[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4994 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4994

  To reauthorize and improve the educational research and statistical 
    programs of the Department of Education, including the National 
  Institute for Education Research, the National Center for Education 
   Statistics, the National Assessment of Educational Progress, the 
National Assessment Governing Board, and America's Tests in Reading and 
                  Mathematics, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

   Mr. Kildee (by request): introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To reauthorize and improve the educational research and statistical 
    programs of the Department of Education, including the National 
  Institute for Education Research, the National Center for Education 
   Statistics, the National Assessment of Educational Progress, the 
National Assessment Governing Board, and America's Tests in Reading and 
                  Mathematics, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. ORGANIZATION OF THE ACT.

    This Act is organized into the following titles:

                TITLE I--NATIONAL EDUCATION RESEARCH ACT

              TITLE II--NATIONAL EDUCATION STATISTICS ACT

                  TITLE III--AMENDMENTS TO OTHER ACTS.

SEC. 3. EFFECTIVE DATE: TRANSITION.

    (a) Effective Date.--This Act shall take effect on October 1, 2000.
    (b) Transition.--The Secretary shall take such actions as the 
Secretary determines to be appropriate to provide for a smooth 
transition for programs and activities authorized under the National 
Education Statistics Act of 1994 to programs and activities under this 
Act.

                TITLE I--NATIONAL EDUCATION RESEARCH ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Education Research Act''.

SEC. 102. FINDINGS; DECLARATION OF POLICY; PURPOSE.

    (a) Findings.--The Congress finds as follows:
            (1) All students can learn challenging content and achieve 
        to high academic standards.
            (2) Policymakers, parents, and the public expect schools to 
        be accountable for helping all students reach high academic 
        standards, so that they have the knowledge and skills necessary 
        for good citizenship and success in our increasingly 
        competitive world.
            (3) The American education system is faced with many 
        challenges in helping every student reach or exceed high 
        academic standards.
            (4) In recent years, nearly all groups of students have 
        made gains on the National Assessment of Educational Progress. 
        However, significant achievement gaps persist between students 
        in high-poverty and low-poverty schools, and between white and 
        non-white students, in basic areas such as reading and 
        mathematics.
            (5) High-quality research and development are necessary to 
        help educators and policymakers build more effective policies 
        and practices.
            (6) There is a long history of education research being 
        used to improve teaching and learning, such as research on 
        effective schools, how people learn to read and solve 
        mathematical problems, assessment, and standards-based reform, 
        but much more knowledge from research is needed to address 
        current challenges.
            (7) Less than 0.2 percent of our Nation's expenditures for 
        elementary and secondary education is invested in research and 
        development to determine which educational techniques work and 
        to find ways to improve them.
            (8) Investments in education research have been spread too 
        thinly to meaningfully affect the work of many educators in the 
        field.
            (9) Research investments must be focused so that knowledge 
        about how to address enduring education problems cumulates in a 
        useful form.
            (10) New methods and field-based strategies in education 
        research are needed to promote the formation of partnerships 
between researchers and practitioners to support the experimentation 
and the application of knowledge needed to solve education problems.
            (11) Better coordination of research activities and 
        synthesis of research findings and results are needed to 
        maximize the impact of education research conducted throughout 
        the Department and by other Federal agencies.
    (b) Declaration of Policy.--(1) The Congress hereby declares it to 
be the policy of the United States to provide every person an equal 
opportunity to receive an education of high quality regardless of his 
or her race, color, religion, sex, age, disability, national origin, 
sexual orientation, or economic condition. Although the American 
education system has pursued this objective, it has not yet attained 
it, and inequalities of opportunity to receive high-quality education 
remain pronounced. Achieving this objective will require far more 
dependable knowledge about the processes of learning and education than 
now exists, or can be expected from present research and 
experimentation in this field. While the direction of the education 
system remains primarily the responsibility of State and local 
governments, the Federal government has a clear responsibility to 
provide leadership in the conduct and support of scientific inquiry 
into the educational process.
    (2) The Congress further declares it to be the policy of the United 
States to--
            (A) help to solve the problems of American education and to 
        promote sustained improvement of elementary and secondary, 
        postsecondary, and adult education;
            (B) advance the practice of education as an art, science, 
        and profession;
            (C) strengthen the scientific and technological foundations 
        of education; and
            (D) build an effective education research and development 
        system.
    (c) Purpose.--The purposes of this title are to--
            (1) respond to the need and growing demand of both 
        educators and the general public for dependable, relevant, 
        research- and theory-based knowledge and information to improve 
        education and student achievement;
            (2) create a permanent and stable authority for building a 
        strong knowledge base to improve education through Federal 
        support of education research;
            (3) focus federally supported education research on solving 
        problems faced by State and local educators, particularly those 
        problems related to improving the achievement of students at 
        risk of educational failure;
            (4) promote the effective use of resources for education 
        research by concentrating those resources on a limited number 
        of priorities in order to ensure the cumulation and 
        organization of useful knowledge;
            (5) ensure rigor and high quality in federally supported 
        education research;
            (6) promote the use of new, effective, and appropriate 
        strategies and methods in the conduct of education research;
            (7) provide for expert guidance and assistance in planning, 
        managing, and evaluating federally supported education 
        research;
            (8) enhance the national capacity to conduct high-quality 
        education research that fosters and supports improvement in 
        education practice and policy;
            (9) promote new partnerships among researchers and 
        practitioners to solve education problems; and
            (10) ensure that knowledge from research is widely 
        disseminated to educators and policymakers at the national, 
        State, and local level, as well as to the general public, and 
        incorporated into federally supported technical assistance 
        efforts.

           PART A--NATIONAL INSTITUTE FOR EDUCATION RESEARCH

    Sec. 111. (a) Mission.--It shall be the mission of the National 
Institute for Education Research (hereinafter in this title referred to 
as ``the Institute'') to promote excellence and equity in education by 
providing national leadership for high-quality research and development 
related to education. In pursuing its mission, the Institute shall 
strive to help the American education system, from preschool through 
postsecondary and adult education, learn how to enable all students to 
meet or exceed challenging academic standards and master the skills 
they will need to lead satisfying and productive lives, while 
functioning effectively in our democracy and modern economy.
    (b) Authority.--The Institute established under section 208 of the 
Department of Education Organization Act shall have only the authority 
provided by part B of this title, except that the Secretary of 
Education may assign the Institute responsibility for administering 
other programs and activities of the Department, if the National 
Education Research Board established by section 112 agrees that those 
programs and activities are consistent with the Institute's mission and 
will contribute to the development of knowledge or strategies for 
improving education.
    (c) Priorities.--(1) The Institute shall, in accordance with this 
title, seek to improve education in the United States by concentrating 
the resources of the Institute on the following education research and 
development needs:
            (A) Improving the teaching and learning of reading, 
        writing, mathematics, and other academic subjects for students 
        from a broad diversity of backgrounds, particularly those 
        children most at risk of educational failure, from early 
        childhood through postsecondary and adult education.
            (B) Improving the ability of schools, school districts, and 
        States to implement reforms and sustain improvement efforts 
        successfully, such as State standards-based reforms, school 
        choice, and reforms to improve the quality of teaching and the 
        safety of the educational environment.
            (C) Using new knowledge from research from a variety of 
        disciplines, such as research on the development of the brain, 
        use of advanced information technologies, building effective 
        organizations, and understanding how to motivate and engage 
        students in their studies, to design effective education 
        strategies, practices, and policies.
    (2) The Director of the Institute, appointed under subsection (d), 
shall establish, with the approval of the National Education Research 
Board, a limited number of specific, long-term priorities to focus and 
guide the Institute's programs of research.
    (3) The Director shall make an award to an applicant to address 
specific priorities under paragraph (2) only if the Director determines 
that the applicant's choice of research methods and strategies is 
appropriate and effective. Such methods may include small- or large-
scale experiments and longitudinal studies.
    (4) The Director shall make the priorities under this section 
available to the public on the World Wide Web, along with the 
Institute's plan for addressing those priorities. The Director shall 
annually update the plan as new work is initiated and findings or 
results from prior and ongoing work become available.
    (d) Director of the Institute.--The Director of the Institute shall 
be appointed in accordance with section 202(b)(4) of the Department of 
Education Organization Act, as redesignated by section 301(a)(1)(A) of 
this Act, for a six-year term beginning July 1, 2001. The Director 
shall report to the Secretary and shall, consistent with this title, 
implement such policies as the National Education Research Board may 
prescribe, subject to the supervision of the Secretary.
    (e) Senior Scientist.--The Director shall appoint a Senior 
Scientist to serve as the senior research expert in the Institute to 
advise the Director and staff of the Institute on--
            (1) scientific and technical standards to govern the 
        activities of the Institute and the research it supports;
            (2) the planning and design of programs of research to be 
        supported by the Institute;
            (3) the quality and rigor of research supported by the 
        Institute; and
            (4) other matters related to ensuring high quality in the 
        activities of the Institute.
    (f) Appointment of Employees.--(1)(A) The Director may appoint, for 
limited terms, or on a temporary basis, without regard to provisions of 
title 5 of the United States Code governing appointments in the 
competitive service and may compensate, 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, such 
research specialists (such as social scientists, economists, 
psychologists, sociologists, operations researchers, mathematicians, 
statisticians, computer scientists, and education researchers) of the 
Institute as he or she considers necessary to accomplish its functions. 
Such appointments may not exceed 60 employees of the Institute.
    (B) The Institute may pay travel and transportation expenses for 
persons appointed under subparagraph (A) to the extent permitted under 
section 14(a)(3) of the National Science Foundation Act of 1950 (42 
U.S.C. 1873(a)(3)).
    (2) In order to strengthen the national capacity to carry out high-
quality research related to education, the Director may establish and 
maintain research fellowship in the Institute, with such stipends and 
allowances, including travel and subsistence expenses, as the Director 
may determine necessary to obtain the assistance of highly qualified 
research fellows from the United States and abroad.
    (g) Standards and Peer Review.--(1) The Institute shall maintain 
published standards (including publication on the World Wide Web) to 
ensure high quality in its work, which shall include, at a minimum, 
standards for evaluating--
            (A) proposals for research and development activities;
            (B) ongoing research and development activities conducted 
        or supported by the Institute, including the synthesis of 
        findings and results;
            (C) practices, programs, and products for designation as 
        exemplary or promising; and
            (D) reports, publications, and other products.
    (2) The Institute shall develop peer-review procedures to govern 
all major aspects of its work and operations. At a minimum, peer review 
shall be used to evaluate--
            (A) proposals for funding;
            (B) the performance of grantees and contractors;
            (C) programs, practices, and products for designation as 
        promising or exemplary; and
            (D) reports and publications.
    (3) All published standards and peer-review procedures shall be 
approved by the National Education Research Board prior to use.

SEC. 112. NATIONAL RESEARCH BOARD.

    (a) In General.--(1) The National Education Research Board 
(hereinafter referred to as ``the Board'') shall consist of 15 members 
appointed by the President, by and with the advice and consent of the 
Senate. In addition, the Board shall include such other ex officio 
members who are officers of the United States as the President may 
designate, including the Director of the Institute and the Commissioner 
of the National Center for Education Statistics, but such members shall 
not have a vote on the Board. A majority of the appointed members of 
the Board shall constitute a quorum. A voting member of the Board shall 
be considered a special government employee. The Chairman of the Board 
shall be appointed by the President.
    (2) In appointing members of the Board, the President shall--
            (A) ensure that the Board is broadly representative of the 
        general public, including the business community and education 
        professions, and includes practitioners and researchers from 
        various disciplines and the various fields of education 
        (including preschool, elementary and secondary, postsecondary, 
        and adult education);
            (B) ensure that Board members are chosen to bring their 
        independent, professional judgment to bear on issues of 
        national interest rather than to represent the interests of 
        organizations and associations; and
            (C) give due regard to equitable representation of women 
        and minorities and to recommendations for nominations that may 
        be submitted by the National Academy of Sciences and the 
        National Academy of Education.
    (b) Term of Office.--(1) Except as provided in paragraphs (2) and 
(3), members (other than ex officio members) shall be appointed to a 
term of six years. The term of office of each member shall expire on 
September 30th of the year in which that term would otherwise expire, 
unless a successor to that member has not been appointed and confirmed 
by the Senate, in which case the member shall continue to serve until a 
successor has been appointed and confirmed.
    (2) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which the predecessor was appointed shall be 
appointed only for the remainder of such term. A member may serve after 
the expiration of a term until a successor has taken office.
    (3) Of the members first appointed--
            (A) five shall be appointed for terms of two years;
            (B) five shall be appointed for terms of four years; and
            (C) five shall be appointed for terms of six years.
    (4) An appointed member who has been a member of the Board for six 
consecutive years shall be ineligible for appointment to the Board 
during the two-year period following the expiration of the sixth year.
    (c) Duties.--The Board shall--
            (1) establish policy guidelines for the Institute;
            (2) consider and approve priorities and standards to guide 
        and govern the work of the Institute;
            (3) review and approve peer-review procedures adopted by 
        the Institute;
            (4) advise the Director of the Institute on the development 
        of activities to be supported by the Institute;
            (5) present to the Director such recommendations as it may 
        find appropriate for--
                    (A) the strengthening of education research;
                    (B) the improvement of methods of collecting and 
                disseminating the findings of education research; and
                    (C) promoting the implementation of education 
                reform based on the findings of education research;
            (6) submit, no later that March 31 of each year, a report 
        to the President and the Congress on the activities, 
        management, and performance of the Institute and on education 
        and education research in general, which shall include such 
        recommendations and comments as the Board may find appropriate; 
        and
            (7) meet at the call of the Chairman, except that it shall 
        meet at least twice each fiscal year, or whenever one-third of 
        the members request in writing that a meeting be held.
    (d) Board Staff.--The Director may, after consultation with the 
Chairman of the Board, appoint a staff consisting of not more than 
three professional staff members and such clerical staff as may be 
necessary.
    (e) Board Meetings.--Portions of Board meetings in which the Board 
considers proposed Institute budgets for a particular fiscal year may 
be closed to the public until the President's budget for that fiscal 
year has been submitted to the Congress.

SEC. 113. EXPERT GUIDANCE AND ASSISTANCE.

    (a) Study Panels.--The Director shall establish one or more panels 
of experts to provide ongoing advice to the Institute in its planning, 
management, and evaluation of major programs of research and 
development. These panels shall include researchers from relevant 
disciplines who have strong theoretical and methodological backgrounds, 
and may include, as appropriate, policymakers and expert practitioners 
who have special insight into the conduct of education research. The 
researchers, policymakers, and practitioners who comprise these panels 
shall include persons with expertise in the teaching and learning of 
students at risk of educational failure, including students with 
disabilities and students with limited proficiency in English.
    (b) Panel Responsibilities.--Responsibilities of the study panels 
shall include one or more of the following:
            (1) Providing advice on the planning and design of coherent 
        programs of research and development to address particular 
        problems and Institute priorities.
            (2) Evaluating and providing advice on the relationships 
        between research and development proposals and the Institute's 
        priorities and objectives.
            (3) Providing advice regarding ongoing programs.
            (4) Evaluating ongoing programs on a periodic basis.
            (5) Reviewing research findings and syntheses.
    (c) Director's Responsibilities.--(1) Study panels shall report to 
the Director.
    (2) The Director shall report periodically to the National 
Education Research Board regarding the activities, assessments, and 
recommendations of the study panels.

SEC. 114. ADMINISTRATIVE PROVISIONS.

    (a) Rulemaking.--The exemption for public property, loans, grants, 
and benefits in section 553(a)(2) of title 5, United States Code, shall 
apply to regulations promulgated by the Institute.
    (b) Authority To Publish.--(1) The Institute may prepare and 
publish such research-based information and research reports as needed 
to aid in carrying out its mission without further clearance or 
approval by other offices of the Department, except that the Director 
shall provide such offices the opportunity to comment on reports 
relevant to their areas of responsibility.
    (2) All such information and reports shall--
            (A) be subjected to rigorous peer review prior to being 
        published or otherwise made available by the Institute; and
            (B) include the names of its peer reviewers.
    (c) Independent Evaluation.--At least once every five years, the 
Director shall enter into one or more contracts for the conduct of an 
independent evaluation of the activities of the Institute. This 
evaluation shall include an analysis of the performance indicators and 
performance plan of the Institute, as required by the Government 
Performance and Results Act of 1993.
    (d) Coordination.--The Director and the Commissioner of Education 
Statistics shall work together to coordinate the activities of the 
National Institute for Education Research and the National Center for 
Education Statistics.
    (e) Authorization of Appropriations.--(1) There are authorized to 
be appropriated for each fiscal year such sums as may be necessary to 
carry out this title, including necessary salaries and expenses.
    (2) Not more than $2,000,000 of the appropriation under paragraph 
(1) for any fiscal year shall be used to support the National Education 
Research Board.
    (3) Funds appropriated to carry out this title shall remain 
available for obligation for two fiscal years.

                  PART B--ACTIVITIES OF THE INSTITUTE

    Sec. 121. (a) Authorized Activities.--The National Institute for 
Education Research is authorized to--
            (1) conduct and support high-quality research activities, 
        including small- and large-scale experiments, longitudinal 
        studies, controlled demonstrations to test promising practices 
        in a variety of educational settings, design and development 
        activities, evaluations, and research syntheses;
            (2) synthesize and disseminate the findings and results of 
        education research conducted or supported by the Institute;
            (3) promote the application of knowledge gained from 
        research in schools, other educational agencies and 
        institutions, homes, and communities;
            (4) identify and disseminate information about promising 
        and effective educational practices, programs, and products for 
        which there is clear evidence of effectiveness;
            (5) strengthen the national capacity to conduct innovative 
        and rigorous research by supporting training for education 
        researchers from a wide variety of scientific disciplines;
            (6) promote the coordination of education research and 
        related activities within the Department of Education and the 
        Federal Government, and with education research conducted 
        outside the Federal Government, as well as otherwise assisting 
        and fostering education research;
            (7) design and use new methods and strategies to conduct 
        research and development activities that improve education; and
            (8) carry out and support activities that meet the mission 
        of the Institute and the purposes of this title.
    (b) Implementation.--The Institute may carry out the activities 
authorized in subsection (a) directly or through grants, contracts, and 
cooperative agreements.

SEC. 122. NATIONAL RESEARCH AND DEVELOPMENT CENTERS.

    (a) In General.--In carrying out its mission, the Institute shall 
support not more than 10 national research and development centers to 
carry out coherent, sustained, long-term research to advance theory and 
practice related to core issues and concerns within their particular 
mission areas. Each center shall have a mission area that is directly 
related to the specific priorities of the Institute established under 
section 111(c)(2), and shall serve as a source of expert knowledge 
about its particular mission area.
    (b) Awards.--(1) The Institute shall make awards under this section 
to institutions of higher education or nonprofit research organizations 
on a competitive basis for five years and may renew these awards for 
one additional 5-year period, based on its satisfactory performance (as 
determined by the Institute in accordance with subsection (c)) and 
continuing relevance of its research to an established priority of the 
Institute.
    (2) Awards under this section shall be of sufficient size and scope 
to support the range of research, development, and dissemination 
activities appropriate to the particular mission areas of the centers.
    (c) Review and Progress.--(1) Prior to making an award, the 
Institute and the center shall agree on specific objectives and 
measurable indicators that shall be used to assess the progress and 
performance of the center.
    (2) The Institute shall provide for peer review of the performance 
of research and development centers at least three times during the 5-
year period of their awards.

SEC. 123. FIELD-INITIATED EDUCATION RESEARCH.

    (a) Priorities.--(1) In carrying out the activities under section 
121(a), the Institute shall support field-initiated studies that 
address the priority research and development needs set forth in 
section 111(c)(1).
    (2) The Director, with the approval of the Board, may require 
field-initiated studies to address the specific priorities of the 
Institute established under section 111(c)(2).
    (b) Unsolicited Applications.--The Institute may fund applications 
submitted in response to an announcement or unsolicited applications.

SEC. 124. REGIONAL EDUCATIONAL LABORATORIES.

    (a) In General.--(1) The Institute shall support not more than 10 
regional educational laboratories to conduct applied research, develop 
strategies, programs, and materials, and provide technical assistance 
in response to the specific needs of schools, districts, and State 
educational agencies related to helping all students meet high academic 
standards.
    (2) Laboratories under this section shall ensure that the products 
and services they provide help schools, districts, and State 
educational agencies take advantage of the latest and best research and 
proven practices in carrying out their school improvement efforts.
    (3) A laboratory under this section shall be a public or private 
nonprofit organization or institution.
    (b) Awards.--(1) The Institute shall make 5-year awards under this 
section on a competitive basis.
    (2) Prior to making an award, the Institute and the laboratory 
shall agree on specific objectives and measurable indicators to be used 
to assess the progress and performance of the laboratory, and the 
laboratory shall agree to issue annual public reports measuring its 
progress against these objectives and indicators.
    (c) Governing Board.--(1) Each laboratory under this section shall 
have a governing board that reflects a balanced representation of the 
States in its region and includes teachers, researchers, and education 
policymakers.
    (2) The governing board shall determine the agenda of the 
laboratory, consistent with any priorities established by the 
Institute, and shall ensure that the work of the laboratory addresses 
customer demand and the identified needs of the schools, local 
educational agencies, and State educational agencies within the 
laboratory's region.
    (d) Technical Assistance.--(1) In providing technical assistance, 
laboratories under this section shall--
            (A) give priority to providing intensive, ongoing services 
        to high-poverty local educational agencies and schools that are 
        most in need of raising student achievement; and
            (B) help practitioners to become better consumers of 
        education research by assisting them in evaluating the quality 
        of research and applying research findings to efforts to 
        address current needs.
    (2) Laboratories under this section shall participate in a 
technical assistance network with the Department and its other 
federally supported technical assistance providers in order to--
            (A) coordinate services and resources;
            (B) ensure that the services provided are of high quality, 
        are cost-effective, and reflect the best information available 
        from research and practice, including findings from the 
        national research and development centers under section 122; 
        and
            (C) ensure that services are aligned with State and local 
        education reform efforts.
    (e) Peer Review.--The Institute shall provide for peer review of--
            (1) the performance of each laboratory under this section 
        at least three times during the 5-year period of its award; and
            (2) the overall effectiveness of the program authorized by 
        this section at least once every 5 years.

SEC. 125. EDUCATIONAL RESOURCES INFORMATION CENTER.

    (a) Educational Resources Information Center.--(1) The Institute 
shall maintain and support a system of information clearinghouses that 
uses the World Wide Web and other advanced telecommunications 
technologies to make high-quality, research-based information related 
to education available to teachers, administrators, policymakers, 
parents, researchers, students, and the public.
    (2) Clearinghouses under this section shall participate in a 
technical assistance network with the Department and its other 
federally supported technical assistance providers in order to--
            (A) coordinate services and resources;
            (B) ensure that the services provided are cost-effective 
        and of high quality;
            (C) ensure that the services reflect the best information 
        available from research and practice, including findings from 
        national research and development centers and regional 
        educational laboratories; and
            (D) ensure that services are aligned with State and local 
        reform efforts.
    (b) Peer Review.--The Institute shall provide for peer review of--
            (1) the performance of each clearinghouse at least three 
        times during the 5-year period of its award; and
            (2) the effectiveness of the program authorized by this 
        section at least once every five years.

SEC. 126. NATIONAL LIBRARY OF EDUCATION.

    National Library of Education.--The Institute shall maintain a 
national library of education to help build the Nation's education 
research infrastructure. The library shall make information related to 
education available to employees of the Department, its contractors and 
grantees, other Federal agencies and employees, and members of the 
public. The Institute shall coordinate the activities of the library 
with other dissemination and technical assistance activities of the 
Department.

              TITLE II--NATIONAL EDUCATION STATISTICS ACT

SEC. 201. SHORT TITLE.

    Section 401 of the Improving America's Schools Act of 1994 (20 
U.S.C. 9001 et seq.; hereinafter in this title referred to as the 
``Act'') is amended by--
            (1) striking out ``title'' and inserting in lieu thereof 
        ``Act''; and
            (2) striking out ``of 1994''.

SEC. 202. FINDINGS; DEFINITIONS.

    Section 402 of the Act is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by striking out ``within the Office of 
                        Educational Research and Improvement''; and
                            (ii) at the end thereof, by striking out 
                        ``and'';
                    (B) in paragraph (3), by--
                            (i) striking out ``looking to'' and 
                        inserting in lieu thereof ``entering''; and
                            (ii) redesignating paragraph (3) as 
                        paragraph (6); and
                    (C) by adding new paragraphs (3), (4), and (5) to 
                read as follows:
            ``(3) the availability of valid and timely data, delivered 
        in widely accessible formats, provides policymakers, educators, 
        parents, and the public necessary information to make decisions 
        based on school, student, and teacher needs and better supports 
        the implementation of more effective policies and practices to 
        improve education opportunities for all children;
            ``(4) as schools, districts, States, and the Department 
        continue to move to performance-based systems, where 
        accountability and improvement efforts are driven by student 
        and school outcomes, comprehensive and accurate information and 
        data on such outcomes become increasingly important;
            ``(5) 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; and''; and
            (2) in subsection (c)--
                    (A) by striking out paragraph (1); and
                    (B) by redesignating paragraphs (2) through (7) as 
                paragraphs (1) through (6), respectively.

SEC. 203. NATIONAL CENTER FOR EDUCATION STATISTICS.

    Section 403 of the Act is amended--
            (1) in subsection (a), by striking out ``the Office of 
        Educational Research and Improvement established under section 
        208 of the Department of Education Organization Act'' and 
        inserting in lieu thereof ``the Department of Education'';
            (2) in subsection (b)--
                    (A) by amending the subsection heading to read as 
                follows: ``Commissioner, Deputy Commissioner, and 
                Associate Commissioners.'';
                    (B) by amending paragraph (1)(C) to read as 
                follows:
                    ``(C) serve a term of four years, with the terms to 
                expire every fourth July 1st, beginning in 2003.''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) Deputy commissioner and associate commissioners.--The 
        Commissioner may appoint a Deputy Commissioner and such 
        Associate Commissioners as the Commissioner determines are 
        necessary and appropriate.'';
            (3) by redesignating subsection (b) as subsection (c);
            (4) by adding a new subsection (b) to read as follows:
    ``(b) Principles of the Center's Mission.--The Commissioner shall 
ensure that the Center--
            ``(1) collects and analyzes education information and 
        statistics under this Act in a manner that meets the highest 
        methodological standards;
            ``(2) reports education information and statistics under 
        this Act in a timely manner; and
            ``(3) collects, analyzes, and reports education information 
        and statistics under this Act in a manner that--
                    ``(A) is objective and free of partisan influence; 
                and
                    ``(B) is relevant and useful to practitioners, 
                researchers, policymakers, and the public.''; and
            (5) by adding at the end thereof a new subsection (d) to 
        read as follows:
    ``(d) Appointment of Employees.--
            ``(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 (such as 
        statisticians, mathematical statisticians, economists, 
        mathematicians, computer specialists, social scientists, and 
        sociologists) 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 or technical 
                expertise that 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, regular 
                scientific or professional employees of the Center.
            ``(2) Reappointment of employees.--The Commissioner may 
        reappoint employees described in paragraph (1) upon 
        presentation of a clear and convincing justification of need, 
        for one additional term not to exceed 3 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. 204. DUTIES OF THE CENTER.

    Section 404 of the Act is amended--
            (1) in subsection (a)(1), in the matter before subparagraph 
        (A), by striking out ``and postsecondary'' and inserting in 
        lieu thereof ``postsecondary, and adult'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting a new subsection (b) to read as follows:
    ``(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 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; and
            ``(5) continuously improving the management strategies and 
        practices of the Center.''.

SEC. 205. PERFORMANCE OF DUTIES.

    Section 405(b) of the Act is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        paragraphs (2) through (5), respectively;
            (2) by inserting a new paragraph (1) to read as follows:
            ``(1) Authority over implementation of data collection.--
        The Commissioner shall have final authority within the 
        Department over decisions regarding the implementation of data 
        collection activities, including the appropriateness of 
        specific collection methodologies, consistent with sections 121 
        and 131.''; and
            (3) in paragraph (3)(A), as redesignated, by inserting 
        ``(including information collected by States and local 
        educational agencies for their own use)'' before the semicolon 
        at the end thereof.

SEC. 206. REPORTS.

    Section 406 of the Act is amended--
            (1) in subsection (a), by striking out ``1995'' and 
        inserting in lieu thereof ``2001''; and
            (2) by adding at the end thereof a new subsection (d) to 
        read as follows:
    ``(d) Procedures for Issuance of Reports.--(1) The Commissioner 
shall establish procedures to ensure that the reports issued under this 
section are relevant, of high quality, useful to customers, and subject 
to rigorous peer review.
    ``(2) The Commissioner--
            ``(A) shall afford the appropriate offices of the 
        Department an opportunity to review and comment on reports 
        under this section before their publication, whenever they 
        relate to matters for which those offices have responsibility; 
        and
            ``(B) after such review and comment, may publish those 
        reports without further clearance or approval by other offices 
        of the Department.''.

SEC. 207. ADVISORY COUNCIL ON EDUCATION STATISTICS.

    Section 407(b) of the Act is amended by--
            (1) amending paragraph (1)(D) to read as follows:
                    ``(D) the Commissioner and the Director of the 
                National Institute of Education Research, as nonvoting, 
                ex officio members.''; and
            (2) by amending paragraph (5) to read as follows:
            ``(5) Duties of the council.--The Council shall--
                    ``(A) review and advise the Commissioner on--
                            ``(i) general policies for the operation 
                        and activities of the Center;
                            ``(ii) standards to ensure that statistics 
                        and other information disseminated by the 
                        Center are of high quality and are not subject 
                        to partisan political influence;
                            ``(iii) standards for peer review;
                            ``(iv) the development of the data quality 
                        indicators under section 112(b)(4); and
                            ``(v) the extent to which the data 
                        collected and reported by the Center respond to 
                        customer needs;
                    ``(B) annually submit a report to the President and 
                the Congress on the quality and usefulness of data 
                collected and reported by the Center, and on any other 
                issues requiring public attention; and
                    ``(C) advise the Commissioner on technical and 
                statistical matters related to the National Assessment 
                of Educational Progress.''.

SEC. 208. DISSEMINATION.

    Section 409(e)(2) of the Act is amended by inserting a comma and 
``in the most appropriate form (including, where possible, 
electronically),'' after ``access''.

SEC. 209. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    Section 410 of the Act is amended by--
            (1) in subsection (a), by striking out ``data on elementary 
        and secondary education, postsecondary education,'' and 
        inserting in lieu thereof ``data on early childhood education, 
        elementary and secondary education, postsecondary education, 
        adult education,'';
            (2) by striking out the subsection (a) designation and 
        heading; and
            (3) by striking out subsection (b).

SEC. 210. REPEAL OF SECTION 413 AND REDESIGNATIONS.

    (a) Repeal.--Section 413 of the Act is repealed.
    (b) Redesignations.--Sections 411 and 412 of the Act are 
redesignated as sections 412 and 413, respectively.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS FOR THE CENTER.

    The Act is amended by inserting after section 410 a new section 411 
to read as follows:

``SEC. 411. AUTHORIZATION OF APPROPRIATIONS FOR THE CENTER.

    ``There are authorized to be appropriated such sums as may be 
necessary for each fiscal year in order to carry out this title, 
including the necessary salaries and expenses for the Center, other 
than sections 121 and 131.''.

SEC. 212. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    Section 412 of the Act, as redesignated, is amended--
            (1) in subsection (a)--
                    (A) by striking out ``with the advice'' and 
                inserting in lieu thereof ``under the policy 
                direction''; and
                    (B) by striking out ``section 412'' and inserting 
                in lieu thereof ``section 131'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the third sentence, by inserting a 
                        comma and ``in accordance with an assessment 
                        schedule developed by the National Assessment 
                        Governing Board and a reporting schedule 
                        developed and published by the Commissioner,'' 
                        after ``Commissioner'';
                            (ii) by amending subparagraph (A) to read 
                        as follows:
                    ``(A) 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;'';
                            (iii) by redesignating subparagraphs (B) 
                        through (D) as subparagraphs (C) through (E);
                            (iv) by adding a new subparagraph (B) to 
                        read as follows:
                    ``(B) for purposes of collecting data on student 
                achievement based on current frameworks, conduct 
                student assessments every year in grades 4, 8, and 12 
                in public and private schools;'';
                            (v) at the end of subparagraph (D), as 
                        redesignated, by striking out ``and'';
                            (vi) at the end of subparagraph (E), as 
                        redesignated, by striking out the period and 
                        inserting in lieu thereof a semicolon and 
                        ``and''; and
                            (vii) by adding a new subparagraph (F) to 
                        read as follows:
                    ``(F) provide assistance to interested States that 
                wish to benchmark their State assessments to the 
                National Assessment.''; and
                    (B) by amending paragraph (2)(A)(ii) to read as 
                follows:
                            ``(ii) Each 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.'';
            (3) in subsection (c)(2)(B)--
                    (A) by inserting the clause designation ``(i)'' 
                after the subparagraph designation ``(B)''; and
                    (B) by adding a clause (ii) to read as follows:
                            ``(ii) Notwithstanding clause (i), the 
                        Commissioner may decline to make available 
                        cognitive items for periods longer than ten 
                        years if the Commissioner determines that it is 
                        necessary to do so in order to protect the 
                        integrity of long-term trend data.'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking out ``age and''; 
                and
                    (B) in paragraph (2)(A)(ii), by inserting 
                ``independent'' before ``evaluation'';
            (5) in subsection (f)--
                    (A) in paragraph (1)(B)(i), by striking out 
                ``developmental''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Use of findings and recommendations.--The 
        Commissioner and the National Assessment Governing Board shall 
        consider the findings and recommendations of such reviews in 
        carrying out their duties and responsibilities with respect to 
        the design and implementation of the National Assessment.''; 
        and
            (6) by adding at the end thereof a new subsection (h) to 
        read as follows:
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated such sums as may 
be necessary for fiscal year 2001 and for each of the four succeeding 
fiscal years.''.

SEC. 213. NATIONAL ASSESSMENT GOVERNING BOARD.

    Section 413 of the Act, as redesignated, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``within the Department of 
                Education'' after ``established''; and
                    (B) by striking out ``guidelines'' and inserting in 
                lieu thereof ``direction'';
            (2) by amending subsection (b)(2) to read as follows:
            ``(2) Ex officio members.--The Commissioner and the 
        Director of the National Institute for Education Research shall 
        serve as ex officio, nonvoting members of the Board.'';
            (3) in subsection (c)(1), by striking out ``3 years'' and 
        inserting in lieu thereof ``4 years'';
            (4) in subsection (e)(4), by striking out the period at the 
        end and inserting in lieu thereof ``and that such items will 
        yield valid and reliable information about what disadvantaged, 
        limited English proficient, and disabled students know and can 
        do.''; and
            (5) by adding a new subsection (i) to read as follows:
    ``(i) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated such sums as may 
be necessary for fiscal year 2001 and for each of the four succeeding 
fiscal years.''.

SEC. 214 REDESIGNATION OF TITLE IV OF THE ACT AS THE NATIONAL EDUCATION 
              STATISTICS ACT; SECTION REDESIGNATIONS; PART HEADINGS; 
              AND CONFORMING AMENDMENTS.

    (a) Redesignation of Title IV.--Title IV of the Act, as amended by 
sections 201 through 213 of the National Education Research and 
Statistics Act of 2000, is removed from the Act and redesignated and 
re-enacted as, the ``National Education Statistics Act''.
    (b) Section Redesignations.--(1) Sections 401 and 402 of the 
National Education Statistics Act are redesignated as sections 101 and 
102 of the Act, respectively.
    (2) Sections 403 through 411 of the National Education Statistics 
Act are redesignated as sections 111 through 119, respectively.
    (3) Section 412 of the National Education Statistics Act, as 
redesignated by section 210(b), is further redesignated as section 121.
    (4) Section 413 of the National Education Statistics Act, as 
redesignated by section 210(b), is further redesignated as section 131.
    (c) Conforming Amendments.--The National Education Statistics Act 
is amended--
            (1) in section 102(c)(6), as redesignated--
                    (A) in subparagraph (A), by striking out ``section 
411'' and inserting in lieu thereof ``section 121''; and
                    (B) in subparagraph (B), by striking out ``section 
                411'' and inserting in lieu thereof ``section 121'';
            (2) in section 117(e)(1), as redesignated, by striking out 
        ``section 408'' and inserting in lieu thereof ``section 116'';
            (3) in section 121, as redesignated--
                    (A) in subsection (a)--
                            (i) by striking out ``section 412'' and 
                        inserting in lieu thereof ``section 131''; and
                            (ii) by striking out ``section 407'' and 
                        inserting in lieu thereof ``section 115''; and
                    (B) in subsection (e)(1), by striking out ``section 
                412'' and inserting in lieu thereof ``section 131'';
            (4) in section 131(e), as redesignated--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking out 
                        ``section 411(b)(1)'' and inserting in lieu 
                        thereof ``section 121(b)(1)'';
                            (ii) in subparagraph (B), by striking out 
                        ``section 411(e)'' and inserting in lieu 
                        thereof ``section 121(e)''; and
                            (iii) in subparagraph (D), by striking out 
                        ``section 407'' and inserting in lieu thereof 
                        ``section 115''; and
                    (B) in paragraph (6), by striking out ``section 
                411(e)'' and inserting in lieu thereof ``section 
                121(e)''; and
            (5) by striking out ``this title'' wherever it appears and 
        inserting in lieu thereof ``this Act''.
    (d) Part Headings.--The National Education Statistics Act is 
further amended by--
            (1) inserting before section 111 the following part 
        heading: ``PART A--NATIONAL CENTER FOR EDUCATION STATISTICS'';
            (2) inserting before section 121 the following part 
        heading: ``PART B--NATIONAL ASSESSMENT OF EDUCATIONAL 
        PROGRESS''; and
            (3) inserting before section 131 the following part 
        heading: ``PART C--NATIONAL ASSESSMENT GOVERNING BOARD''.

SEC. 215. AMERICA'S TESTS IN READING AND MATHEMATICS.

    The National Education Statistics Act is further amended by adding 
at the end thereof a new part D to read as follows:

          ``PART D--AMERICA'S TESTS IN READING AND MATHEMATICS

``SEC. 141. FINDINGS; PURPOSE.

    ``(a) Findings.--The Congress finds as follows:
            ``(1) The fourth grade is a significant transition point 
        for students with regard to proficiency in reading. Recent 
        studies have indicated that it is critically important for all 
        students to be able to read independently by the end of the 
        third grade in order to make satisfactory progress in school 
        and learn to high standards.
            ``(2) Likewise, the eighth grade serves as another 
        milestone in the learning cycle of students. It is critically 
        important that by the end of the seventh grade all students 
        master analytical problem-solving as well as the fundamentals 
        of mathematics needed to understand algebraic and geometric 
        concepts and applications.
            ``(3) Significant disparity exists between many States' 
        assessments of student performance compared to their students' 
        performance on the National Assessment of Educational Progress, 
        indicating a need for measuring student performance to rigorous 
        standards.
            ``(4) Rigorous voluntary national assessments in reading 
and mathematics will provide necessary national and international 
benchmarks against which teachers, administrators, parents, 
policymakers, and students can assess learning at key points.
            ``(5) When shared with students, parents, teachers, and 
        principals, individual questions and answers from assessments 
        that are aligned to challenging content standards can serve as 
        valuable tools for assessing instructional strengths and 
        developing effective strategies to improve teaching and 
        learning.
            ``(6) The results of an assessment based on national and 
        international benchmarks can provide schools and communities 
        with a clear picture of student performance that can inform 
        better investments of time, energy, and resources in schools in 
        addressing the academic needs of the students.
            ``(7) A national assessment of reading and mathematics that 
        is aligned to rigorous standards, involves teachers, content 
        specialists, principals, parents, and business and community 
        leaders in test development, provides immediate reporting of 
        individual student scores, allows for release of all test items 
        and materials, and introduces a new test each year, can provide 
        parents and teachers with important tools to enable them to 
        improve education from the grassroots level.
    ``(b) Purpose.--It is the purpose of this part to support the 
development of, and make available, valid, voluntary national tests in 
reading, for fourth grade students, and in mathematics, for eighth 
grade students, in order to--
            ``(1) give parents and teachers, on a timely basis, the 
        information they need to assess student achievement and needs 
        in reading and mathematics for students in elementary and 
        middle schools; and
            ``(2) assist States and localities in improving and 
        ensuring high-quality instruction in reading and mathematics in 
        all elementary and middle schools.

``SEC. 142. AMERICA'S TESTS IN READING AND MATHEMATICS.

    ``(a) In General.--From funds available under subsection (g), the 
National Assessment Governing Board (hereafter in this part referred to 
as the ``Board''), established under part C of this Act, shall, through 
one or more grants, contracts, or cooperative agreements, develop and 
make available valid tests that assess the individual performance of 
fourth-grade students in reading, and eighth-grade students in 
mathematics, for voluntary use by States, local educational agencies, 
private schools, other educational entities, and parents.
    ``(b) Duties of the Board.--(1) In carrying out subsection (a), the 
Board shall develop--
            ``(A) test objectives and specifications;
            ``(B) test methodology; and
            ``(C) guidelines and criteria for--
                    ``(i) test administration (including guidelines for 
                the inclusion of, and accommodations for, students with 
                disabilities and students with limited English 
                proficiency);
                    ``(ii) compiling and using data from such tests 
                (including the security of test items);
                    ``(iii) reporting test results (including the use 
                of appropriate performance levels and the timely return 
                of test results); and
                    ``(iv) the use of the tests.
    ``(2) In carrying out its duties under paragraph (1), the Board 
shall--
            ``(A) have final authority over test design and 
        implementation of the guidelines and criteria under paragraph 
        (1)(C);
            ``(B) ensure that all items selected for use in the tests 
are free from racial, cultural, or gender bias;
            ``(C) ensure that test items adequately assess student 
        reading and mathematics knowledge and skills in the form most 
        likely to yield accurate information regarding student 
        achievement in reading and mathematics;
            ``(D) ensure that test items and test administration 
        appropriately accommodate the needs of disadvantaged, limited 
        English proficient, and disabled students;
            ``(E) ensure that Spanish-speaking students with limited 
        English proficiency are assessed using tests written in 
        Spanish, if Spanish language tests are more likely to yield 
        accurate and reliable information about what those students 
        know and can do;
            ``(F) make widely available, through the World Wide Web and 
        through other means, information about the tests (but not 
        individual results), including test items and answers, norms 
        and benchmarks, and explanatory information, in easily 
        understandable form;
            ``(G) ensure that all test questions, test results, student 
        answers, and the answer key are returned to students, their 
        families, and their teachers not more than 30 days from the day 
        the test was administered;
            ``(H) ensure that information is provided to parents, 
        students, and educators about the achievement of individual 
        students in relation to the content and the rigorous 
        performance standards of the National Assessment, as set by the 
        National Assessment Governing Board for fourth grade reading 
        and eighth grade mathematics; and
            ``(I) ensure that all test items are released each year.
    ``(c) Test Content Frameworks and Performance Levels.--All tests 
under subsection (a) shall be based on, and be at least as rigorous as, 
the content frameworks and performance levels used for the National 
Assessment of Educational Progress under part B of this Act.
    ``(d) Voluntary Nature of the Tests.--(1) The Federal government 
shall not--
            ``(A) require participation by any State, local educational 
        agency, private school, other educational entity, or individual 
        in any tests under subsection (a);
            ``(B) make participation in a test under subsection (a) a 
        condition for receiving Federal funds; or
            ``(C) require test participants or administrators to report 
        test results to the Federal government.
    ``(2)(A) All tests under subsection (a) shall be made available to 
all States, local educational agencies, private schools, other 
educational entities, and parents who wish to participate.
    ``(B) States, local educational agencies, private schools, other 
educational entities, and parents that choose to make available or use 
the tests shall comply with the policies, guidelines, and criteria set 
forth by the Board under this part.
    ``(e) Use of Test.--Results from tests under subsection (a) shall 
not be used by States, local educational agencies, schools, or other 
educational entities in making decisions involving--
            ``(1) the retention or graduation of students;
            ``(2) the rewarding or punishing of a teacher, school, or 
        district; and
            ``(3) the closing or State take-over of schools.
    ``(f) Review and Independent Evaluation.--The Secretary shall 
provide for continuing review and an independent evaluation of the 
tests developed under subsection (a).
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated such sums as may 
be necessary for fiscal year 2001 and for each of the four succeeding 
fiscal years.''.

                  TITLE III--AMENDMENTS TO OTHER LAWS

SEC. 301. AMENDMENTS TO OTHER LAWS.

    (a) The Department of Education Organization Act.--Title II of the 
Department of Education Organization Act (20 U.S.C. 3401 et seq.) is 
amended--
            (1) in section 202(b), by--
                    (A) redesignating the paragraph (3) as paragraph 
                (4);
                    (B) in paragraph (4), as redesignated by 
                subparagraph (A)--
                            (i) in the matter before subparagraph (A), 
                        by striking out ``an Assistant Secretary for 
                        Educational Research and Improvement'' and 
                        inserting in lieu thereof ``a Director of the 
                        National Institute for Education Research''; 
                        and
                            (ii) in subparagraph (B), by striking out 
                        ``National Educational Research Policy and 
                        Priorities Board'' and inserting in lieu 
                        thereof ``National Education Research Board''; 
                        and
                    (C) by adding a new paragraph (5) to read as 
                follows:
            ``(5) There shall be in the Department a Commissioner of 
        Education Statistics who is appointed in accordance with 
        section 111(b) of the National Education Statistics Act.'';
            (2) by amending section 208 to read as follows:

``SEC. 208. NATIONAL INSTITUTE FOR EDUCATION RESEARCH.

    ``There shall be in the Department of Education a National 
Institute for Education Research, to be administered by the Director of 
the National Institute for Education Research appointed under section 
202(b)(4) in accordance with the National Education Research Act.''; 
and
            (3) by adding at the end thereof a new section 220 to read 
        as follows:

``SEC. 220. NATIONAL CENTER FOR EDUCATION STATISTICS.

    ``There shall be in the Department of Education a National Center 
for Education Statistics, to be administered by the Commissioner for 
Education Statistics appointed under section 111(b) of the National 
Education Statistics Act in accordance with that Act.''.
    (b) Positions.--5 U.S.C. 5315 is amended by--
            (1) striking out ``Assistant Secretaries of Education 
        (10)'' and inserting in lieu thereof ``Assistant Secretaries of 
        Education (9)''; and
            (2) inserting ``Director of the National Institute for 
        Education Research.'' and ``Commissioner for Education 
        Statistics'' after ``Assistant Secretaries of Education (9).''.
                                 <all>