grants from and contracts and cooperative agreements with the 
        Center shall be periodically evaluated, both during and at the 
        conclusion of their receipt of assistance.

           CHAPTER 2--NATIONAL CENTER FOR PROGRAM EVALUATION

SEC. 211. ESTABLISHMENT.

    (a) Establishment--There is established, within the National 
Academy for Education Research, Evaluation, Statistics, and Information 
established under title I of this Act, a National Center for Program 
Evaluation (hereafter in this chapter referred to as the ``Center'').
    (b) Mission--The mission of the Center shall be to conduct 
evaluations of Federal education programs to determine the impact of 
such programs, especially on student outcomes.

SEC. 212. COMMISSIONER; STAFF.

    (a) Commissioner.--The Center shall be headed by a Commissioner for 
Program Evaluation (hereafter in this chapter referred to as the 
``Commissioner'') who shall be appointed by the President and who--
            (1) should possess a demonstrated capacity for sustained 
        productivity and leadership in program evaluation and 
        development, and should be an individual who is technically 
        competent in conducting sound program evaluations;
            (2) shall oversee all evaluation and development activities 
        of the Center, the awarding of contracts, the development of 
        evaluation methodology, reporting the findings of evaluations 
        to the public and Congress, and other duties essential to 
        carrying out the mission of the Center; and
            (3) shall serve a term of six years.
    (b) Staff.--
            (1) In general.--Consistent with title 5, United States 
        Code, the Commissioner may appoint and fix the pay of such 
        staff as the Commissioner determines to be necessary to carry 
        out the functions of the Center which may include, as 
        reasonably required by the Commissioner, the hiring of certain 
        scientific or technical employees for limited periods of time, 
        without regard to the provisions of title 5, United States 
        Code, governing appointment in the competitive service, and the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        such title relating to classification and General Schedule pay 
        rates.
            (2) Reappointment.--The Commissioner may reappoint an 
        employee described in paragraph (1) for 1 additional term not 
        to exceed three years if determined necessary by the 
        Commissioner.

SEC. 213. DUTIES.

    (a) General Duties.--
            (1) In general.--The duties of the Center are--
                    (A) to evaluate programs under title I of the 
                Elementary and Secondary Education Act of 1965;
                    (B) to evaluate other Federal education programs, 
                as determined by the Director of the Academy;
                    (C) to evaluate education programs, on a 
                contractual basis for other Federal or State agencies; 
                and
                    (D) to oversee all contracting and personnel 
                activities of the Center.
            (2) Additional requirements.--Each evaluation conducted by 
        the Center pursuant to paragraph (1) shall adhere to the 
        highest possible standards of quality for conducting sound 
        program evaluation with respect to research design, statistical 
        analysis, and the dissemination of findings as described in 
        section 2(7) of this Act.
    (b) Administration of Evaluations Under Title I of the Elementary 
and Secondary Education Act of 1965.--
            (1) In general.--The Center 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 of Education as of the date of the enactment of this 
        Act. These evaluations are to include--
                    (A) the national assessment of title I of such Act 
                in accordance with paragraph (3);
                    (B) a longitudinal evaluation of the effectiveness 
                of school interventions in accordance with paragraph 
                (4); and
                    (C) national longitudinal surveys of schools.
            (2) Quality standards.--Each evaluation administered under 
        this subsection shall conform to the extent possible to the 
        sound program evaluation standards defined under section 2(7). 
        The Commissioner shall determine if evaluation designs and 
        methodology are sound, the extent to which it is reasonable for 
        the evaluation to conform to such standards, and implement any 
        necessary changes.
            (3) National assessment of title i.--The national 
        assessment of title I of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6301 et seq.) shall examine in 
        accordance with the standards under paragraph (2)--
                    (A) the impact of the programs carried out under 
                part A of title I of the Elementary and Secondary 
                Education Act of 1965 upon increasing student academic 
                achievement;
                    (B) the impact of State standards, assessments, and 
                accountability systems developed under part A of title 
                I of the Elementary and Secondary Education Act of 1965 
                on improving student achievement and on the quality of 
                education programs and instruction at the local level;
                    (C) the effectiveness of schoolwide programs and 
                targeted assistance programs, as compared to one 
                another, upon improving student academic achievement;
                    (D) the effectiveness of different comprehensive 
                school reform models funded under title I of the 
                Elementary and Secondary Education Act of 1965 on 
                improving achievement of disadvantaged students;
                    (E) the cost-effectiveness of interventions funded 
                under part A of title I of the Elementary and Secondary 
                Education Act of 1965;
                    (F) the effects of school choice on the academic 
                achievement of educationally disadvantaged students 
                attending schools in need of improvement as defined 
                under part A of title I of the Elementary and Secondary 
                Education Act of 1965;
                    (G) the impact of the professional development 
                activities supported under title I of the Elementary 
                and Secondary Education Act of 1965 on instruction and 
                student performance;
                    (H) the extent to which the resources provided 
                under title I of the Elementary and Secondary Education 
                Act of 1965 are targeted to disadvantaged students; and
                    (I) the effectiveness of Federal administration, 
                including monitoring and technical assistance.
            (4) National longitudinal study of effectiveness of school 
        interventions.--The Center shall carry out the ongoing 
        longitudinal study of schools administered by the Secretary of 
        Education and ensure that it provides the Congress and 
        educators described in part A of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) with 
        the following:
                    (A) An accurate description and analysis of its 
                short-term and long-term effectiveness upon academic 
                performance.
                    (B) A measure of the cost-effectiveness of title I 
                of such Act in improving student academic achievement.
                    (C) A measure of the extent to which the changes 
                made to part A of title I of the Elementary and 
                Secondary Education Act of 1965 since 1994 have 
                resulted in increased student academic achievement.
                    (D) An analysis of educational practices or model 
                programs which are the most effective in improving the 
                achievement of disadvantaged children.
                    (E) An analysis of the cost-effectiveness of 
                different interventions used to improve the achievement 
                of disadvantaged children.
                    (F) A stratified sample of school participating in 
                programs under title I of such Act and shall ensure 
                that different types of models or strategies for 
                delivering schools services are analyzed, such as--
                            (i) schoolwide and targeted services under 
                        title I of such Act; and
                            (ii) comprehensive school reform models.
                    (G) An analysis of cohorts of students within the 
                stratified sample of schools for at least five years 
                which study, when the cohorts are taken as a whole, 
                provides a picture of such program's effectiveness over 
                the elementary and secondary grades.
                    (H) An analysis that includes, to the extent 
                possible, students who transfer to different schools 
                during the course of the study.
                    (I) An analysis of the effect of the summer break 
                on maintaining and building on achievement gains from 
                one year to the next, and the effect of summer school 
                on narrowing achievement gaps.

SEC. 214. INDEPENDENT REVIEW PANELS.

    (a) Establishment.--The Commissioner may establish 1 or more 
independent review panels (hereafter in this section referred to as 
``panels'') for each evaluation, or a set of evaluations, described in 
section 213, in order to assist the Center in carrying out the 
evaluation under such section. In carrying out each such evaluation, 
the Center and the panel shall consult with the appropriate program 
office within the Department of Education.
    (b) Membership.--
            (1) In general.--Each panel shall consist of not more than 
        15 members, and shall be selected by the Director in 
        consultation with the Commissioner and shall include--
                    (A) individuals who are specialists in statistics, 
                evaluation, research and assessment, of which, in order 
                to ensure diversity, the majority shall represent 
                disciplines or programs outside of the field of 
                education;
                    (B) 2 chief State school officers who shall not be 
                members of the same political party;
                    (C) 2 school district superintendents who shall not 
                be members of the same political party; and
                    (D) other individuals with expertise who would 
                contribute to the overall rigor and quality of the 
                program evaluation.
    (c) Terms of Office.--The term of office of each member of a panel 
shall be for the duration of the evaluation the member is appointed to 
oversee.
    (d) Powers.--Each panel shall--
            (1) ensure that the evaluations are sound, ask meaningful 
        and important questions, and are timely;
            (2) oversee the evaluation as carried out by the Center or 
        its contractors; and
            (3) ensure that each evaluation is reviewed within 3 months 
        of its completion by 3 independent experts in program 
        evaluation to evaluate and comment on the degree to which it 
        complies with sound program evaluation standards.
Such comments received under paragraph (3) shall be printed with the 
final version of the findings of the evaluation, along with any 
response by the Commissioner of the Center.

          CHAPTER 3--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC 221. SHORT TITLE.

    This chapter may be cited as the ``National Education Statistics 
Act of 2000''.

SEC. 222. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) A Department of Education was established in 1867 ``for 
        the purpose of collecting such statistics and facts as shall 
        show the condition and progress of education in the several 
        States and territories, and of diffusing such information 
        respecting the 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 United States''.
            (2) Today, while the role of the current Department of 
        Education is much broader, the National Center for Education 
        Statistics continues to perform those crucial original 
        purposes.
            (3) It is paramount that the collecting, analyzing, and 
        reporting of information and statistics be done in a manner 
        that is objective and free of partisan and political influence, 
        and that such activities can be most effectively carried out by 
        a National Center for Education Statistics that is located 
        within an independent National Academy for Education Research, 
        Statistics, Evaluation, and Information insulated from the 
        Department of Education.
            (4) The availability of valid, reliable and timely data, 
        delivered in widely accessible formats, provides policymakers, 
        educators, parents, and the public with information for making 
        key decisions about education in their States and local school 
        districts.
            (5) As schools, school districts, States, the Department of 
        Education, and the Academy continue to move to performance-
        based systems, in which accountability and improvement efforts 
        are driven by student and school outcomes, comprehensive and 
        accurate information and data on such outcomes become 
        increasingly important.
            (6) Recent technological advances permit more efficient and 
        effective strategies for the collection, analysis, reporting 
        and dissemination, and warehousing of data, thereby enhancing 
        the timeliness and usability of the data by the public.
            (7) Entering 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 the Nation's educational systems.
    (b) Purpose.--The purpose of this chapter is to ensure the 
continuation of an effective mechanism, free of partisan and political 
influence, 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.

SEC. 223. ESTABLISHMENT.

    (a) Establishment.--There is established, within the Academy 
established under title I of this Act, a National Center for Education 
Statistics (hereafter in this chapter referred to as the ``Center'').
    (b) Mission--The mission of the Center shall be--
            (1) to collect and analyze education information and 
        statistics under this Act in a manner that meets the highest 
        methodological standards;
            (2) to report education information and statistics under 
        this Act in a timely manner; and
            (3) to collect, analyze, and report education information 
        and statistics under this Act in a manner that--
                    (A) is objective and free of partisan and political 
                influence; and
                    (B) is relevant and useful to practitioners, 
                researchers, policymakers, and the public.

SEC. 224. COMMISSIONER; DEPUTY COMMISSIONER AND ASSOCIATE 
              COMMISSIONERS; STAFF.

    (a) Commissioner.--The Center shall be headed by a Commissioner for 
Education Statistics (hereafter in this chapter referred to as the 
``Commissioner'') who shall be appointed by the President and who--
            (1) shall have substantial knowledge of programs assisted 
        by the Center;
            (2) shall be paid in accordance with section 5315 of title 
        5, United States Code; and
            (3) shall serve a term of six years, with the terms to 
        expire every sixth July 1, beginning in 2001.
    (b) Deputy Commissioner and Associate Commissioners.--The 
Commissioner may appoint a Deputy Commissioner and such Associate 
Commissioners as the Commissioner determines are necessary and 
appropriate.
    (c) Staff.--
            (1) In general.--The Commissioner may appoint, for terms 
        not to exceed three years (without regard to the provisions of 
        title 5, United States Code, governing appointment in the 
        competitive service) such statistical experts of the Center as 
        the Commissioner considers necessary to accomplish the Center's 
        mission, provided that--
                    (A) prior to the appointment of any such employee, 
                public notice is given of the availability of such 
                position and an opportunity is provided for qualified 
                individuals to apply and compete for such position;
                    (B) the appointment of such employee is necessary 
                to provide the Center with scientific and technical 
                expertise which could not otherwise be obtained by the 
                Center through the competitive service; and
                    (C) the total number of such employees does not 
                exceed 10 percent of the number of full-time 
                professional employees of the Center.
            (2) Reappointment of employees--The Commissioner may 
        reappoint employees described in paragraph (1) upon 
        presentation of clear and convincing evidence of need, for one 
        additional term not to exceed three years. All such employees 
        shall work on activities of the Center and shall not be 
        reassigned to other duties outside the Center during their 
        term.

SEC. 225. DUTIES.

    (a) General Duties.--The duties of the Center are to collect, 
analyze, and disseminate statistics and other information related to 
education in the United States and in other nations, including--
            (1) collecting, acquiring, compiling (where appropriate, on 
        a State by State basis), and disseminating full and complete 
        statistics on the condition and progress of education, at the 
        preschool, elementary, secondary, and postsecondary, and adult 
        levels in the United States, including data on--
                    (A) State and local education reform activities;
                    (B) student achievement at all levels of education;
                    (C) secondary school completions, dropouts, and 
                adult literacy;
                    (D) educational access to and opportunity for 
                postsecondary education, including data on financial 
                aid to postsecondary students;
                    (E) teaching, including data on course-taking, 
                instruction, the conditions of the education workplace, 
                and the supply of, and demand for, teachers, which may 
                include data on the proportions of women and men, 
                cross-tabulated by race or ethnicity, teaching in 
                subjects in which such individuals have been 
                historically underrepresented;
                    (F) the learning and teaching environment, 
                including data on libraries;
                    (G) 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;
                    (H) the financing and management of education, 
                including data on revenues and expenditures;
                    (I) the social and economic status of children 
                relative to academic achievement; and
                    (J) technology in the classroom;
            (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) collecting, analyzing, cross-tabulating, and reporting, 
        to the extent feasible, so as to provide information by gender, 
        race, socioeconomic status, limited-English proficiency, and 
        other population characteristics when such disaggregated 
        information would facilitate educational and policy 
        decisionmaking;
            (5) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities; and
            (6) acquiring and disseminating data on educational 
        activities and student achievement (such as the Third 
        International Math and Science Study) in the United States 
        compared with foreign nations.
    (b) Performance Management.--The Commissioner shall make customer 
service a priority and shall ensure a high level of customer 
satisfaction through--
            (1) establishing and improving feedback mechanisms in order 
        to anticipate customer needs;
            (2) disseminating information in a timely fashion, and in 
        formats that are easily accessible and usable by researchers, 
        practitioners, and the general public;
            (3) utilizing the most modern technology and other methods 
        available, including arrangements to use data collected 
        electronically by States and local educational agencies, to 
        ensure the efficient collection and timely distribution of 
        information, including data and reports;
            (4) establishing, and measuring the Center's performance 
        against, a set of indicators for the quality of data collected, 
        analyzed, and reported by the Center;
            (5) continuously improving the management strategies and 
        practices of the Center; and
            (6) making data available to the public in an expeditious 
        fashion.
    (c) 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 appoint such employees as temporary fellows at the Center in order 
to assist the Center in carrying out its duties.

SEC. 226. PERFORMANCE OF DUTIES.

    (a) Grants, Contracts, and Cooperative Agreements.--
            (1) In general.--In carrying out the duties of the Center 
        under this chapter, the Commissioner may award grants, and 
        enter into contracts and cooperative agreements.
            (2) 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 five years, and may be renewed at the discretion 
        of the Commissioner for an additional period of not more than 
        five years.
    (b) Gathering Information.--
            (1) Authority over implementation of data collection.--
        Except with respect to the National Assessment of Educational 
        Progress carried out under subtitle B of this title, the 
        Commissioner shall have final authority within the Academy with 
        respect to decisions regarding the implementation of data 
        collection activities, including the appropriateness of 
        specific collection methodologies.
            (2) Sampling.--The Commissioner may use the statistical 
        method known as sampling to carry out the purpose of this 
        chapter.
            (3) Source of information.--The Commissioner may, as the 
        Commissioner considers appropriate, use information collected--
                    (A) from States, local educational agencies, public 
                and private schools, preschools, 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 (including 
                information collected by States and local educational 
                agencies for their own use);
                    (B) by other offices within the Academy and by 
                other Federal departments, agencies, and 
                instrumentalities.
            (4) 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.
            (5) 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 the Department 
                of Education offices that gather data for statistical 
                purposes; and
                    (B) coordinate closely with other Department of 
                Education offices in the collection of data.
            (6) Additional requirement.--To assure adequate 
        notification, the Commissioner shall notify the sources of 
        information and others identified in paragraph (3) of--
                    (A) the hardware and software requirements for 
                electronic submission of data in a reasonable amount of 
                time in advance of new collection activities for which 
                electronic submission will be required, but not less 
                than six months prior thereto; and
                    (B) any new requirements for data collection and 
                submissions in a reasonable amount of time prior to the 
                period for which the new data collection is required, 
                but not less than six months prior thereto.

SEC. 227. REPORTS.

    (a) Report on Condition and Progress of Education.--The 
Commissioner shall, not later than June 1, 2001, and each succeeding 
June 1 thereafter, submit to the President and the appropriate 
congressional committees, 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 the appropriate congressional 
committees 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.
    (d) Procedures for Issuance of Reports.--The Commissioner shall 
establish procedures 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 
political influence.

SEC. 228. ADVISORY COUNCIL FOR EDUCATION STATISTICS.

    (a) Establishment.--There is established, within the Center, an 
Advisory Council for Education Statistics (hereafter in this chapter 
referred to as the ``Council'').
    (b) Membership.--
            (1) Composition.--The Council shall be composed of--
                    (A) 18 voting members who are users of education 
                data and who are appointed by the Director of the 
                Academy on the basis of their experience and eminence 
                within the field of education, of whom at least--
                            (i) three shall be practicing educators;
                            (ii) three shall be education policymakers;
                            (iii) three shall be professional 
                        statisticians;
                            (iv) three shall be education researchers; 
                        and
                            (v) three shall be experts in educational 
                        measurement;
                    (B) three individuals representing the general 
                public, appointed by the Director of the Academy;
                    (C) the Director of the Census and the Commissioner 
                of Labor Statistics, as voting, ex officio members; and
                    (D) the Commissioner for Education Statistics and 
                the Director of the Academy, as nonvoting, ex officio 
                members.
            (2) Presiding officer.--The Commissioner 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 three-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 six 
        members in the same calendar year.
            (4) Meetings.--
                    (A) In general.--The Council shall meet in public 
                session at the call of the presiding officer, except 
                that the Council shall meet--
                            (i) at least two times during each calendar 
                        year; and
                            (ii) in addition, whenever ten voting 
                        members request in writing that the presiding 
                        officer call a meeting.
                    (B) Quorum.--Eleven voting members of the Council 
                shall constitute a quorum.
    (c) Staff.--The Council shall appoint a staff of not more than six 
individuals with technical expertise to enable the Council to carry out 
its duties.
    (d) Duties.--The Council shall--
            (1) review and advise the Commissioner on--
                    (A) general policies for the operation and 
                activities of the Center;
                    (B) standards to ensure that statistics and other 
                information disseminated by the Center are of high 
                quality and are not subject to partisan or political 
                influence;
                    (C) standards for peer review of statistical 
                research;
                    (D) the development of the data quality indicators 
                under section 225(b)(4); and
                    (E) the extent to which the data collected and 
                reported by the Center respond to customer needs;
            (2) annually submit to the Board, the President, and the 
        appropriate congressional committees a report on the quality 
        and usefulness of data collected and reported by the Center, 
        and on any other issues requiring public attention; and
            (3) advise the Commissioner on technical and statistical 
        matters related to activities over which the Center has 
        responsibility.

SEC. 229. 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 
        chapter. 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 chapter for any purpose other than 
                a statistical purpose;
                    (B) make any publication whereby the data furnished 
                by any particular person under this chapter 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 chapter, shall require, for 
        any reason, copies of reports that have been filed under this 
        chapter 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 the Center's 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.
            (2) Employee or staff violations.--Whoever, being or having 
        been an employee or staff member of the Center, having taken or 
        subscribed the oath of office, or having sworn to observe the 
        limitations imposed by subsection (a)(2) of this section, 
        knowingly publishes or communicates any individually 
        identifiable information, the disclosure of which is prohibited 
        by subsection (a)(2) of this section, and that comes into such 
        employee or staff's possession by reason of employment (or 
        otherwise providing services) under this chapter, shall be 
        found guilty of a class E felony and imprisoned for not more 
        than five 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 the Center's 
        responsibilities, but only if such temporary staff are sworn to 
        observe the limitations imposed by this section.
            (4) Information requirements.--No collection of information 
        or data acquisition activity undertaken by the Center shall be 
        subject to any review, coordination, or approval procedure 
        except as required by the Director of the Office of Management 
        and Budget under the rules and regulations established pursuant 
        to chapter 35 of title 44, United States Code, except such 
        collection of information or data acquisition activity may be 
        subject to review or coordination if the Commissioner 
        determines that such review or coordination is beneficial.
            (5) 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.
            (6) 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) of this section, shall be found 
        guilty of a class E felony and imprisoned for not more than 
        five years, or fined as specified in section 3571 of title 18, 
        United States Code, or both.
            (7) Access to reports or records.--Nothing in this section 
        shall restrict the right of the Director, 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 
        (6) shall apply to such individuals.

SEC. 230. 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 appropriate congressional 
committees, may request.
    (c) Joint Statistical Projects.--The Commissioner may engage in 
joint statistical projects related to the purposes of this chapter, 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 Commissioner.
    (d) Fees.--
            (1) In general.--Statistical compilations and surveys under 
        this section, other than those carried out pursuant to 
        subsections (b) and (c) of this section, may be made subject to 
        the payment of the actual or estimated cost of such work.
            (2) Funds received.--All funds received in payment for work 
        or services described in this subsection may be used to pay 
        directly the costs of such work or services, to repay 
        appropriations that initially bore all or part of such costs, 
        or to refund excess sums when necessary.
    (e) Access.--
            (1) Other agencies.--The Center shall, consistent with 
        section 229, cooperate 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 Commissioner may 
        prescribe, provide all interested parties, including public and 
        private agencies, parents and other individuals, direct access, 
        in the most appropriate form (including, where possible, 
        electronically), to data collected by the Center for the 
        purposes of research and acquiring statistical information.

SEC. 231. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    (a) Establishment.--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 early childhood 
education, elementary and secondary education, adult 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.
    (b) Postsecondary Groups.--
            (1) Establishment.--The Commissioner may establish one or 
        more groups composed of individuals representing postsecondary 
        education agencies and all sectors of postsecondary education 
        institutions to provide advice and recommendations for 
        producing postsecondary education data that are useful for 
        policymakers, including Congress, at the Federal, State, and 
        local levels. Such groups shall include both providers and 
        users of postsecondary education data, and shall make 
        recommendations for the use of appropriate technologies in 
        collection and dissemination of data, and advise on how data 
        collection requirements can be made more efficient and cost 
        effective for institutions.
            (2) Administration.--In carrying out this section, the 
        Commissioner may provide technical assistance, and make grants 
        and enter into contracts and cooperative agreements.

Subtitle B--National Assessment Governing Board and National Assessment 
                        of Educational Progress

             CHAPTER 1--NATIONAL ASSESSMENT GOVERNING BOARD

SEC. 251. NATIONAL ASSESSMENT GOVERNING BOARD.

    (a) Establishment.--There is established, within the Academy, the 
National Assessment Governing Board which shall formulate policy and 
carry out the National Assessment of Educational Progress described in 
section 252.
    (b) Membership.--
            (1) Existing members.--Individuals serving on the National 
        Assessment Governing Board on the day before the date of the 
        enactment of this Act shall continue to serve in such capacity 
        until the expiration of their term of appointment.
            (2) Appointment and composition.--Upon the expiration of an 
        existing member's term on the National Assessment Governing 
        Board and in accordance with subsection (d), the Director of 
        the Academy shall appoint members to such Board to 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) two members of a State board of education;
                    (E) one superintendent of a local educational 
                agency;
                    (F) one member of a local board of education;
                    (G) three classroom teachers representing the grade 
                levels at which the National Assessment of Educational 
                Progress 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.
            (3) Ex officio members.--The Commissioner of Education 
        Statistics and the Director of the Academy shall serve as ex 
        officio, nonvoting members of the Board.
            (4) Special rule.--The Director of the Academy shall ensure 
        at all times that the membership of the Board reflects 
        regional, racial, gender, and cultural balance and diversity. 
        The Board shall exercise its independent judgment, free from 
        inappropriate influences and special interests.
    (c) Terms.--
            (1)(A) In general.--Terms of service of members of the 
        Board shall be staggered and may not exceed a period of 4 
        years.
            (B) Transition rule.--Notwithstanding paragraph (2), 
        subparagraph (A) shall take effect on the date of the enactment 
        of this Act, except that members of the Board who were 
        appointed and granted a 3-year term of service by the Secretary 
        of Education before such date, and who are members on such 
        date, shall be granted a 1-year extension of such term.
            (2) Service limitation.--Except for a 1-year extension 
        provided in paragraph (1)(B), members of the Board may serve 
        not more than 2 consecutive terms.
            (3) Change of status.--A member of the Board who changes 
        status under subsection (b) of this section during the term of 
        the appointment of the member may continue to serve as a member 
        until the expiration of such term.
    (d) Vacancies.--
            (1) In general.--
                    (A) The Director of the Academy shall appoint new 
                members to fill vacancies on the Board from among 
                individuals who are nominated by organizations 
                representing the type of individuals described in 
                subsection (b)(1) with respect to which the vacancy 
                exists.
                    (B) Each organization submitting nominations to the 
                Director of the Academy with respect to a particular 
                vacancy shall nominate for such vacancy 6 individuals 
                who are qualified by experience or training to fill the 
                particular Board vacancy.
            (2) Additional nominations.--The Director of the Academy 
        may request that each organization described in paragraph 
        (1)(A) submit additional nominations if the Director determines 
        that none of the individuals nominated by such organization 
        have appropriate knowledge or expertise.
    (e) Authority.--
            (1) In general.--In carrying out its responsibilities to 
        formulate policy and carry out the National Assessment of 
        Educational Progress, the Board shall have authority to--
                    (A) publish notices in the Federal Register and the 
                Commerce Business Daily;
                    (B) review and approve for publication or public 
                dissemination articles, reports, brochures, speeches, 
                books, and other documents;
                    (C) make, enter into, and perform contracts, 
                leases, or other similar transactions in furtherance of 
                the functions and responsibilities of the Board;
                    (D) obligate funds allocated and allotted to the 
                National Assessment Governing Board;
                    (E) perform personnel functions necessary to 
                appoint and fix compensation of officers and employees 
                and to appoint excepted service personnel and to obtain 
                the services of experts and consultants;
                    (F) make determinations regarding conflicts of 
                interest; and
                    (G) solicit, accept, hold, administer, and utilize 
                gifts, bequests, and devises of money, property, both 
                real and personal, or unconditional gifts of services.
            (2) Establishment of Policy.--In establishing policy for 
        the National Assessment of Educational Progress, the Board 
        shall--
                    (A) select subject areas to be assessed (consistent 
                with section 252(c)(1));
                    (B) develop appropriate student performance levels 
                as provided in section 252(f);
                    (C) develop assessment objectives and test 
                specifications through a national consensus approach 
                which includes the active participation of teachers, 
                curriculum specialists, State boards of education, 
                local school boards, local school administrators, 
                parents, and concerned members of the public;
                    (D) design the methodology of the assessment, in 
                consultation with appropriate technical experts;
                    (E) develop guidelines for reporting and 
                disseminating results;
                    (F) develop standards and procedures for 
                interstate, regional, and national comparisons; and
                    (G) take appropriate actions needed to improve the 
                form and use of the National Assessment of Educational 
                Progress.
            (3) Delegation.--The Board may delegate any of the Board's 
        procedural and administrative functions to its staff.
            (4) Cognitive and noncognitive items.--The Board shall have 
        final authority on the appropriateness of cognitive and 
        noncognitive items.
            (5) Prohibition against bias.--The Board shall take steps 
        to ensure that all items selected for use in the National 
        Assessment of Educational Progress are free from racial, 
        cultural, gender, or regional bias.
            (6) Technical.--In carrying out the duties required by 
        paragraph (2), the Board may seek technical advice, as 
        appropriate, from the Commissioner of Education Statistics and 
        the Advisory Council on Education Statistics and other experts.
            (7) Report.--Not later than 90 days after an evaluation of 
        the student performance levels under section 252(f), the Board 
        shall make a report to the Director of the Academy, the 
        Committee on Education and the Workforce of the House of 
        Representatives, and the Committee on Health, Education, Labor, 
        and Pensions of the Senate describing the steps the Board is 
        taking to respond to each of the recommendations contained in 
        such evaluation.
    (f) Personnel.--
            (1) In general.--In the exercise of its responsibilities, 
        the Board shall be independent of the Director and the other 
        offices and officers of the Academy.
            (2) Staff.--
                    (A) The Board may appoint such staff as will enable 
                the Board to carry out its responsibilities.
                    (B) Such appointments may include, for terms not to 
                exceed 3 years and without regard to the provisions of 
                title 5, United States Code, governing appointments in 
                the competitive service, technical employees 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) Administration.--Section 10, 11, and 12 of the Federal Advisory 
Committee Act shall apply with respect to the Board.

SEC. 252. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    (a) Establishment.--The National Assessment Governing Board shall 
establish policy and carry out, through grants, contracts, or 
cooperative agreements with 1 or more qualified entities, or consortia 
thereof, a National Assessment of Educational Progress. The National 
Assessment of Education Progress collectively refers to a long-term 
trend assessment, national assessment, and State assessments.
    (b) Purpose; Long-Term Trend Assessment, National Assessments, and 
State Assessments.--The purpose of the National Assessment of 
Educational Progress is to provide a fair and accurate presentation of 
educational achievement in reading, writing, mathematics, and science, 
and as time and resources permit, the additional subjects of United 
States history, geography, and civics.
    (c) Duties.--
            (1) In general.--The National Assessment Governing Board, 
        in carrying out the National Assessment of Educational 
        Progress, 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). The Board, in accordance 
        with an assessment and reporting schedule developed and 
        published by the Board, shall--
                    (A) conduct a long-term trend assessment for 
                purposes of tracking long-term national trends, collect 
                and report data on a periodic basis, but at least every 
                4 years, for students at ages 9, 13, and 17 in reading, 
                mathematics, and science and in grades 4, 8, and 11 in 
                writing;
                    (B) for purposes of collecting data on student 
                achievement based on frameworks developed by the Board 
                under section 251(e)(2), conduct a national assessment 
                each year and State assessments not less than once 
                every 4 years in each subject tested as part of the 
                National Assessment of Educational Progress in grades 
                4, 8, and 12 in public and private schools;
                    (C) report achievement data on a basis that ensures 
                valid and reliable trend reporting;
                    (D) include information on special groups, 
                including, whenever feasible, information collected, 
                cross-tabulated, analyzed, and reported by sex, race or 
                ethnicity and socioeconomic status;
                    (E) ensure that initial assessment results are 
                reported to the public on a timely basis, but in no 
                event later than 6 months after such assessments are 
                administered;
                    (F) ensure that achievement data are made available 
                on a timely basis following official reporting, in a 
                manner that facilitates further analysis; and
                    (G) provide assistance to interested States that 
                wish to compare their State assessments to the National 
                Assessment of Educational Progress.
            (2) State assessments.--
                    (A)(i) The National Assessment Governing Board, in 
                carrying out the National Assessment of Educational 
                Progress, may conduct State assessments of student 
                achievement in grades 4, 8, and 12.
                    (ii) Each such State assessment, in each subject 
                area and at each grade level, shall be conducted in a 
                manner that will produce high-quality data that are 
                valid and reliable.
                    (B)(i) A State wishing to participate in a State 
                assessment shall enter into an agreement with the Board 
                pursuant to subsection (e)(2).
                    (ii) Such agreement shall contain information 
                sufficient to give States full information about the 
                process for consensus decision making on objectives to 
                be tested, and the standards for sampling, test 
                administration, test security, data collection, 
                validation, and reporting.
                    (C) 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 of Educational Progress, the National Assessment 
        Governing Board 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 of Educational Progress, the Board may provide 
        technical assistance to States, localities, and other parties.
    (d) 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 of Educational Progress.
            (2) Personally identifiable information.--
                    (A) The National Assessment Governing Board shall 
                ensure that all personally identifiable information 
                about students, their educational performance, and 
                their families, and information with respect to 
                individual schools, remains confidential, in accordance 
                with section 552a of title 5, United States Code.
                    (B) The National Assessment Governing Board shall 
                not maintain a system of records containing a student's 
                name, birth information, social security number, or 
                parent's name or names.
                    (C)(i) Notwithstanding any other provision of law, 
                the National Assessment Governing Board may decline to 
                make available to the public for a period, not to 
                exceed 10 years after initial use, cognitive questions 
                that the National Assessment Governing Board intends to 
                reuse in the future.
                    (ii) Notwithstanding clause (i), the National 
                Assessment Governing Board may decline to make 
                available cognitive items for periods longer than 10 
                years if the Board determines that it is necessary to 
                do so in order to protect the integrity of long-term 
                trend data.
    (e) Participation.--
            (1) Long-term trend assessment and national assessment.--
        Participation in the long-term trend assessment and national 
        assessment by State and local educational agencies shall be 
        voluntary.
            (2) State amount.--Participation in assessments made on a 
        State basis shall be voluntary. The National Assessment 
        Governing Board 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--
                    (A) participates in the assessment; and
                    (B) pays from non-Federal sources the non-Federal 
                share of such participation.
            (3) Non-federal share.--
                    (A) For each fiscal year, the non-Federal share, 
                for the purpose of paragraph (2)(B), shall be--
                            (i) the cost of conducting the assessment 
                        at the school level for all public schools in 
                        the State sample;
                            (ii) the cost of coordination within the 
                        State; and
                            (iii) other reasonable costs specified by 
                        the Board in the agreement described in 
                        paragraph (2), such as the cost of analyzing 
                        and reporting the data.
                    (B) The non-Federal share of payments under this 
                paragraph may be in cash or in kind, fairly valued.
                    (C) The agreement described in paragraph (2) shall 
                describe the manner in which the costs of administering 
                the assessment to private nonprofit schools included in 
                the State sample will be met.
    (f) Student Performance Levels.--
            (1) Performance levels.--The National Assessment Governing 
        Board shall develop appropriate student performance levels for 
        each grade in each subject area to be tested under the National 
        Assessment of Educational Progress.
            (2) Development of levels.--
                    (A) Such performance levels shall be--
                            (i) devised through a national consensus 
                        approach, providing for active participation of 
                        teachers, curriculum specialists, State boards 
                        of education, local school boards, local school 
                        administrators, parents, and concerned members 
                        of the general public;
                            (ii) used on a developmental basis until 
                        the Board determines, as the result of an 
                        independent evaluation under subsection (g), 
                        that such levels are reasonable, valid, and 
                        informative to the public; and
                            (iii) updated as appropriate.
                    (B) In using such levels on a developmental basis, 
                the Board shall ensure that reports that use such 
                levels do so in a manner that makes clear the 
                developmental status of such levels.
            (3) Reporting.--After determining that such levels are 
        reasonable, valid, and informative to the public, as the result 
        of an evaluation under subsection (f), the Board shall use such 
        levels or other methods or indicators for reporting results of 
        the National assessment and State assessments.
    (g) Review of National and State Assessments.--
            (1) In general.--
                    (A) The Director of the Academy shall provide for 
                continuing review of the National assessment, State 
                assessments, and student performance levels, by 1 or 
                more nationally recognized evaluation organizations, 
                such as the National Academy of Education and the 
                National Academy of Sciences.
                    (B) Such continuing review shall address--
                            (i) whether each State assessment is 
                        properly administered, produces high-quality 
                        data that are valid and reliable, and produces 
                        data on student achievement that are not 
                        otherwise available to the State (other than 
                        data comparing participating States to each 
                        other and the Nation); and
                            (ii) whether developmental student 
                        performance levels are reasonable, valid, and 
                        informative to the public.
            (2) Report.--The Board shall report to the Committee on 
        Education and the Workforce of the House of Representatives and 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate, the President, and the Nation on the findings and 
        recommendations of such reviews.
            (3) Use of findings and recommendations.--The National 
        Assessment Governing Board shall consider the findings and 
        recommendations of such reviews in carrying out the National 
        Assessment of Educational Progress.
    (h) Coverage Agreements.--
            (1) Department of defense schools.--The National Assessment 
        Governing Board and the Secretary of Defense may enter into an 
        agreement, including such terms as are mutually satisfactory, 
        to include in the National Assessment of Educational Progress 
        elementary and secondary schools operated by the Department of 
        Defense.
            (2) Bureau of indian affairs schools.--The National 
        Assessment Governing Board and the Secretary of the Interior 
        may enter into an agreement, including such terms as are 
        mutually satisfactory, to include in the National Assessment of 
        Educational Progress schools for Indian children operated or 
        supported by the Bureau of Indian Affairs.

SEC. 253. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    (a) General Prohibition.--Notwithstanding any other provision of 
Federal law and except as provided in subsection (b), no funds provided 
to the Department of Education, the National Assessment Governing 
Board, the Academy, or an applicable program may be used to carry out 
any activities related to any federally sponsored national test in 
reading, mathematics, or any other subject that is not specifically and 
explicitly provided for in authorizing legislation enacted into law.
    (b) Exceptions.--Subsection (a) shall not apply to the Third 
International Mathematics and Science Study or other international 
comparative assessments developed under the authority of section 
225(a)(6) and administered to only a representative sample of pupils in 
the United States and in foreign nations.
    (c) Repeal of Authority.--Section 305(b) of title III of the 
Department of Labor, Health and Human Services and Education and 
Related Agencies Appropriations Act, 1999 of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act for 1999 (Public Law 105-
277) relating to the authority of the National Assessment Governing 
Board over the direction and all policies and guidelines for developing 
voluntary national tests, is repealed.

        TITLE III--ACTIVITIES WITHIN THE DEPARTMENT OF EDUCATION

SEC. 301. OFFICE OF PLANNING, PERFORMANCE MANAGEMENT, AND TECHNICAL 
              ASSISTANCE.

    Section 208 of the Department of Education Organization Act (20 
U.S.C. 3419) is amended to read as follows:
    ``(a) In General.--There is established within the Department of 
Education an Office of Planning, Performance Measurement, and Technical 
Assistance, which shall be under the direction of a Director.
    ``(b) Duties of Office.--The Director of the Office of Planning, 
Performance Measurement, and Technical Assistance shall be responsible 
for--
            ``(1) planning and measuring program performance described 
        in subsection (c);
            ``(2) providing assistance to State educational agencies 
        and local educational agencies in the development and 
        maintenance of management information systems described in 
        subsection (d); and
            ``(3) providing technical assistance and disseminating 
        information described in subsections (e) and (f)
    ``(c) Planning and Performance.--To assist with planning and 
implement a performance measurement system, the Director may, directly 
or through grants to, and contracts with, appropriate entities--
            ``(1) assess program goals under the Government Performance 
        Results Act of 1993 (Public Law 103-62);
            ``(2) measure the quality of program administration;
            ``(3) conduct efforts to measure and improve data quality;
            ``(4) assess implementation quality;
            ``(5) assess process effectiveness and efficiency;
            ``(6) measure customer satisfaction;
            ``(7) collect participant outcomes;
            ``(8) obtain biennial updates of census data used under 
        title I of the Elementary and Secondary Education Act of 1965; 
        and
            ``(9) undertake activities in partnership with the States 
        to develop information needed to inform program management and 
        support continuous improvement at the State, school district, 
        and school levels.
    ``(d) Integrated Performance and Benchmarking System.--The Office 
may provide guidance and technical assistance to State educational 
agencies and local educational agencies in developing and maintaining 
management-information systems through which such an agency may develop 
program-performance indicators, collect data to measure performance 
against those indicators, and use the data to improve services and 
performance.
    ``(e) Regional Comprehensive Technical Assistance and Reform 
Initiatives.--
            ``(1) In general.--The Director shall--
                    ``(A) establish, oversee, and coordinate a 
                nationwide, regional network of entities authorized to 
                provide comprehensive technical assistance and promote 
                reform initiatives to States, local educational 
                agencies, schools, tribes, community-based 
                organizations, and other appropriate entities;
                    ``(B) identify not more than 10 regional areas of 
                the United States to make up such network, taking into 
                consideration at a minimum, the geographic distribution 
                of students assisted under title I of the Elementary 
                and Secondary Education Act of 1965.
            ``(2) Regional boards.--
                    ``(A) In general.--Each region referred to in 
                paragraph (1)(B) shall be governed by a regional board 
                which shall be convened by governors in the States 
                represented by each region. Each such board shall 
                consist of individuals broadly representative of the 
                agencies and organizations serving the region, which at 
                a minimum shall include--
                            ``(i) representatives of State educational 
                        agencies;
                            ``(ii) representatives of local educational 
                        agencies;
                            ``(iii) representatives of higher 
                        educational agencies, including individuals 
                        representing schools of education, university-
                        based education research, and university-based 
                        research in fields other than education;
                            ``(iv) parents;
                            ``(v) practicing educators; and
                            ``(vi) representatives of business.
                    ``(B) Plan.--Each regional board shall--
                            ``(i) develop a plan for identifying and 
                        serving the needs of the region by conducting a 
                        continuing survey of the educational needs, 
                        strengths, and weaknesses within the region, 
                        including a process of open hearings to solicit 
                        the views and needs of schools, charter 
                        schools, teachers, administrators, parents, 
                        local educational agencies, librarians, 
                        businesses, State educational agencies and 
                        other customers within the region;
                            ``(ii) forward such plan to the Director of 
                        the National Academy for Education Research, 
                        Statistics, Evaluation, and Information and the 
                        Commissioner of Education Research to assist in 
                        making decisions regarding the national 
                        priorities within education research.
                    ``(C) Technical assistance.--Based upon the plan 
                described in subparagraph (B), each regional board 
                shall carry out comprehensive technical assistance and 
                reform initiatives, which, at a minimum, shall 
                include--
                            ``(i) the dissemination of research, 
                        information, products, and publications 
                        developed through or supported by the 
                        Department of Education or the National Academy 
                        for Education Research, Statistics, Evaluation, 
                        and Information to schools, educators, parents 
                        and policymakers throughout the United States, 
                        including, at a minimum, information related to 
                        the core academic areas of mathematics, 
                        science, reading, as well as education 
                        technology.
                            ``(ii) training and technical assistance to 
                        States, local educational agencies, schools, 
                        charter schools, tribes, community-based 
                        organizations, and other appropriate entities, 
                        in areas which, at a minimum, shall include--
                                    ``(I) the administration and 
                                implementation of programs under the 
                                Elementary and Secondary Education Act 
                                of 1965;
                                    ``(II) assistance for the 
                                implementation of teaching methods and 
                                assessment tools based upon 
                                scientifically valid education research 
                                for use by students, teachers, and 
                                administrators, including, at a 
                                minimum, assistance related to the core 
                                academic areas including mathematics, 
                                science, reading, as well as education 
                                technology; and
                                    ``(III) the provision of education 
                                products based upon scientifically 
                                based education research in a usable 
                                form in order to promote school 
                                improvement and academic achievement 
                                and to correct educational 
                                deficiencies; and
                            ``(iii) applied research projects designed 
                        to serve the particular needs of the region if 
                        quality applied research does not exist as 
                        determined by the regional board, and reflect 
                        findings from scientifically valid research 
                        resulting in user-friendly, replicable, 
                        classroom applications geared toward promoting 
                        increased student achievement.
                    ``(D) Information.--Information developed pursuant 
                to the plan developed under subparagraph (B) shall be 
                categorized by the level of research the program or 
                practice has achieved through the classification 
                systems established under section 204(c)(5) of the 
                Scientifically Based Education Research, Statistics, 
                Evaluation, and Information act of 2000.
                    ``(E) Authority.--
                            ``(i) In general.--To carry out the 
                        activities described in subparagraph (C), each 
                        regional board may provide grants or enter into 
                        contracts or cooperative agreements, each of 
                        which shall be on a competitive basis, with 
                        private or public, for profit, or nonprofit 
                        research organizations, institutions, agencies, 
                        institutions of higher education, individuals, 
                        or partnerships among such entities, with the 
                        demonstrated ability or capacity to carry out 
                        the duties under this subsection, including 
                        entities that carried out, on the day preceding 
                        the date of the enactment of the Scientifically 
                        Based Education Research, Statistics, 
                        Evaluation, and Information Act, activities 
                        under--
                                    ``(I) part A of title XIII of the 
                                Elementary and Secondary Education Act 
                                of 1965, Comprehensive Regional 
                                Assistance Centers;
                                    ``(II) part C of title XIII of the 
                                Elementary and Secondary Education Act 
                                of 1965, Eisenhower Regional 
                                Mathematics and Science Education 
                                Consortia;
                                    ``(III) part D of title XIII of the 
                                Elementary and Secondary Education Act 
                                of 1965, Technology-Based Technical 
                                Assistance;
                                    ``(IV) section 931(c)(1)(B) of 
                                Goals 2000, Educate America Act, 
                                National Research and Development 
                                Centers; and
                                    ``(V) section 941(h) of Goals 2000, 
                                Educate America Act, Regional 
                                Educational Laboratories for Research, 
                                Development, Dissemination, and 
                                Technical Assistance;
                            ``(ii) Objectives and indicators.--Prior to 
                        making a grant under subparagraph (E), the 
                        board shall design specific objectives and 
                        measurable indicators to be used to assess the 
                        particular program or initiatives and ongoing 
                        progress and performance to ensure the needs of 
                        the region are being met and that the latest 
                        and best research and proven practices are 
                        being carried out as part of school improvement 
                        efforts;
                    ``(F) Priority.--In carrying out activities under 
                this section, each regional board shall give priority 
                to--
                            ``(i) schools participating in schoolwide 
                        programs under title I of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 6301 
                        et seq.);
                            ``(ii) schools with high percentages of 
                        students from families with members eligible 
                        for free or reduced price lunches under the 
                        Richard B. Russell National School Lunch Act 
                        (42 U.S.C. 1751 et seq.); and
                            ``(iii) schools in rural areas with high 
                        levels of poverty.
                    ``(G) Other duties.--Each regional board also 
                shall--
                            ``(i) leverage funds from public and 
                        private sources to enable expansion and 
                        continuous improvement of its activities; and
                            ``(ii) ensure its activities meet the 
                        applicable standards of quality and the needs 
                        of the region;
                            ``(iii) establish such governance, 
                        organization, management, administration, and 
                        employ such qualified staff as it considers 
                        appropriate to carry out its activities.
            ``(3) Funding.--
                    ``(A) In General.--From funds made available under 
                section 302(2), the Secretary shall provide each 
                regional board submitting an application under 
                subparagraph (B), an amount of funding equal, or in 
                proportion to, the level of funding received by such 
                region or similar region, under prior regional 
                assistance programs as described under paragraph 
                (2)(E)(i), of which not more than 7 percent shall be 
                used for indirect costs using generally accepted 
                accounting principles.
                    ``(B) Application.--Each regional board seeking 
                funds under this section shall submit an application 
                which shall--
                            ``(i) describe how the board will carry out 
                        the activities in accordance with this 
                        paragraph; and
                            ``(ii) contain such additional information 
                        as the Secretary may reasonably require.
            ``(4) Coordination.--In order to assure coordination and 
        prevent unnecessary duplication of activities among the 
        regions, the Director shall establish and maintain a system 
        to--
                    ``(A) share information about the activities of 
                each region;
                    ``(B) plan joint activities that meet the needs of 
                multiple regions;
                    ``(C) create a strategic plan for the development 
                of activities undertaken by the each region to reduce 
                redundancy and increase collaboration and resource-
                sharing in such activities; and
                    ``(D) devise means by which the work of the 
                individual regions serve national, as well as regional 
                education needs.
            ``(5) Evaluation.--The Director shall provide for ongoing 
        independent evaluations of the regions in carrying out the 
        duties of this subsection, the results of which shall be 
        transmitted to the relevant committees of Congress and the 
        National Board for Education Research, Statistics, Evaluation, 
        and Information.
    ``(f) School-Based Customer Driven Technical Assistance.--
            ``(1) Reservation.--From funds made available under section 
        302(2), for any fiscal year, the Secretary shall award grants 
        to States on a competitive basis consistent with this 
        subsection.
            ``(2) State application.--Each State desiring a grant under 
        this subsection shall submit an application to the Secretary at 
        such time, in such manner, and containing such information the 
        Secretary may require. Each such application shall describe 
        how--
                    ``(A) the State shall give priority to local 
                educational agencies and schools--
                            ``(i) participating in schoolwide programs 
                        under title I of the Elementary and Secondary 
                        Education Act of 1965;
                            ``(ii) with high percentages of students 
                        from families with members eligible for free or 
                        reduced price lunches under the Richard B. 
                        Russell National School Lunch Act (42 U.S.C. 
                        1751 et seq.); and
                            ``(iii) in rural areas with high levels of 
                        poverty;
                    ``(B) help educators become better consumers of 
                education research by assisting them in evaluating the 
                quality of research;
                    ``(C) the State shall ensure that activities are 
                coordinated with the services available under the 
                National Education Library and Clearinghouse Office and 
                the regional boards established in subsection (b); and
                    ``(D) assist schools in evaluating education 
                services to ensure they are cost-effective and reflect 
                the best information available for research and 
                practice based upon scientifically valid research;
            ``(3) Local grants.--
                    ``(A) In general.--Each State that receives a grant 
                under this subsection shall use not less than 95 
                percent of such funds to award grants on a competitive 
                basis to local educational agencies to provide such 
                agencies with the opportunity to choose technical 
                assistance from high quality providers able to meet the 
                particular needs of such agency with a priority for 
                local educational agencies with a high percentage of 
                students from families with members eligible for free 
                or reduced price lunches under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.).
                    ``(B) Local application.--Each local educational 
                agency that desires a grant under this subsection shall 
                submit an application to the State at such time, in 
                such manner, and containing such information as the 
                Secretary may require. Each application shall 
                describe--
                            ``(i) the local educational agency's need 
                        for technical assistance; and
                            ``(ii) how the local educational agency 
                        will use funds provided under this subsection 
                        to coordinate all its various sources of funds 
                        for technical assistance into an integrated 
                        system for acquiring and using outside 
                        technical assistance and other means of 
                        building its own capacity to provide the 
                        opportunity for all children to achieve to 
                        challenging State academic content standards.
                    ``(C) Local uses of funds.--Each local educational 
                agency receiving funds under this subsection may use 
                such funds to--
                            ``(i) build capacity to use technical 
                        assistance funds provided under this subsection 
                        effectively through the acquisition of 
                        technical assistance based upon scientifically 
                        valid education research.
                            ``(ii) develop, coordinate, and implement 
                        an integrated system of providing technical 
                        assistance to its schools using all available 
                        sources of funds provided for technical 
                        assistance; and
                            ``(iii) acquire the technical assistance 
                        the agency needs to increase opportunities for 
                        all children to achieve to challenging State 
                        academic content standards.''.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title, 
$122,393,000 for fiscal year 2002, and such sum as may be necessary for 
each of the 4 subsequent fiscal years, of which--
            (1) $4,390,000 shall be available to carry out subsections 
        (c) and (d) of section 301, in addition to any other funds made 
        available by the Secretary; and
            (2) $118,000,000 shall be available to carry out 
        subsections (e) and (f) of section 301, of which not less than 
        10 percent shall be for subsection (f).

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. TRANSITION PROVISIONS.

    (a) Authority.--The Director of the Office of Management and Budget 
shall determine and take appropriate measures to ensure an orderly 
transition of the activities described in this Act previously 
administered through the Department of Education and transferred under 
this Act.
    (b) Assets.--Except as otherwise provided in this Act, so much of 
the personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with a function 
transferred to an official or agency by this Act shall be available to 
the official or the head of that agency, respectively, at such time or 
times as the Director of the Office of Management and Budget directs 
for use in connection with the functions transferred.
    (c) Functions.--
            (1) Determinations.--If necessary, the Director shall make 
        any determination of the functions that are transferred under 
        this Act.
            (2) Incidental transfers.--The Director, at such time or 
        times as the Director shall provide, may make such 
        determinations as may be necessary with regard to the functions 
        transferred by this Act, and to make such additional incidental 
        dispositions of personnel, assets, liabilities, grants, 
        contracts, property, records, and unexpended balances of 
        appropriations, authorizations, allocations, and other funds 
        held, used, arising from, available to, or to be made available 
        in connection with such functions, as may be necessary to carry 
        out the provisions of this Act. The Director shall provide for 
        the termination of the affairs of all entities terminated by 
        this Act and for such further measures and dispositions as may 
        be necessary to effectuate the purposes of this Act.
    (d) Definition.--For purposes of this title, the term ``Director'' 
means the Director of the Office of Management and Budget.

SEC. 402. REPEALS.

    (a) Educational Research and Improvement.--
            (1) In general.--The Educational Research, Development, 
        Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et 
        seq.) is repealed.
            (2) Conforming amendments.--(A) Section 202(b) of the 
        Department of Education Organization Act (20 U.S.C. 3412(b)) is 
        amended by striking paragraph (3).
            (B) The Department of Education Organization Act (20 U.S.C. 
        3401 et seq.) is amended--
                    (i) by striking section 208; and
                    (ii) in section 1 in the table of contents, by 
                striking the item relating to section 208.
            (C) Section 1(b) of the Goals 2000: Educate America Act (20 
        U.S.C. 5801 et seq.) is amended in the table of contents by 
        striking the items relating to parts A through E of title IX.
            (D) Title XIII of the Goals 2000: Educate America Act is 
        repealed.
    (b) Federal Evaluations, Demonstrations, and Transition Projects.--
            (1) In general.--Part E of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) is 
        repealed.
            (2) Conforming amendment.--Section 1002 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended 
        by striking subsection (g).
    (c) National Education Statistics.--
            (1) In general.--The National Education Statistics Act of 
        1994 (title IV of the Improving America's Schools Act of 1994; 
        20 U.S.C. 9001 et seq.) is repealed.
            (2) Conforming amendments.--(A) Section 5315 of title 5, 
        United States Code, is amended by striking the following:
            ``Commissioner, National Center for Education 
        Statistics.''.
            (B) Section 447(b) of the General Education Provisions Act 
        (20 U.S.C. 1232j) is amended by striking ``section 404(a)(6) of 
        the National Education Statistics Act of 1994'' and inserting 
        ``section 225(a)(6) of the Scientifically Based Education 
        Research, Statistics, Evaluation, and Information Act of 
        2000''.
            (C) Section 5307 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7267) is repealed.
                                 <all>