[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3801 Engrossed in House (EH)]


  2d Session

                               H. R. 3801

_______________________________________________________________________

                                 AN ACT

 To provide for improvement of Federal education research, statistics, 
  evaluation, information, and dissemination, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 3801

_______________________________________________________________________

                                 AN ACT


 
 To provide for improvement of Federal education research, statistics, 
  evaluation, information, and dissemination, 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
                   TITLE I--EDUCATION SCIENCES REFORM

                 Part A--Academy of Education Sciences

Sec. 111. Establishment.
Sec. 112. Organization.
Sec. 113. Functions.
Sec. 114. Delegation.
Sec. 115. Office of the Director.
Sec. 116. Priorities.
Sec. 117. National Board for Education Sciences.
Sec. 118. Commissioners of the National Education Centers.
Sec. 119. Office of Educational Resources and Dissemination.
             Part B--National Center for Education Research

Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Biennial report.
Sec. 135. Standards for conduct and evaluation of research.
            Part C--National Center for Education Statistics

Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
            Part D--National Center for Education Evaluation

Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation.
Sec. 173. Duties.
                       Part E--General Provisions

Sec. 181. Definitions.
Sec. 182. Interagency data sources and formats.
Sec. 183. Prohibitions.
Sec. 184. Confidentiality.
Sec. 185. Availability of data.
Sec. 186. Performance management.
Sec. 187. Authority to publish.
Sec. 188. Vacancies.
Sec. 189. Scientific or technical employees.
Sec. 190. Voluntary service.
Sec. 191. Fellowships.
Sec. 192. Rulemaking.
Sec. 193. Authorization of appropriations.
     TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                               ASSISTANCE

Sec. 201. Short title.
Sec. 202. Regional educational applied research and technical 
                            assistance entities.
Sec. 203. Regional advisory committees.
Sec. 204. Priorities and evaluations.
Sec. 205. Authorization of appropriations.
Sec. 206. General provisions.
         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
                    TITLE IV--AMENDATORY PROVISIONS

Sec. 401. Redesignations.
Sec. 402. Amendments to department of education organization act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Effective date.
Sec. 406. Severability.
Sec. 407. Orderly transition.

                   TITLE I--EDUCATION SCIENCES REFORM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Education Sciences Reform Act of 
2002''.

                 PART A--ACADEMY OF EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

    (a) Establishment.--There shall be in the Department an Academy of 
Education Sciences, to be administered by a Director (as provided in 
section 115) and a board of directors (as provided in section 117).
    (b) Mission.--The mission of the Academy is to provide national 
leadership in expanding fundamental knowledge and understanding of 
education, 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 support learning and improve 
academic achievement for all students, and the effectiveness of Federal 
and other education programs. In carrying out this mission, the Academy 
shall conduct research, evaluation, statistics, and dissemination 
activities supported by Federal funds through the Academy and ensure 
that such activities--
            (1) conform to high standards of quality, integrity, and 
        accuracy; and
            (2) are objective, secular, neutral, and nonideological and 
        are free of partisan political influence and racial, cultural, 
        gender, or regional bias.

SEC. 112. ORGANIZATION.

    The Academy consists of the following:
            (1) The Office of the Director (as set out in section 115).
            (2) The National Board for Education Sciences (as set out 
        in section 117).
            (3) The Office of Educational Resources and Dissemination 
        (as set out in section 119).
            (4) The National Education Centers, which include--
                    (A) the National Center for Education Research (as 
                set out in part B);
                    (B) the National Center for Education Statistics 
                (as set out in part C); and
                    (C) the National Center for Education Evaluation 
                (as set out in part D).

SEC. 113. FUNCTIONS.

    The Academy, directly or through grants, contracts, or cooperative 
agreements, shall--
            (1) conduct and support scientifically valid research 
        activities, including basic and applied research, statistics 
        activities, scientifically valid education evaluation, 
        development, and dissemination;
            (2) disseminate the findings and results of scientifically 
        valid research in education;
            (3) promote the application of knowledge gained from 
        scientifically valid research activities;
            (4) strengthen the national capacity to conduct 
        scientifically valid research in education; and
            (5) promote the coordination of scientifically valid 
        research in education within the Department and the Federal 
        Government.

SEC. 114. DELEGATION.

    (a) Delegation of Authority.--Notwithstanding section 412 of the 
Department of Education Organization Act (20 U.S.C. 3472), the 
Secretary shall delegate to the Director all functions for carrying out 
this title (other than administrative and support functions), except 
that--
            (1) nothing in this title or in the National Assessment of 
        Educational Progress Authorization Act may be construed to 
        alter or diminish the role, responsibilities, or authority of 
        the National Assessment Governing Board with respect to the 
        National Assessment of Educational Progress from those 
        authorized by the National Education Statistics Act of 1994 
        immediately before the enactment of this Act;
            (2) members of the National Assessment Governing Board 
        shall continue to be appointed by the Secretary;
            (3) section 302(f)(1) of the National Assessment of 
        Educational Progress Authorization Act shall apply to the 
        National Assessment Governing Board in the exercise of its 
        responsibilities under this Act;
            (4) sections 116 and 117(b)(2) shall not apply to the 
        National Assessment of Educational Progress; and
            (5) sections 116 and 117 shall not apply to the National 
        Assessment Governing Board.
    (b) Other Activities.--The Secretary may assign the Academy 
responsibility for administering other activities, if those activities 
are consistent with--
            (1) the Academy's priorities, as approved by the National 
        Board for Education Sciences under section 116; or
            (2) the Academy's mission, if the activities are not 
        consistent with such priorities.

SEC. 115. OFFICE OF THE DIRECTOR.

    (a) Appointment.--Except as provided in subsection (b)(2), the 
President, with the advice and consent of the Senate, shall appoint the 
Director of the Academy.
    (b) Term.--
            (1) In general.--The Director shall serve for a term of 6 
        years, beginning on the date of appointment of the Director, 
        but may be removed by the President prior to the expiration of 
        that term.
            (2) First director.--The President, without the advice and 
        consent of the Senate, may appoint the Assistant Secretary for 
        the Office of Educational Research and Improvement (as such 
        office existed on the day before the date of enactment of this 
        Act) to serve as the first Director of the Academy.
            (3) Subsequent directors.--The Board may make 
        recommendations to the President with respect to the 
        appointment of a Director, other than a Director appointed 
        under paragraph (2).
    (c) Pay.--The Director shall receive the rate of basic pay for 
level III of the Executive Schedule.
    (d) Qualifications.--The Director shall be selected from 
individuals who are highly qualified authorities in the fields of 
scientifically valid research, statistics, or evaluation in education, 
as well as management within such areas, and have a demonstrated 
capacity for sustained productivity and leadership in these areas.
    (e) Administration.--The Director shall--
            (1) administer, supervise, and coordinate the activities 
        carried out under the Academy, including the activities of the 
        National Education Centers; and
            (2) coordinate and approve budgets and operating plans for 
        each of the National Education Centers for submission to the 
        Secretary.
    (f) Duties.--The duties of the Director shall include the 
following:
            (1) To propose to the Board priorities for the Academy, in 
        accordance with section 116(a).
            (2) To ensure the methodology applied in conducting 
        research, evaluation, and statistical analysis is consistent 
        with the standards for such activities under this title.
            (3) To coordinate education research and related activities 
        carried out by the Academy with such research and activities 
        carried out by other agencies within the Department and the 
        Federal Government.
            (4) To advise the Secretary on research, evaluation, and 
        statistics activities relevant to the activities of the 
        Department.
            (5) To establish necessary procedures for technical and 
        scientific peer review of the activities of the Academy, 
        consistent with section 117(b)(3).
            (6) To ensure that all participants in research conducted 
        or supported by the Academy are afforded their privacy rights 
        and other relevant protections as research subjects, in 
        accordance with section 184 of this title, section 552a of 
        title 5, United States Code, and sections 444 and 445 of the 
        General Education Provisions Act (20 U.S.C. 1232g, 1232h).
            (7) To ensure that activities conducted or supported by the 
        Academy are objective, secular, neutral, and nonideological and 
        are free of partisan political influence and racial, cultural, 
        gender, or regional bias.
            (8) To undertake initiatives and programs to increase the 
        participation of researchers and institutions that have been 
        historically underutilized in Federal education research 
        activities in the activities of the Academy, including 
        historically Black colleges and universities and other 
        institutions of higher education with large numbers of minority 
        students.
            (9) To coordinate with the Secretary to promote and provide 
        for the coordination of research and development activities and 
        technical assistance activities between the Academy and the 
        regional governing boards and regional entities described in 
        section 202 of the Regional Assistance Act of 2002 to ensure 
        collaboration and resource sharing and reduce redundancy in 
        such activities.
            (10) To solicit and consider the recommendations of 
        education stakeholders, in order to ensure that there is broad 
        and regular public and professional input from the educational 
        field in the planning and carrying out of the Academy's 
        activities.
            (11) At the discretion of the Director and in consultation 
        with the National Academy of Sciences, to conduct a study to 
        determine--
                    (A) a standard by which States may accurately 
                measure the rate at which students drop out of or 
                graduate from secondary schools in the United States 
                (including on-time graduation); and
                    (B) the use of alcohol or illegal narcotics as 
                contributing factors to incidents of school violence 
                committed by students during the regular school day and 
                while participating in other school-related activities.
            (12) To carry out and support other activities consistent 
        with the priorities and mission of the Academy.
    (g) Expert Guidance and Assistance.--The Director may establish 
technical and scientific peer-review groups and scientific program 
advisory committees that the Director determines are necessary to carry 
out the requirements of this title. The Director shall appoint such 
personnel, except that officers and employees of the United States 
shall comprise no more than one-fourth of the members of any such group 
or committee and shall not receive additional compensation for their 
service as members of such a group or committee. The Director shall 
ensure that reviewers are highly qualified and capable to appraise 
education research and development projects. The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to a peer-review group or 
an advisory committee established under this subsection.

SEC. 116. PRIORITIES.

    (a) Proposal.--The Director shall propose to the Board priorities 
for the Academy (taking into consideration long-term research and 
development on core issues conducted through the national research and 
development centers (as defined in section 181)) identifying topics 
that may require long-term research and topics that are focused on 
understanding and solving particular education problems and issues, 
including those associated with the goals and requirements established 
in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.), such as--
            (1) closing the achievement gap between high-performing and 
        low-performing children, especially achievement gaps between 
        minority and nonminority children and between disadvantaged 
        children and their more advantaged peers; and
            (2) ensuring that all children reach, at a minimum, 
        proficiency on challenging State academic achievement standards 
        and assessments.
    (b) Approval.--The Board shall approve or disapprove the priorities 
for the Academy proposed by the Director, including any necessary 
revision of those priorities. The Board shall transmit any priorities 
so approved to the appropriate congressional committees.
    (c) Consistency.--The Board shall ensure that priorities of the 
Academy and the National Education Centers are consistent with the 
mission of the Academy.
    (d) Public Availability and Comment.--
            (1) Priorities.--Before submitting to the Board proposed 
        priorities for the Academy, the Director shall make such 
        priorities available to the public for comment (including by 
        means of the Internet and through publishing such priorities in 
        the Federal Register). The Director shall provide to the Board 
        a copy of each such comment submitted.
            (2) Plan.--Upon approval of such priorities, the Director 
        shall make the Academy's plan for addressing such priorities 
        available for public comment in the same manner as under 
        paragraph (1).

SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.

    (a) Establishment.--The Academy shall have a board of directors, 
which shall be known as the National Board for Education Sciences.
    (b) Duties.--The duties of the Board shall be the following:
            (1) To advise the Director on the policies of the Academy.
            (2) To consider and approve priorities under section 116 to 
        guide the work of the Academy.
            (3) To review and approve procedures for scientific peer 
        review of the activities of the Academy.
            (4) To advise the Director on the development of activities 
        to be supported by the Academy, including the general areas of 
        research to be carried out by the National Center for Education 
        Research.
            (5) To present to the Director such recommendations as it 
        may find appropriate for--
                    (A) the strengthening of education research; and
                    (B) the funding of the Academy.
            (6) To advise the Director on the funding of applications 
        for grants, contracts, and cooperative agreements for research, 
        after the completion of peer review.
            (7) To review and regularly evaluate the work of the 
        Academy, to ensure that scientifically valid research, 
        evaluation, and statistical analysis are consistent with the 
        standards for such activities under this title.
            (8) To advise the Director on ensuring that activities 
        conducted or supported by the Academy are objective, secular, 
        neutral, and nonideological and are free of partisan political 
        influence and racial, cultural, gender, or regional bias.
            (9) To solicit advice and information from those in the 
        educational field, particularly practitioners and researchers, 
        to recommend to the Director topics that require long-term, 
        sustained, systematic, programmatic, and integrated research 
        efforts, including knowledge utilization and dissemination of 
        research, consistent with the priorities and mission of the 
        Academy.
            (10) To advise the Director on opportunities for the 
        participation in, and the advancement of, women, minorities, 
        and persons with disabilities in education research, 
        statistics, and evaluation activities of the Academy.
            (11) To recommend to the Director ways to enhance strategic 
        partnerships and collaborative efforts among other Federal and 
        State research agencies.
            (12) To recommend to the Director individuals to serve as 
        Commissioners of the National Education Centers.
    (c) Composition.--
            (1) Voting members.--The Board shall have 15 voting members 
        appointed by the President, with the advice and consent of the 
        Senate.
            (2) Advice.--The President shall solicit advice on 
        individuals to serve on the Board from the National Academy of 
        Sciences, the National Science Foundation, and the Office of 
        Science and Technology Policy.
            (3) Nonvoting ex officio members.--The Board shall have the 
        following nonvoting ex officio members:
                    (A) The Director of the Academy of Education 
                Sciences.
                    (B) Each of the Commissioners of the National 
                Education Centers.
                    (C) The Director of the National Institute of Child 
                Health and Human Development.
                    (D) The Director of the Census.
                    (E) The Commissioner of Labor Statistics.
                    (F) The Director of the National Science 
                Foundation.
            (4) Appointed membership.--
                    (A) Qualifications.--Members appointed under 
                paragraph (1) shall be highly qualified to appraise 
                education research, statistics, evaluations, or 
                development, and shall include individuals from each of 
                the following groups:
                            (i) Educators, including classroom 
                        teachers, principals, and other school 
                        administrators.
                            (ii) Parents.
                            (iii) Business leaders.
                            (iv) Experts and scientists in research, 
                        statistics, evaluation, or development, who are 
                        recognized in their discipline as highly 
                        qualified to represent such discipline.
                    (B) Special rule.--A majority of the voting members 
                of the Board must be appointed from the groups 
                described in clauses (i) and (iv) of subparagraph (A).
                    (C) Terms.--Each member appointed under paragraph 
                (1) shall serve for a term of 4 years, except that--
                            (i) each such member may be removed by the 
                        President before the expiration of that term;
                            (ii) the terms of the initial members 
                        appointed under such paragraph shall (as 
                        determined by a random selection process at the 
                        time of appointment) be for staggered terms 
                        of--
                                    (I) 4 years for each of five 
                                members;
                                    (II) 3 years for each of five 
                                members; and
                                    (III) 2 years for each of five 
                                members; and
                            (iii) no member appointed under such 
                        paragraph shall serve for more than two 
                        consecutive terms.
                    (D) Unexpired terms.--Any member appointed to fill 
                a vacancy occurring before the expiration of the term 
                for which the member's predecessor was appointed shall 
                be appointed only for the remainder of that term.
            (5) Chair.--The Board shall elect a chairperson from among 
        the members of the Board.
            (6) Compensation.--Members of the Board shall serve without 
        pay for such service. Members of the Board who are officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Board.
            (7) Travel expenses.--The members of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with subchapter I of chapter 57 of 
        title 5, United States Code.
            (8) Powers of the board.--
                    (A) Executive director.--The Board shall have an 
                Executive Director who shall be appointed by the Board.
                    (B) Additional staff.--The Board shall utilize such 
                additional staff as may be appointed or assigned by the 
                Director, in consultation with the Chair.
                    (C) Detail of personnel.--The Board may use the 
                services and facilities of any department or agency of 
                the Federal Government. Upon the request of the Board, 
                the head of any Federal department or agency may detail 
                any of the personnel of that department or agency to 
                the Board to assist the Board in carrying out this Act.
                    (D) Contracts.--The Board may enter into contracts 
                or make other arrangements as may be necessary to carry 
                out its functions.
                    (E) Information.--The Board may, to the extent 
                otherwise permitted by law, obtain directly from any 
                executive department or agency of the Federal 
                Government such information as the Board deems 
                necessary to carry out its functions.
            (9) Meetings.--The Board shall meet not less than four 
        times each year. The Board shall hold additional meetings at 
        the call of the chairperson or upon the written request of at 
        least six voting members of the Board.
            (10) Quorum.--A majority of the voting members of the Board 
        shall constitute a quorum.
    (d) Standing Committees.--
            (1) Establishment.--The Board may establish standing 
        committees--
                    (A) to each serve one of the National Education 
                Centers; and
                    (B) to advise, consult with, and make 
                recommendations to the Director and the Commissioner of 
                the appropriate National Education Centers.
            (2) Membership.--A majority of the members of each standing 
        committee shall be voting members of the Board whose expertise 
        is needed for the functioning of the committee. In addition, 
        the membership of each standing committee may include, as 
        appropriate--
                    (A) experts and scientists in research, statistics, 
                evaluation, or development who are recognized in their 
                discipline as highly qualified to represent such 
                discipline and who are not members of the Board, but 
                who may have been recommended by the Commissioner of 
                the appropriate National Education Center and approved 
                by the Board;
                    (B) ex officio members of the Board; and
                    (C) policymakers and expert practitioners with 
                knowledge of, and experience using, the results of 
                research, evaluation, and statistics who are not 
                members of the Board, but who may have been recommended 
                by the Commissioner of the appropriate National 
                Education Center and approved by the Board.
            (3) Duties.--Each standing committee shall--
                    (A) at the discretion of the Board or the standing 
                committee, review and comment on any grant, contract, 
                or cooperative agreement entered into (or proposed to 
                be entered into) by the applicable National Education 
                Center;
                    (B) prepare for, and submit to, the Board an annual 
                evaluation of the operations of the applicable National 
                Education Center;
                    (C) review and comment on the relevant plan for 
                activities to be undertaken by the applicable National 
                Education Center for each fiscal year; and
                    (D) periodically report to the Board regarding the 
                activities of the committee and the applicable National 
                Education Center.
    (e) Annual Report.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees, not later than 
July 1 of each year, a report that assesses the effectiveness of the 
Academy in carrying out its priorities and mission, especially as such 
priorities and mission relate to carrying out scientifically valid 
research, conducting unbiased evaluations, and collecting and reporting 
accurate education statistics.
    (f) Recommendations.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees a report that 
includes any recommendations regarding any actions that could be taken 
to enhance the ability of the Academy to carry out its priorities and 
mission. The Board shall submit an interim report not later than 3 
years after the date of enactment of this Act and a final report not 
later than 5 years after such date of enactment.

SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

    (a) Appointment.--The National Education Centers shall each be 
headed by a Commissioner appointed by the Director. In appointing 
Commissioners, the Director shall seek to promote continuity in 
leadership of the National Education Centers and shall consider 
individuals recommended by the Board. The Director may appoint a 
Commissioner to carry out the functions of a National Education Center 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and the provisions 
of chapter 51 and subchapter III of chapter 53 of such title relating 
to classification and General Schedule pay rates.
    (b) Pay.--The Commissioners shall each receive the rate of basic 
pay for level IV of the Executive Schedule.
    (c) Qualifications.--Each Commissioner shall be highly qualified in 
the field of education research, statistics, or evaluation.
    (d) Service and Removal.--Each Commissioner shall report to the 
Director and may be removed by the Director. A Commissioner shall serve 
for a period of no more than 6 years, unless reappointed by the 
Director, except that a Commissioner may serve for an additional 
period, not to exceed 1 year, until a successor has been appointed by 
the Director.

SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION.

    (a) Establishment.--There is established within the Academy an 
Office of Educational Resources and Dissemination.
    (b) Duties.--The Office of Educational Resources and Dissemination 
shall--
            (1) disseminate information on scientifically valid 
        research, statistics, and evaluation on education to the 
        public, the media, voluntary organizations, and other 
        constituencies, especially with respect to information relating 
        to, at a minimum--
                    (A) the core academic areas of reading, 
                mathematics, and science;
                    (B) closing the achievement gap between high-
                performing students and low-performing students;
                    (C) educational practices that improve academic 
                achievement and promote learning; and
                    (D) education technology, including software;
            (2) manage the National Library of Education described in 
        subsection (e), and other sources of digital information on 
        education research; and
            (3) make such information accessible in a user-friendly, 
        timely, and efficient manner (including through use of a 
        searchable Internet web-based online database) to schools, 
        educators, parents, administrators, policymakers, researchers, 
        public and private entities, entities responsible for carrying 
        out technical assistance through the Department, and the 
        general public.
    (c) Additional Duties.--In carrying out subsection (b), the Office 
of Educational Resources and Dissemination shall--
            (1) ensure that information disseminated under this section 
        is provided in a cost-effective, nonduplicative manner, 
        including the most current research findings, which may include 
        through the continuation of individual clearinghouses 
        authorized under the Educational Research, Development, 
        Dissemination, and Improvement Act of 1994 (title IX of the 
        Goals 2000: Educate America Act; 20 U.S.C. 6001 et seq.) (as 
        such Act existed on the day before the date of enactment of 
        this Act) or the clearinghouse authorized under section 2102(b) 
        of the Elementary and Secondary Education Act of 1965 (as such 
        section existed on the day before the date of enactment of the 
        No Child Left Behind Act of 2001 (Public Law 107-110));
            (2) prominently describe the type of scientific evidence 
        that is used to support the findings that are disseminated;
            (3) clearly explain the scientifically appropriate and 
        inappropriate uses of--
                    (A) the findings that are disseminated; and
                    (B) the types of evidence used to support those 
                findings; and
            (4) respond, as appropriate, to inquiries from schools, 
        educators, parents, administrators, policymakers, researchers, 
        public and private entities, and entities responsible for 
        carrying out technical assistance.
    (d) Continuation.--The Director shall continue the existing awards 
of the Educational Resources Information Center Clearinghouses 
(established under section 941(f) of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (as such 
provision existed on the day before the date of enactment of this Act)) 
for the duration of those existing awards, in accordance with the terms 
and agreements of such awards.
    (e) National Library of Education.--There is established within the 
Office of Educational Resources and Dissemination a National Library of 
Education that shall be headed by an individual who is highly qualified 
in library science and shall collect and archive information, including 
products and publications developed through, or supported by, the 
Academy, and other relevant and useful education-related research, 
statistics, and evaluation and other information, projects, and 
publications that are consistent with scientifically valid research or 
the priorities and mission of the Academy and are developed by the 
Department, other Federal agencies, or entities (including entities 
supported under the Regional Educational Technical Assistance Act).

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

    (a) Establishment.--There is established in the Academy a National 
Center for Education Research (in this part referred to as the 
``Research Center'').
    (b) Mission.--The mission of the Research Center is--
            (1) to sponsor sustained research that will lead to the 
        accumulation of knowledge and understanding of education, 
        particularly to improve student academic achievement and close 
        the achievement gap between high-performing and low-performing 
        students, including through the improvement of teaching and 
        learning of reading, writing, mathematics, science, and other 
        academic subjects;
            (2) to support the synthesis and, as appropriate, the 
        integration of education research;
            (3) to promote quality and integrity through the use of 
        accepted practices of scientific inquiry to obtain knowledge 
        and understanding of the validity of education theories, 
        practices, or conditions; and
            (4) to promote scientifically valid research findings that 
        can provide the basis for improving academic instruction and 
        lifelong learning.

SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

    The Research Center shall be headed by a Commissioner for Education 
Research (in this part referred to as the ``Research Commissioner'') 
who shall have substantial knowledge of the activities of the Research 
Center, including a high level of expertise in the fields of research 
and research management.

SEC. 133. DUTIES.

    (a) General Duties.--The Research Center shall--
            (1) maintain published peer-review standards and standards 
        for the conduct and evaluation of all research and development 
        carried out under the auspices of the Research Center in 
        accordance with this part;
            (2) propose to the Director a research plan that--
                    (A) is consistent with the priorities and mission 
                of the Academy and the mission of the Research Center 
                and includes the activities described in paragraph (3); 
                and
                    (B) shall be carried out pursuant to paragraph (4) 
                and, as appropriate, be updated and modified;
            (3) carry out specific, long-term research activities that 
        are consistent with the priorities and mission of the Academy, 
        and are approved by the Director;
            (4) implement the plan proposed under paragraph (2) to 
        carry out scientifically valid research that--
                    (A) uses objective and measurable indicators, 
                including timelines, that are used to assess the 
                progress and results of such research;
                    (B) meets the procedures for peer review 
                established by the Director under section 115(f)(5) and 
                the standards of research described in section 135; and
                    (C) includes both basic research and applied 
                research, which shall include research conducted 
                through field-initiated studies and may include ongoing 
                research initiatives;
            (5) promote the use of scientifically valid research within 
        the Federal Government, including active participation in 
        interagency research initiatives;
            (6) ensure that research conducted by the Research Center 
        is relevant to education practice and policy;
            (7) synthesize and disseminate, through the Office of 
        Educational Resources and Dissemination, the findings and 
        results of education research conducted or supported by the 
        Research Center;
            (8) prepare and submit to the Director for approval a 
        biennial report, as described in section 134, which shall be 
        made available to the public through such means as the 
        Internet; and
            (9) carry out research on successful State and local 
        education reform activities that result in increased academic 
        achievement and narrowing of achievement gaps, as approved by 
        the Director.
    (b) Eligibility.--Research carried out under subsection (a) through 
contracts, grants, or cooperative agreements shall be carried out only 
by recipients with the ability and capacity to conduct scientifically 
valid research.
    (c) National Research and Development Centers.--
            (1) Support.--In carrying out activities under subsection 
        (a)(3), the Director, acting through the Research Commissioner, 
        shall support national research and development centers.
            (2) Scope.--Support for a national research and development 
        center shall be for a period of not more than 5 years, shall be 
        of sufficient size and scope to be effective, and 
        notwithstanding section 135(b), may be renewed without 
        competition for not more than 5 additional years if the 
        Director, in consultation with the Research Commissioner and 
        the Board, determines that the research of the national 
        research and development center--
                    (A) continues to address priorities of the Academy; 
                and
                    (B) merits renewal (applying the procedures and 
                standards established in section 135).
            (3) Limit.--No national research and development center may 
        be supported under this subsection for a period of more than 10 
        years without competition.
            (4) Continuation of awards.--The Director, acting through 
        the Research Commissioner, shall continue awards made to the 
        national research and development centers in effect on the day 
        before the date of enactment of this Act in accordance with the 
        terms of those awards and may renew them in accordance with 
        paragraphs (2) and (3).

SEC. 134. BIENNIAL REPORT.

    The Director shall, on a biennial basis, transmit to the President, 
the Board, and the appropriate congressional committees and make widely 
available to the public (including by means of the Internet), a report 
containing the following:
            (1) A description of the activities carried out by and 
        through the Research Center during the prior fiscal year.
            (2) A detailed summary of each grant, contract, and 
        cooperative agreement in excess of $100,000 funded during the 
        prior fiscal year, including, at a minimum, the amount, 
        duration, recipient, purpose, and goal of the award and its 
        relationship to the priorities and mission of the Academy, and 
        the reports and publications produced, which shall be available 
        in a user-friendly electronic database.
            (3) A description of how the activities of the Research 
        Center are consistent with the principles of scientifically 
        valid research and the priorities and mission of the Academy.
            (4) Such additional comments, recommendations, and 
        materials as the Director considers appropriate.

SEC. 135. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.

    (a) In General.--In carrying out this part, the Director, acting 
through the Research Commissioner, shall--
            (1) ensure that all research conducted under the direction 
        of the Research Center follows scientifically based research 
        standards;
            (2) develop such other standards as may be necessary to 
        govern the conduct and evaluation of all research, development, 
        and dissemination activities carried out by the Research Center 
        to assure that such activities meet the highest standards of 
        professional excellence;
            (3) 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 actively solicit recommendations from research 
        organizations and members of the general public in the 
        development of the standards described in paragraph (2); and
            (4) ensure that all research complies with Federal 
        guidelines relating to research misconduct.
    (b) Research Awards.--
            (1) In general.--Research carried out under this part 
        through grants, contracts, or cooperative agreements, at a 
        minimum, shall--
                    (A) be awarded through a process of open 
                competition; and
                    (B) be subject to a system of peer review of highly 
                qualified individuals with an in-depth knowledge of the 
                subject to be investigated--
                            (i) for reviewing and evaluating all 
                        applications for grants and cooperative 
                        agreements and bids for contracts that exceed 
                        $100,000; and
                            (ii) for evaluating and assessing the 
                        performance of all recipients of grants, 
                        cooperative agreements, and contracts.
            (2) Evaluation.--The Director, acting through the Research 
        Commissioner, shall--
                    (A) develop the procedures to be used in evaluating 
                applications for research grants, cooperative 
                agreements, and contracts and specify the criteria and 
                factors which shall be considered in making such 
                evaluations; and
                    (B) evaluate the performance of each recipient of 
                an award of a research grant, contract, or cooperative 
                agreement at the conclusion of the award.
    (c) Long-Term Research.--The Director, acting through the Research 
Commissioner, shall assure that not less than 50 percent of the funds 
made available for research for each fiscal year shall be used to fund 
long-term research programs of not less than 5 years, which support the 
priorities and mission of the Academy and the mission of the Research 
Center.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. ESTABLISHMENT.

    (a) Establishment.--There is established in the Academy a National 
Center for Education Statistics (in this part referred to as the 
``Statistics Center'').
    (b) Mission.--The mission of the Statistics Center shall be--
            (1) to collect and analyze education information and 
        statistics in a manner that meets the highest methodological 
        standards;
            (2) to report education information and statistics in a 
        timely manner; and
            (3) to collect, analyze, and report education information 
        and statistics in a manner that--
                    (A) is objective, secular, neutral, and 
                nonideological and is free of partisan political 
                influence and racial, cultural, gender, or regional 
                bias; and
                    (B) is relevant and useful to practitioners, 
                researchers, policymakers, and the public.

SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

    The Statistics Center shall be headed by a Commissioner for 
Education Statistics (in this part referred to as the ``Statistics 
Commissioner'') who shall have substantial knowledge of statistical 
methodologies and activities undertaken by the Statistics Center.

SEC. 153. DUTIES.

    (a) General Duties.--The Statistics Center shall collect, report, 
analyze, and disseminate statistical data 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, postsecondary, and adult 
        levels in the United States, including data on--
                    (A) student achievement in, at a minimum, the core 
                academic areas of reading, mathematics, and science at 
                all levels of education;
                    (B) secondary school completions, dropouts, and 
                adult literacy and reading skills;
                    (C) educational access to, and opportunity for, 
                postsecondary education, including data on financial 
                aid to postsecondary students;
                    (D) teaching, including--
                            (i) data on in-service professional 
                        development, including a comparison of courses 
                        taken in the core academic areas of reading, 
                        mathematics, and science with courses in 
                        noncore academic areas; and
                            (ii) the percentage of teachers who are 
                        highly qualified (as such term is defined in 
                        section 9101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801)) in each 
                        State and, where feasible, in each local 
                        educational agency and school;
                    (E) instruction, the conditions of the education 
                workplace, and the supply of, and demand for, teachers;
                    (F) the incidence, frequency, seriousness, and 
                nature of violence affecting students, school 
                personnel, and other individuals participating in 
                school activities, as well as other indices of school 
                safety, including information regarding--
                            (i) the relationship between victims and 
                        perpetrators;
                            (ii) demographic characteristics of the 
                        victims and perpetrators; and
                            (iii) the type of weapons used in 
                        incidents, as classified in the Uniform Crime 
                        Reports of the Federal Bureau of Investigation;
                    (G) the financing and management of education, 
                including data on revenues and expenditures;
                    (H) the social and economic status of children, 
                including their academic achievement;
                    (I) the existence and use of educational technology 
                and access to the Internet in elementary schools and 
                secondary schools;
                    (J) educational access to, and opportunity for, 
                early childhood education; and
                    (K) the availability of, and access to, before-
                school and after-school programs (including such 
                programs during school recesses);
            (2) conducting and publishing reports on the meaning and 
        significance of the statistics described in paragraph (1);
            (3) collecting, analyzing, cross-tabulating, and reporting, 
        to the extent feasible, information by gender, race, ethnicity, 
        socioeconomic status, limited English proficiency, mobility, 
        and disability, when such disaggregated information would 
        facilitate educational and policy decisionmaking;
            (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities, which may include 
        assisting State educational agencies and local educational 
        agencies with the disaggregation of data;
            (5) 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; and
            (6) conducting longitudinal and special data collections 
        necessary to report on the condition and progress of education.
    (b) Training Program.--The Director, acting through the Statistics 
Commissioner, may establish a program to train employees of public and 
private educational agencies, organizations, and institutions in the 
use of standard statistical procedures and concepts and may establish a 
fellowship program to appoint such employees as temporary fellows at 
the Statistics Center in order to assist the Statistics Center in 
carrying out its duties.

SEC. 154. PERFORMANCE OF DUTIES.

    (a) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Director, acting through the Statistics 
Commissioner, may award grants, enter into contracts and cooperative 
agreements, and provide technical assistance.
    (b) Gathering Information.--
            (1) Sampling.--The Statistics Commissioner may use the 
        statistical method known as sampling (including random 
        sampling) to carry out this part.
            (2) Source of information.--The Statistics Commissioner 
        may, as appropriate, use information collected--
                    (A) from States, local educational agencies, public 
                and private schools, preschools, institutions of 
                postsecondary education, vocational and adult education 
                programs, libraries, administrators, teachers, 
                students, the general public, and other individuals, 
                organizations, agencies, and institutions (including 
                information collected by States and local educational 
                agencies for their own use); and
                    (B) by other offices within the Academy and by 
                other Federal departments, agencies, and 
                instrumentalities.
            (3) Collection.--The Director, acting through the 
        Statistics Commissioner, may--
                    (A) enter into interagency agreements for the 
                collection of statistics;
                    (B) arrange with any agency, organization, or 
                institution for the collection of statistics; and
                    (C) assign employees of the Statistics Center to 
                any such agency, organization, or institution to assist 
                in such collection.
            (4) Technical assistance and coordination.--In order to 
        maximize the effectiveness of Department efforts to serve the 
        educational needs of children and youth, the Statistics 
        Commissioner shall--
                    (A) provide technical assistance to the Department 
                offices that gather data for statistical purposes; and
                    (B) coordinate with other Department offices in the 
                collection of data.

SEC. 155. REPORTS.

    (a) Procedures for Issuance of Reports.--The Director, acting 
through the Statistics Commissioner, shall establish procedures, in 
accordance with section 187, to ensure that the reports issued under 
this section are relevant, of high quality, useful to customers, 
subject to rigorous peer review, produced in a timely fashion, and free 
from any partisan political influence.
    (b) Report on Condition and Progress of Education.--Not later than 
June 1, 2002, and each succeeding June 1 thereafter, the Director, 
acting through the Statistics Commissioner, shall submit to the 
President and the appropriate congressional committees a statistical 
report on the condition and progress of education in the United States.
    (c) Statistical Reports.--The Director, acting through the 
Statistics Commissioner, shall issue regular and, as necessary, special 
statistical reports on education topics, particularly in the core 
academic areas of reading, mathematics, and science, consistent with 
the priorities and mission of the Academy and the mission of the 
Statistics Center.

SEC. 156. DISSEMINATION.

    (a) General Requests.--
            (1) In general.--The Statistics 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 Statistics 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 Statistics Center shall furnish 
such special statistical compilations and surveys as the relevant 
congressional committees may request.
    (c) Joint Statistical Projects.--The Statistics Center may engage 
in joint statistical projects related to the mission of the Center, or 
other statistical purposes authorized by law, with nonprofit 
organizations or agencies, and the cost of such projects shall be 
shared equitably.
    (d) Fees.--
            (1) In general.--Statistical compilations and surveys under 
        this section, other than those carried out pursuant to 
        subsections (b) and (c), may be made subject to the payment of 
        the actual or estimated cost of such work.
            (2) Funds received.--All funds received in payment for work 
        or services described in this subsection may be used to pay 
        directly the costs of such work or services, to repay 
        appropriations that initially bore all or part of such costs, 
        or to refund excess sums when necessary.
    (e) Access.--
            (1) Other agencies.--The Statistics Center shall, 
        consistent with section 184, cooperate with other Federal 
        agencies having a need for educational data in providing access 
        to educational data received by the Statistics Center.
            (2) Interested parties.--The Statistics Center shall, in 
        accordance with such terms and conditions as the Center 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 Statistics 
        Center for the purposes of research and acquiring statistical 
        information.

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    The Statistics Center 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, postsecondary education, adult education, and 
libraries, that are useful for policymaking at the Federal, State, and 
local levels.

SEC. 158. STATE DEFINED.

    In this part, the term ``State'' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico.

            PART D--NATIONAL CENTER FOR EDUCATION EVALUATION

SEC. 171. ESTABLISHMENT.

    (a) Establishment.--There is established in the Academy a National 
Center for Education Evaluation (in this part referred to as the 
``Evaluation Center'').
    (b) Mission.--The mission of the Evaluation Center shall be to 
conduct evaluations of Federal education programs administered by the 
Secretary (and as time and resources allow, other education programs) 
to determine the impact of such programs (especially on student 
academic achievement in the core academic areas of reading, 
mathematics, and science), to support synthesis and dissemination of 
results of evaluation research, and to encourage the use of 
scientifically valid education evaluation throughout the United States.

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.

    (a) In General.--The Evaluation Center shall be headed by a 
Commissioner for Education Evaluation (in this part referred to as the 
``Evaluation Commissioner'') who--
            (1) shall possess a demonstrated capacity for sustained 
        productivity and leadership in education evaluation, and be 
        technically competent in conducting scientifically valid 
        education evaluations; and
            (2) shall oversee all evaluation activities of the 
        Evaluation Center, the development of evaluation methodology, 
        the reporting of findings of evaluations to the public and 
        appropriate congressional committees, and other duties 
        essential to carrying out the mission of the Evaluation Center.
    (b) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Director, acting through the Evaluation 
Commissioner, may award grants, enter into contracts and cooperative 
agreements, and provide technical assistance.

SEC. 173. DUTIES.

    (a) General Duties.--
            (1) In general.--The Evaluation Center shall--
                    (A) conduct or support evaluations consistent with 
                the Evaluation Center's mission as described in section 
                171(b);
                    (B) evaluate programs under title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6301 et seq.);
                    (C) coordinate the activities of the Evaluation 
                Center with other evaluation activities in the 
                Department; and
                    (D) review and, where feasible, supplement Federal 
                education program evaluations, particularly those by 
                the Department, to determine or enhance the quality and 
                relevance of the evidence generated by those 
                evaluations.
            (2) Additional requirements.--Each evaluation conducted by 
        the Evaluation Center pursuant to paragraph (1) shall adhere to 
        the highest possible standards of quality for conducting 
        scientifically valid education evaluation.
            (3) Report.--The Director, acting through the Evaluation 
        Commissioner, shall submit to the President and the appropriate 
        congressional committees a report on the Evaluation Center's 
        evaluation activities on a biennial basis.
    (b) Administration of Evaluations Under Title I of the Elementary 
and Secondary Education Act of 1965.--The Director, acting through the 
Evaluation Commissioner, consistent with the mission of the Evaluation 
Center under section 171(b), shall administer all operations and 
contracts associated with evaluations authorized by part E of title I 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 
et seq.) and administered by the Department as of the date of enactment 
of this Act.

                       PART E--GENERAL PROVISIONS

SEC. 181. DEFINITIONS.

    In this title:
            (1) The terms ``elementary school'', ``secondary school'', 
        ``local educational agency'', and ``State educational agency'' 
        have the meanings given those terms in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) 
        and the terms ``freely associated states'' and ``outlying 
        area'' have the meanings given those terms in section 1121(c) 
        of such Act (20 U.S.C. 6331(c)).
            (2) The term ``Academy'' means the Academy of Education 
        Sciences established under section 111.
            (3) The term ``applied research'' means research--
                    (A) to gain knowledge or understanding necessary 
                for determining the means by which a recognized and 
                specific need may be met; and
                    (B) that is specifically directed to the 
                advancement of practice in the field of education.
            (4) The term ``basic research'' means research--
                    (A) to gain fundamental knowledge or understanding 
                of phenomena and observable facts, without specific 
                application toward processes or products; and
                    (B) for the advancement of knowledge in the field 
                of education.
            (5) The term ``Board'' means the National Board for 
        Education Sciences established under section 117.
            (6) The term ``Department'' means the Department of 
        Education.
            (7) The term ``development'' means the systematic use of 
        knowledge or understanding gained from the findings of 
        scientifically valid research that may prove useful in areas 
        (such as the preparation of materials and new methods of 
        instruction and practices in teaching), that may lead to the 
        improvement of the academic skills of students, and that are 
        replicable in different educational settings.
            (8) The term ``Director'' means the Director of the Academy 
        of Education Sciences.
            (9) The term ``dissemination'' means the communication and 
        transfer of the results of scientifically valid research, 
        statistics, and evaluations, 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, through the provision of 
        technical assistance, electronic transfer, and other means.
            (10) The term ``field-initiated research'' means basic 
        research or applied research in which specific questions and 
        methods of study are generated by investigators (including 
        teachers and other practitioners) and that conforms to 
        standards of scientifically valid research.
            (11) The term ``institution of higher education'' has the 
        meaning given that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
            (12) The term ``national research and development center'' 
        means a research and development center under section 
        931(c)(1)(B) of the Education Research, Development, 
        Dissemination, and Improvement Act of 1994 (20 U.S.C. 
        6031(c)(1)(B)) (as such provision existed on the day before the 
        date of enactment of this Act).
            (13)(A) The term ``scientifically based research 
        standards'' means research standards that--
                    (i) apply rigorous, systematic, and objective 
                methodology to obtain reliable and valid knowledge 
                relevant to education activities and programs; and
                    (ii) present findings and make claims that are 
                appropriate to and supported by the methods that have 
                been employed.
            (B) The term includes, appropriate to the research being 
        conducted--
                    (i) employing systematic, empirical methods that 
                draw on observation or experiment;
                    (ii) involving data analyses that are adequate to 
                support the general findings;
                    (iii) relying on measurements or observational 
                methods that provide reliable data;
                    (iv) making claims of causal relationships only in 
                random assignment experiments or other designs (to the 
                extent such designs substantially eliminate plausible 
                competing explanations for the obtained results);
                    (v) ensuring that studies and methods are presented 
                in sufficient detail and clarity to allow for 
                replication or, at a minimum, to offer the opportunity 
                to build systematically on the findings of the 
                research;
                    (vi) obtaining acceptance by a peer-reviewed 
                journal or approval by a panel of independent experts 
                through a comparably rigorous, objective, and 
                scientific review; and
                    (vii) using research designs and methods 
                appropriate to the research question posed.
            (14) The term ``scientifically valid education evaluation'' 
        means an evaluation that--
                    (A) adheres to the highest possible standards of 
                quality with respect to research design and statistical 
                analysis;
                    (B) provides an adequate description of the 
                programs evaluated and, to the extent possible, 
                examines the relationship between program 
                implementation and program impacts;
                    (C) provides an analysis of the results achieved by 
                the program with respect to its projected effects;
                    (D) employs experimental designs using random 
                assignment, when feasible, and other research 
                methodologies that allow for the strongest possible 
                causal inferences when random assignment is not 
                feasible; and
                    (E) may study program implementation through a 
                combination of scientifically valid and reliable 
                methods.
            (15) The term ``scientifically valid research'' includes 
        applied research, basic research, and field-initiated research 
        in which the rationale, design, and interpretation are soundly 
        developed in accordance with scientifically based research 
        standards.
            (16) The term ``Secretary'' means the Secretary of 
        Education.
            (17) The term ``State'' includes (except as provided in 
        section 158 and in the National Assessment of Educational 
        Progress Authorization Act) each of the 50 States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the freely 
        associated states, and the outlying areas.
            (18) The term ``technical assistance'' means--
                    (A) assistance in identifying, selecting, or 
                designing solutions (including professional development 
                and training to implement such solutions) leading to--
                            (i) improved educational practices and 
                        classroom instruction based on scientifically 
                        valid research; and
                            (ii) improved planning, design, and 
                        administration of programs;
                    (B) assistance in interpreting, analyzing, and 
                utilizing statistics and evaluations; and
                    (C) other assistance necessary to encourage the 
                adoption or application of scientifically valid 
                research.

SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.

    The Secretary, in consultation with the Director, shall ensure that 
the Department and the Academy use common sources of data in 
standardized formats.

SEC. 183. PROHIBITIONS.

    (a) National Database.--Nothing in this title may be construed to 
authorize the development of a nationwide database of individually 
identifiable information on individuals involved in studies or other 
collections of data under this title.
    (b) Federal Government and Use of Federal Funds.--Nothing in this 
title may be construed to authorize an officer or employee of the 
Federal Government to mandate, direct, or control the curriculum, 
program of instruction, or allocation of State or local resources of a 
State, local educational agency, or school, or to mandate a State, or 
any subdivision thereof, to spend any funds or incur any costs not 
provided for under this title.
    (c) Endorsement of Curriculum.--Notwithstanding any other provision 
of Federal law, no funds provided under this title to the Academy, 
including any office, board, committee, or center of the Academy, may 
be used by the Academy to endorse, approve, or sanction any curriculum 
designed to be used in an elementary school or secondary school.
    (d) federally Sponsored Testing.--
            (1) In general.--Subject to paragraph (2), no funds 
        provided under this title to the Secretary or to the recipient 
        of any award may be used to develop, pilot test, field test, 
        implement, administer, or distribute any federally sponsored 
        national test in reading, mathematics, or any other subject, 
        unless specifically and explicitly authorized by law.
            (2) Exceptions.--Subsection (a) shall not apply to 
        international comparative assessments developed under the 
        authority of section 153(a)(5) of this title or section 
        404(a)(6) of the National Education Statistics Act of 1994 (20 
        U.S.C. 9003(a)(6)) (as such section existed on the day before 
        the date of enactment of this Act) and administered to only a 
        representative sample of pupils in the United States and in 
        foreign nations.

SEC. 184. CONFIDENTIALITY.

    (a) In General.--All collection, maintenance, use, and 
dissemination of data by the Academy, including each office, board, 
committee, and center of the Academy, shall conform with the 
requirements of section 552a of title 5, United States Code, the 
confidentiality standards of subsection (c) of this section, and 
sections 444 and 445 of the General Education Provisions Act (20 U.S.C. 
1232g, 1232h).
    (b) Student Information.--The Director shall ensure that all 
individually identifiable information about students, their academic 
achievements, and their families, and information with respect to 
individual schools, remains confidential in accordance with section 
552a of title 5, United States Code, subsection (c) of this section, 
and sections 444 and 445 of the General Education Provisions Act (20 
U.S.C. 1232g, 1232h).

SEC. 185. AVAILABILITY OF DATA.

    Subject to section 184, data collected by the Academy, including 
any office, board, committee, or center of the Academy, in carrying out 
the priorities and mission of the Academy, shall be made available to 
the public, including through use of the Internet.

SEC. 186. PERFORMANCE MANAGEMENT.

    The Director shall ensure that all activities conducted or 
supported by the Academy or a National Education Center make customer 
service a priority. The Director shall ensure a high level of customer 
satisfaction through the following methods:
            (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 performance against a set of 
        indicators for the quality of data collected, analyzed, and 
        reported.
            (5) Continuously improving management strategies and 
        practices.
            (6) Making information available to the public in an 
        expeditious fashion.

SEC. 187. AUTHORITY TO PUBLISH.

    (a) Publication.--The Director may prepare and publish (including 
through oral presentation) such research, statistics, and evaluation 
information and reports from any office, board, committee, and center 
of the Academy as needed to carry out the priorities and mission of the 
Academy.
    (b) Peer Review.--All research, statistics, and evaluation reports 
conducted by, or supported through, the Academy shall be subjected to 
rigorous peer review before being published or otherwise made available 
to the public.
    (c) Advance Copies.--The Director shall provide the Secretary an 
advance copy of any information to be published under this section at 
least 30 days before publication.
    (d) Items Not Covered.--Nothing in subsection (a) or (b) shall be 
construed to apply to--
            (1) information on current or proposed budgets, 
        appropriations, or legislation;
            (2) information prohibited from disclosure by law or the 
        Constitution, classified national security information, or 
        information described in section 552(b) of title 5, United 
        States Code; and
            (3) review by officers of the United States in order to 
        prevent the unauthorized disclosure of information described in 
        paragraph (1) or (2).

SEC. 188. VACANCIES.

    Any member appointed to fill a vacancy on the Board occurring 
before the expiration of the term for which the member's predecessor 
was appointed shall be appointed only for the remainder of that term. A 
vacancy in an office, board, committee, or center of the Academy shall 
be filled in the manner in which the original appointment was made. 
This section does not apply to employees appointed under section 189.

SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.

    (a) Appointment and Pay.--The Director may appoint for limited 
periods of time and fix the pay of certain scientific or technical 
employees to carry out the functions of the Academy or the office, 
board, committee, or center, respectively, without regard to the 
provisions of title 5, United States Code, governing appointments 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, provided that--
            (1) at least 30 days before the appointment of any employee 
        under this subsection, the Director shall give public notice of 
        the availability of such position and shall provide an 
        opportunity for qualified individuals to apply and compete for 
        the position; and
            (2) the Director may not appoint an employee under this 
        subsection unless the employee is necessary to provide the 
        Academy with scientific or technical expertise that could not 
        otherwise be obtained by the Academy through the competitive 
        service and such necessity can be justified in a clear and 
        convincing fashion.
    (b) Maximum Number.--Employees appointed under this section and 
employed at the Academy at any particular time shall not exceed the 
greater of 20 percent of the total employees of the Academy or a total 
of 60 individuals.
    (c) Maximum Pay Rate.--An employee appointed under this section may 
not be paid at a rate that exceeds the rate of basic pay for level V of 
the Executive Schedule, except that not more than 10 individuals 
appointed under this section may be paid at a rate that does not exceed 
the rate of basic pay for level IV of the Executive Schedule.
    (d) Duration.--An employee appointed under this section may not 
serve longer than 6 years.

SEC. 190. VOLUNTARY SERVICE.

    The Secretary, acting through the Director, may accept voluntary 
and uncompensated services to carry out and support activities that are 
consistent with the priorities and mission of the Academy.

SEC. 191. FELLOWSHIPS.

    In order to strengthen the national capacity to carry out high-
quality research, evaluation, and statistics related to education, the 
Director shall establish and maintain research, evaluation, and 
statistics fellowships in the Academy and institutions of higher 
education (which may include the establishment of such fellowships in 
historically Black colleges and universities and other institutions of 
higher education with large numbers of minority students) that support 
graduate and postdoctoral study, particularly for women and minorities, 
with such stipends and allowances (including travel and subsistence 
expenses) as the Director may determine necessary to obtain the 
assistance of highly qualified research, evaluation, and statistics 
fellows.

SEC. 192. RULEMAKING.

    Notwithstanding section 437(d) of the General Education Provisions 
Act (20 U.S.C. 1232(d)), the exemption for public property, loans, 
grants, and benefits in section 553(a)(2) of title 5, United States 
Code, shall apply to the Academy.

SEC. 193. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
administer and carry out this title $400,000,000 for fiscal year 2003 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years, of which--
            (1) no less than the amount provided to the National Center 
        for Education Statistics (as such Center was in existence on 
        the day before the date of enactment of this Act) for fiscal 
        year 2002 shall be provided to the National Center for 
        Education Statistics, as authorized under part C; and
            (2) the lesser of 2 percent of such funds or $1,000,000 
        shall be made available to carry out section 117 (relating to 
        the National Board for Education Sciences).
    (b) Availability.--Amounts made available under this section shall 
remain available until expended.

     TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                               ASSISTANCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Regional Assistance Act of 2002''.

SEC. 202. REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
              ASSISTANCE ENTITIES.

    (a) Establishment.--
            (1) In general.--The Secretary shall support, through 
        competitive contracts, a system of regional educational applied 
        research and technical assistance entities (in this title 
        referred to as ``regional entities'') to provide applied 
        research, dissemination, training, technical assistance, and 
        development activities related to the administration and 
        implementation of Federal education programs and other regional 
        education needs to States, local educational agencies, schools, 
        Indian tribes, community-based organizations, and other 
        appropriate entities.
            (2) Regions.--In establishing geographical regions to be 
        served by the regional entities, the Secretary shall serve the 
        same geographical regions as served by the regional educational 
        laboratories established under section 941(h) of the 
        Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such provision existed on the day 
        before the date of enactment of this Act).
            (3) Allocation.--From the funds appropriated under section 
        205, the Secretary shall allocate for each region for each 
        fiscal year an amount of funds that is comparable in proportion 
        to the amount of funds awarded to serve the needs of that 
        region under prior regional assistance programs under section 
        3141 and parts A and C of title XIII of the Elementary and 
        Secondary Education Act of 1965 (as such provisions existed on 
        the day before the date of enactment of the No Child Left 
        Behind Act of 2001 (Public Law 107-110)) and section 941(h) of 
        the Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such Act existed on the day before 
        the date of enactment of this Act).
    (b) Activities of the Regional Entities.--
            (1) Regional support activities.--The system of regional 
        entities, established under subsection (a)(1), shall support 
        applied research, development, dissemination, and technical 
        assistance activities by--
                    (A) providing training and technical assistance 
                regarding, at a minimum--
                            (i) the administration and implementation 
                        of programs under the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.);
                            (ii) scientifically valid research in 
                        education on teaching methods and assessment 
                        tools for use by teachers and administrators 
                        in, at a minimum--
                                    (I) the core academic areas of 
                                mathematics, science, and reading; and
                                    (II) education technology; and
                            (iii) the facilitation of communication 
                        between education experts, school officials, 
                        teachers, parents, and librarians, as 
                        appropriate;
                    (B) disseminating and providing scientifically 
                valid research, information, reports, and publications 
                that are usable for improving academic achievement, 
                narrowing achievement gaps, and encouraging and 
                sustaining school improvement, to--
                            (i) schools, educators, parents, and 
                        policymakers within the applicable region in 
                        which the entity is located; and
                            (ii) the Office of Educational Resources 
                        and Dissemination;
                    (C) carrying out applied research projects that are 
                designed to serve the particular educational needs of 
                the region, that reflect findings from scientifically 
                valid research, and that result in user-friendly, 
                replicable classroom applications geared toward 
                promoting increased student achievement; and
                    (D) supporting development activities and 
                contributing to the current base of education knowledge 
                by addressing enduring problems in elementary and 
                secondary education.
            (2) Coordination and collaboration.--Each regional entity 
        shall coordinate its activities, collaborate, and regularly 
        exchange information with the Secretary, the Director of the 
        Academy of Education Sciences, the Office of Educational 
        Resources and Dissemination of the Academy, and other 
        appropriate entities (including educational service agencies, 
        as defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)).
            (3) Allocation of resources.--Each regional entity shall 
        direct its resources under this title to, and within, each 
        State in a manner that reflects the need for assistance, taking 
        into account factors such as the proportion of economically 
        disadvantaged students and the cost burden in areas of sparse 
        populations, and giving priority to--
                    (A) schools with high percentages or numbers of 
                students from low-income families, as determined under 
                section 1113(a)(5) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6313(a)(5)), including 
                such schools in rural and urban areas, and schools 
                participating in schoolwide programs under title I of 
                that Act (20 U.S.C. 6301 et seq.);
                    (B) local educational agencies in which high 
                percentages or numbers of school-age children are from 
                low-income families, as determined under section 
                1124(c)(1)(A) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6333(c)(1)(A)), including such 
                local educational agencies in rural and urban areas; 
                and
                    (C) schools that have been identified for school 
                improvement under section 1116 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316).
            (4) Report to secretary.--Each regional entity shall submit 
        to the Secretary an annual report, at such time, in such 
        manner, and containing such information as the Secretary may 
        require, which shall include the following:
                            (i) The information described in paragraph 
                        (5)(E).
                            (ii) A summary of the entity's activities 
                        during the preceding year.
                            (iii) A listing of the States, local 
                        educational agencies, and schools the entity 
                        assisted during the preceding year.
            (5) Regional contract boards.--
                    (A) Establishment.--Not later than 120 days after 
                entering into a contract under this section, a regional 
                entity shall establish a regional contract board.
                    (B) Composition.--
                            (i) In general.--The regional contract 
                        board shall be composed of--
                                    (I) the chief State school officers 
                                (or other State officials in each State 
                                served by the regional entity who have 
                                primary responsibility under State law 
                                for elementary and secondary education 
                                in the State), or their designees, in 
                                the region served by the regional 
                                entity; and
                                    (II) not more than 15 other members 
                                who are representative of the 
                                educational interests in the region 
                                served by the regional entity and are 
                                selected jointly by the officials 
                                specified in subclause (I) and the 
                                Governors of each State within the 
                                region, including the following:
                                            (aa) Representatives of 
                                        local educational agencies, 
                                        including representatives of 
                                        local educational agencies 
                                        serving urban and rural areas.
                                            (bb) Representatives of 
                                        institutions of higher 
                                        education.
                                            (cc) Parents.
                                            (dd) Practicing educators, 
                                        including classroom teachers, 
                                        principals, and administrators.
                                            (ee) Representatives of 
                                        business.
                                            (ff) Policymakers, expert 
                                        practitioners, and researchers 
                                        with knowledge of, and 
                                        experience using, the results 
                                        of research, evaluation, and 
                                        statistics.
                            (ii) Special rule.--In the case of a State 
                        in which the Governor has the primary 
                        responsibility under State law for elementary 
                        and secondary education in the State, the 
                        Governor shall consult with the State 
                        educational agency in selecting additional 
                        members of the regional contract board under 
                        clause (i)(II).
                    (C) Duties.--The regional contract board shall--
                            (i) oversee, guide, and direct the regional 
                        entity's performance of its contract awarded 
                        under this section, subject to the Secretary's 
                        ultimate authority to enforce the contract;
                            (ii) ensure that the activities of the 
                        regional entity under this section monitor and 
                        address the educational needs of the region, on 
                        an ongoing basis;
                            (iii) ensure that the regional entity 
                        attains and maintains a high standard of 
                        quality in the performance of its activities, 
                        consistent with the standards established under 
                        section 204(b); and
                            (iv) ensure that the regional entity 
                        carries out its duties in a manner that 
                        promotes progress toward reforming schools and 
                        educational systems.
                    (D) Acceptance of other assistance.--Each regional 
                contract board may accept gifts, in-kind contributions, 
                services, or other assistance to facilitate its 
                activities.
                    (E) Board report.--The regional contract board 
                shall submit to the regional entity, for inclusion in 
                the entity's annual report under paragraph (4), the 
                following:
                            (i) A summary of the board's activities 
                        during the preceding year.
                            (ii) A description of how well the regional 
                        entity is meeting the educational needs of the 
                        region.
                            (iii) Any other information the Secretary 
                        may require.
    (c) Application.--
            (1) Submission.--Each regional entity seeking a contract 
        under this section shall submit an application at such time, in 
        such manner, and containing such additional information as the 
        Secretary may reasonably require.
            (2) Plan.--Each application submitted under paragraph (1) 
        shall contain a 5-year plan for carrying out the activities 
        described in subsection (b) in a manner that addresses the 
        priorities established under section 204(a) and addresses the 
        needs of all States (and to the extent practicable, of local 
        educational agencies) within the region, on an ongoing basis.
            (3) Eligible applicants.--Contracts under this section may 
        be made with private or public, for-profit or nonprofit 
        research organizations, institutions, agencies, institutions of 
        higher education, or partnerships among such entities, or 
        individuals, with the demonstrated ability or capacity to carry 
        out the activities described in subsection (b), which may 
        include regional entities that carried out activities under the 
        Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such Act existed on the day before 
        the date of enactment of this Act) and title XIII of the 
        Elementary and Secondary Education Act of 1965 (as such title 
        existed on the day before the date of enactment of the No Child 
        Left Behind Act of 2001 (Public Law 107-110)).
            (4) Outreach.--In conducting competitions for contracts 
        under this section, the Secretary shall--
                    (A) actively encourage potential applicants to 
                compete for such awards by making widely available 
                information and technical assistance relating to the 
                competition; and
                    (B) seek input from Governors, chief State school 
                officers, educators, and parents regarding the need for 
                applied research, dissemination, training, technical 
                assistance, and development activities authorized by 
                this title in the regions to be served and how those 
                educational needs would be addressed most effectively.
            (5) Objectives and indicators.--Before entering into a 
        contract under this section, the Secretary shall design 
        specific objectives and measurable indicators, using the 
        results of the survey conducted under section 203(d), to be 
        used to assess the particular programs or initiatives, and 
        ongoing progress and performance, of the regional entities, in 
        order to ensure that the educational 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.
    (d) Authority.--
            (1) In general.--To carry out the activities described in 
        subsection (b), the Secretary shall--
                    (A)(i) enter into contracts for a 5-year period 
                with at least two regional entities for each region 
                described in subsection (a)(2), of which at least one 
                shall be a nonprofit entity;
                    (ii) ensure that the primary duties of at least one 
                regional entity shall include activities described in 
                subsection (b)(1)(A); and
                    (iii) ensure that the primary duties of at least 
                one regional entity shall include activities described 
                in subsections (b)(1)(C) and (b)(1)(D); and
                    (B) ensure that the regional entities have strong 
                and effective governance, organization, management, and 
                administration, and employ qualified staff.
            (2) Coordination.--In order to ensure coordination and 
        prevent unnecessary duplication of activities among the 
        regions, the Secretary shall--
                    (A) share information about the activities of each 
                regional entity with each other regional entity and 
                with the Department, including the Director of the 
                Academy of Education Sciences and the National Board 
                for Education Sciences;
                    (B) create a strategic plan for ensuring that each 
                regional entity increases collaboration and resource-
                sharing in such activities;
                    (C) where appropriate, ensure that the activities 
                of each regional entity also serve national interests; 
                and
                    (D) ensure that each of the regional entities 
                funded under this title coordinates its activities with 
                the activities of the other regional entities.
    (e) Continuation.--In order to carry out this title and facilitate 
the transition to regional entities, the Secretary--
            (1) shall continue the existing awards of the regional 
        educational laboratories established under section 941(h) of 
        the Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such provision existed on the day 
        before the date of enactment of this Act), the Eisenhower 
        Regional Mathematics and Science Education Consortia 
        established under part M of such Act (as such part existed on 
        the day before the date of enactment of this Act), and the 
        Regional Technology in Education Consortia under section 3141 
        of the Elementary and Secondary Education Act of 1965 (as such 
        section existed on the day before the date of enactment of the 
        No Child Left Behind Act of 2001 (Public Law 107-110)), for the 
        duration of those existing awards in accordance with the terms 
        and agreements of such awards; and
            (2) may extend for no more than 2 years the awards of the 
        Comprehensive Regional Assistance Centers established under 
        part K of the Educational Research, Development, Dissemination, 
        and Improvement Act of 1994 (as such part existed on the day 
        before the date of enactment of this Act).

SEC. 203. REGIONAL ADVISORY COMMITTEES.

    (a) Establishment.--The Secretary shall establish a regional 
advisory committee for each region described in section 202(a)(2).
    (b) Membership.--
            (1) Composition.--The membership of each regional advisory 
        committee shall--
                    (A) not exceed 25 members;
                    (B) contain a balanced representation of States in 
                the region; and
                    (C) include not more than one representative of 
                each State educational agency geographically located in 
                the region.
            (2) Eligibility.--The membership of each regional advisory 
        committee may include the following:
                    (A) Representatives of local educational agencies, 
                including rural and urban local educational agencies.
                    (B) Representatives of institutions of higher 
                education, including individuals representing 
                university-based education research and university-
                based research on subjects other than education.
                    (C) Parents.
                    (D) Practicing educators, including classroom 
                teachers, principals, administrators, school board 
                members, and other local school officials.
                    (E) Representatives of business.
                    (F) Researchers.
            (3) Recommendations.--In choosing individuals for 
        membership on a regional advisory committee, the Secretary 
        shall consult with, and solicit recommendations from, the 
        Governors, chief State school officers, and education 
        stakeholders within the applicable region.
            (4) Special rule.--The total number of members on each 
        committee who are selected under subparagraphs (A), (C), and 
        (D) of paragraph (2), collectively, shall exceed the total 
        number of members who are selected under paragraph (1)(C) and 
        subparagraphs (B), (E), and (F) of paragraph (2), collectively.
    (c) Duties.--Each regional advisory committee shall advise the 
Secretary on the following:
            (1) The educational needs of its region (using the results 
        of the survey conducted under subsection (d)), in order to 
        assist in making decisions regarding the priorities established 
        under section 204(a) and the priorities established under 
        section 116 of the Education Sciences Reform Act of 2002.
            (2) The quality of the applications submitted under section 
        202(c).
            (3) The quality of the regional entity's performance of its 
        contract.
    (d) Regional Surveys.--Each regional advisory committee shall--
            (1) conduct a survey of the educational needs, strengths, 
        and weaknesses within the region to be served;
            (2) in conducting the survey under paragraph (1), seek 
        input from Governors, chief State school officers, educators, 
        and parents (including through a process of open hearings to 
        solicit the views and needs of schools (including public 
        charter schools), teachers, administrators, parents, local 
        educational agencies, librarians, businesses, State educational 
        agencies, and other customers (such as adult education 
        programs) within the region) regarding the need for the 
        activities described in section 202(b)(1) and how those needs 
        would be most effectively addressed; and
            (3) submit the survey to the Secretary and to the Director 
        of the Academy of Education Sciences, at such time, in such 
        manner, and containing such information as the Secretary may 
        require.

SEC. 204. PRIORITIES AND EVALUATIONS.

    (a) Priorities.--The Secretary may establish priorities for the 
regional entities to address. The priorities shall directly correspond 
with the educational needs of the region, using the regional survey 
conducted under section 203(d).
    (b) Standards.--The Secretary shall establish standards, consistent 
with those established under section 135(a) of the Education Sciences 
Reform Act of 2001, for the conduct of research and development and the 
dissemination of scientifically based research by the regional 
entities.
    (c) Evaluations.--The Secretary shall provide for ongoing 
independent evaluations of the regional entities receiving contracts 
under this title, the results of which shall be transmitted to the 
appropriate congressional committees and the Director of the Academy of 
Education Sciences. Such evaluations shall include an analysis of the 
services provided under this title, the extent to which each of the 
regional entities meets the objectives of its respective plan (as 
submitted in its application under section 202(c)(2)), and whether such 
services meet the educational needs of State educational agencies and 
local educational agencies and schools in the region.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $189,000,000 for fiscal year 2003 and such sums as may 
be necessary for each of the 5 succeeding fiscal years.
    (b) Limitation.--Not more than 5 percent of the funds appropriated 
under subsection (a) for a fiscal year may be used to establish and 
administer the regional advisory committees required under section 203 
and to conduct the evaluations required under section 204(c).

SEC. 206. GENERAL PROVISIONS.

    Part E of the Education Sciences Reform Act of 2002 applies to this 
title, as appropriate, except that any duty of the Director of the 
Academy of Education Sciences under that part shall be a duty of 
Secretary under this title.

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

SEC. 301. SHORT TITLE.

    This title may be referred to as the ``National Assessment of 
Educational Progress Authorization Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) The term ``Director'' means the Director of the Academy 
        of Education Sciences.
            (2) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated--
            (1) for fiscal year 2003--
                    (A) $4,600,000 to carry out section 302, as amended 
                by section 401 of this Act (relating to the National 
                Assessment Governing Board); and
                    (B) $107,500,000 to carry out section 303, as 
                amended by section 401 of this Act (relating to the 
                National Assessment of Educational Progress); and
            (2) such sums as may be necessary for each of the 5 
        succeeding fiscal years to carry out sections 302 and 303, as 
        amended by section 401 of this Act.
    (b) Availability.--Amounts made available under this section shall 
remain available until expended.

                    TITLE IV--AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS.

    (a) Confidentiality.--Section 408 of the National Education 
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
            (1) by striking ``center'', ``Center'', and 
        ``Commissioner'' each place any such term appears and inserting 
        ``Director'';
            (2) in subsection (a)(2)(A), by striking ``statistical 
        purpose'' and inserting ``research, statistics, or evaluation 
        purpose under this title'';
            (3) so that paragraph (1) of subsection (b) reads as 
        follows:
            ``(1) In general.--
                    ``(A) Disclosure.--No Federal department, bureau, 
                agency, officer, or employee and no recipient of a 
                Federal grant, contract, or cooperative agreement may, 
                for any reason, require the Director, any Commissioner 
                of a National Education Center, or any other employee 
                of the Academy to disclose individually identifiable 
                information that has been collected or retained under 
                this title.
                    ``(B) Immunity.--Individually identifiable 
                information collected or retained under this title 
                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.
                    ``(C) Application.--This paragraph does not apply 
                to requests for individually identifiable information 
                submitted by or on behalf of the individual identified 
                in the information.'';
            (4) in paragraphs (2) and (6) of subsection (b), by 
        striking ``subsection (a)(2)'' each place such term appears and 
        inserting ``subsection (c)(2)'';
            (5) in paragraphs (3) and (7) of subsection (b), by 
        striking ``Center's'' each place such term appears and 
        inserting ``Director's''; and
            (6) by striking the section heading and transferring all 
        the subsections (including subsections (a) through (c)) and 
        redesignating such subsections as subsections (c) through (e), 
        respectively, at the end of section 184 of this Act.
    (b) Conforming Amendment.--Sections 302 and 303 of this Act are 
redesignated as sections 304 and 305, respectively.
    (c) National Assessment Governing Board.--Section 412 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended--
            (1) in subsection (a), by striking ``referred to as the 
        `Board''' and inserting ``referred to as the `Assessment 
        Board''';
            (2) by striking ``Board'' each place such term appears 
        (other than in subsection (a)) and inserting ``Assessment 
        Board'';
            (3) by striking ``Commissioner'' each place such term 
        appears and inserting ``Commissioner for Education 
        Statistics'';
            (4) in subsection (a) by inserting ``(carried out under 
        section 303)'' after ``for the National Assessment'';
            (5) in subsection (b)(2)--
                    (A) by striking ``Assistant secretary for 
                educational research'' in the heading and inserting 
                ``Director of the academy of education sciences''; and
                    (B) by striking ``Assistant Secretary for 
                Educational Research and Improvement'' and inserting 
                ``Director of the Academy of Education Sciences'';
            (6) in subsection (e)(1)(A), by striking ``section 411(b)'' 
        and inserting ``section 303(b)'';
            (7) in subsection (e)(1)(B), by striking ``section 411(e)'' 
        and inserting ``section 303(e)'';
            (8) in subsection (e)(1)(E), by striking ``, including the 
        Advisory Council established under section 407'';
            (9) in subsections (e)(1)(F) and (e)(1)(I), by striking 
        ``section 411'' each place such term appears and inserting 
        ``section 303'';
            (10) in subsection (e)(5), by striking ``and the Advisory 
        Council on Education Statistics'';
            (11) in subsection (e)(6), by striking ``section 411(e)'' 
        and inserting ``section 303(e)''; and
            (12) by transferring and redesignating the section as 
        section 302 (following section 301) of title III of this Act.
    (d) National Assessment of Educational Progress.--Section 411 of 
the National Education Statistics Act of 1994 (20 U.S.C. 9010) is 
amended--
            (1) by striking ``Commissioner'' each place such term 
        appears and inserting ``Commissioner for Education 
        Statistics'';
            (2) by striking ``National Assessment Governing Board'' and 
        ``National Board'' each place either such term appears and 
        inserting ``Assessment Board'';
            (3) in subsection (a)--
                    (A) by striking ``section 412'' and inserting 
                ``section 302'';
                    (B) by striking ``and with the technical assistance 
                of the Advisory Council established under section 
                407,''; and
                    (C) by inserting ``(awarded by the Director, acting 
                through the Commissioner for Education Statistics)'' 
                after ``cooperative agreements'';
            (4) in subsection (b)(1), by inserting ``of'' after 
        ``academic achievement and reporting'';
            (5) in subsection (b)(3)(A)--
                    (A) in clause (i), by striking ``paragraphs (1)(B) 
                and (1)(E)'' and inserting ``paragraphs (2)(B) and 
                (2)(E)'';
                    (B) in clause (ii), by striking ``paragraph 
                (1)(C)'' and inserting ``paragraph (2)(C)''; and
                    (C) in clause (iii), by striking ``paragraph 
                (1)(D)'' and inserting ``paragraph (2)(D)'';
            (6) in subsection (b)(5), by striking ``(c)(2)'' and 
        inserting ``(c)(3)'';
            (7) in subsection (c)(2)(D), by striking ``subparagraph 
        (B)'' and inserting ``subparagraph (C)'';
            (8) in subsection (e)(4), by striking ``subparagraph 
        (2)(C)'' and inserting ``paragraph (2)(C) of such subsection'';
            (9) in subsection (f)(1)(B)(iv), by striking ``section 
        412(e)(4)'' and inserting ``section 302(e)(4)''; and
            (10) by transferring and redesignating the section as 
        section 303 (following section 302) of title III of this Act.
    (e) Table of Contents Amendment.--The items relating to title III 
in the table of contents of this Act, as amended by section 401 of this 
Act, are amended to read as follows:

        ``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

``Sec. 301. Short title.
``Sec. 302. National Assessment Governing Board.
``Sec. 303. National Assessment of Educational Progress.
``Sec. 304. Definitions.
``Sec. 305. Authorization of appropriations.''.

SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.

    The Department of Education Organization Act (20 U.S.C. 3401 et 
seq.) is amended as follows:
            (1) Paragraph (4) of section 202(b) (20 U.S.C. 3412(b)) is 
        amended to read as follows:
    ``(4) There shall be in the Department a Director of the Academy of 
Education Sciences who shall be appointed in accordance with section 
115(a) of the Education Sciences Reform Act of 2002 and perform the 
duties described in that Act.''.
            (2) Section 208 (20 U.S.C. 3419) is amended to read as 
        follows:

                    ``academy of education sciences

    ``Sec. 208. There shall be in the Department of Education an 
Academy of Education Sciences, which shall be administered in 
accordance with the Education Sciences Reform Act of 2002 by the 
Director appointed under section 115(a) of that Act.''.
            (3) In the table of contents in section 1 (20 U.S.C. 3401 
        note), the item relating to section 208 is amended to read as 
        follows:

``Sec. 208. Academy of Education Sciences.''.

SEC. 403. REPEALS.

    The following provisions of law are repealed:
            (1) 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.).
            (2) Parts A through E and K through N of the Educational 
        Research, Development, Dissemination, and Improvement Act of 
        1994 (title IX of the Goals 2000: Educate America Act) (20 
        U.S.C. 6001 et seq.).
            (3) Paragraph (2) of section 401(b) of the Department of 
        Education Organization Act (20 U.S.C. 3461(b)(2)).

SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Goals 2000: Educate America Act.--The table of contents in 
section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801 
note) is amended by striking the items relating to parts A through E of 
title IX (including the items relating to sections within those parts).
    (b) Title 5, United States Code.--Title 5, United States Code, is 
amended--
            (1) in section 5314, by inserting a period after ``Under 
        Secretary of Education''; and
            (2) in section 5315, by striking the following:
    ``Commissioner, National Center for Education Statistics.''.
    (c) General Education Provisions Act.--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 (20 U.S.C. 9003(a)(6))'' and inserting ``section 153(a)(5) of 
the Education Sciences Reform Act of 2002''.
    (d) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
as follows:
            (1) Section 1111(c)(2) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
            (2) Section 1112(b)(1)(F) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
            (3) Section 1117(a)(3) is amended--
                    (A) by inserting ``(as such section existed on the 
                day before the date of enactment of the Education 
                Sciences Reform Act of 2002)'' after ``Act of 1994''; 
                and
                    (B) by inserting ``regional educational applied 
                research and technical assistance entities established 
                under section 202 of the Regional Assistance Act of 
                2002 and'' after ``assistance from''.
            (4) Section 1501(a)(3) is amended by striking ``section 411 
        of the National Education Statistics Act of 1994'' and 
        inserting ``section 303 of the National Assessment of 
        Educational Progress Authorization Act''.
            (5) The following provisions are each amended by striking 
        ``Office of Educational Research and Improvement'' and 
        inserting ``Academy of Education Sciences'':
                    (A) Section 3222(a) (20 U.S.C. 6932(a)).
                    (B) Section 3303(1) (20 U.S.C. 7013(1)).
                    (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
                    (D) Paragraphs (1) and (2) of section 5615(d) (20 
                U.S.C. 7283d(d)).
                    (E) Paragraphs (1) and (2) of section 7131(c) (20 
                U.S.C. 7451(c)).
            (6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C. 
        7253c(e)) are each amended by striking ``such Office'' and 
        inserting ``such Academy''.
            (7) Section 5613 (20 U.S.C. 7283b) is amended--
                    (A) in subsection (a)(5), by striking ``Assistant 
                Secretary of the Office of Educational Research and 
                Improvement'' and inserting ``Director of the Academy 
                of Education Sciences''; and
                    (B) in subsection (b)(2)(B), by striking ``research 
                institutes of the Office of Educational Research and 
                Improvement'' and inserting ``National Education 
                Centers of the Academy of Education Sciences''.
            (8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C. 
        7283d(d)(1), 7451(c)(1)) are each amended by striking ``the 
        Office'' and inserting ``the Academy''.
            (9) Section 9529(b) is amended by striking ``section 
        404(a)(6) of the National Education Statistics Act of 1994'' 
        and inserting ``section 153(a)(5) of the Education Sciences 
        Reform Act of 2002''.
    (e) School-to-Work Opportunities Act of 1994.--Section 404 of the 
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194) is amended by 
inserting ``(as such Act existed on the day before the date of 
enactment of the Education Sciences Reform Act of 2002)'' after ``Act 
of 1994''.

SEC. 405. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
October 1, 2002.

SEC. 406. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, or the application of such provision to persons or circumstances 
other than those as to which the provision is held invalid, shall not 
be affected thereby.

SEC. 407. ORDERLY TRANSITION.

    The Secretary of Education shall take such steps as are necessary 
to provide for the orderly transition to, and implementation of, the 
offices, boards, committees, and centers (and their various functions 
and responsibilities) established or authorized by this Act, and by the 
amendments made by this Act, from those established or authorized by 
the Educational Research, Development, Dissemination, and Improvement 
Act of 1994 (20 U.S.C. 6001 et seq.) and the National Education 
Statistics Act of 1994 (20 U.S.C. 9001 et seq.).

            Passed the House of Representatives April 30, 2002.

            Attest:

                                                                 Clerk.