[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3801 Enrolled Bill (ENR)]

        H.R.3801

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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

Sec. 101. Short title.
Sec. 102. Definitions.

               Part A--The Institute of Education Sciences

Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.

             Part B--National Center for Education Research

Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. 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 and Regional Assistance

Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, 
          dissemination, and technical assistance.

                       Part E--General Provisions

Sec. 181. Interagency data sources and formats.
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.

               TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.

         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. Orderly transition.
Sec. 406. Impact aid.

                   TITLE I--EDUCATION SCIENCES REFORM

SEC. 101. SHORT TITLE.

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

SEC. 102. DEFINITIONS.

    In this title:
        (1) In general.--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) Applied research.--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.
        (3) Basic research.--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.
        (4) Board.--The term ``Board'' means the National Board for 
    Education Sciences established under section 116.
        (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
    Affairs.
        (6) Comprehensive center.--The term ``comprehensive center'' 
    means an entity established under section 203 of the Educational 
    Technical Assistance Act of 2002.
        (7) Department.--The term ``Department'' means the Department 
    of Education.
        (8) Development.--The term ``development'' means the systematic 
    use of knowledge or understanding gained from the findings of 
    scientifically valid research and the shaping of that knowledge or 
    understanding into products or processes that can be applied and 
    evaluated and may prove useful in areas such as the preparation of 
    materials and new methods of instruction and practices in teaching, 
    that lead to the improvement of the academic skills of students, 
    and that are replicable in different educational settings.
        (9) Director.--The term ``Director'' means the Director of the 
    Institute of Education Sciences.
        (10) Dissemination.--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, 
    parents, policymakers, and the public, through technical 
    assistance, publications, electronic transfer, and other means.
        (11) Early childhood educator.--The term ``early childhood 
    educator'' means a person providing, or employed by a provider of, 
    nonresidential child care services (including center-based, family-
    based, and in-home child care services) that is legally operating 
    under State law, and that complies with applicable State and local 
    requirements for the provision of child care services to children 
    at any age from birth through the age at which a child may start 
    kindergarten in that State.
        (12) Field-initiated research.--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.
        (13) Historically black college or university.--The term 
    ``historically Black college or university'' means a part B 
    institution as defined in section 322 of the Higher Education Act 
    of 1965 (20 U.S.C. 1061).
        (14) Institute.--The term ``Institute'' means the Institute of 
    Education Sciences established under section 111.
        (15) Institution of higher education.--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)).
        (16) National research and development center.--The term 
    ``national research and development center'' means a research and 
    development center supported under section 133(c).
        (17) Provider of early childhood services.--The term ``provider 
    of early childhood services'' means a public or private entity that 
    serves young children, including--
            (A) child care providers;
            (B) Head Start agencies operating Head Start programs, and 
        entities carrying out Early Head Start programs, under the Head 
        Start Act (42 U.S.C. 9831 et seq.);
            (C) preschools;
            (D) kindergartens; and
            (E) libraries.
        (18) Scientifically based research standards.--(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.
        (19) Scientifically valid education evaluation.--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.
        (20) Scientifically valid research.--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.
        (21) Secretary.--The term ``Secretary'' means the Secretary of 
    Education.
        (22) State.--The term ``State'' includes (except as provided in 
    section 158) each of the 50 States, the District of Columbia, the 
    Commonwealth of Puerto Rico, the freely associated states, and the 
    outlying areas.
        (23) Technical assistance.--The term ``technical assistance'' 
    means--
            (A) assistance in identifying, selecting, or designing 
        solutions based on research, including professional development 
        and high-quality training to implement solutions leading to--
                (i) improved educational and other 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 improvement 
        of teaching and learning through the applications of techniques 
        supported by scientifically valid research.

              PART A--THE INSTITUTE OF EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

    (a) Establishment.--There shall be in the Department the Institute 
of Education Sciences, to be administered by a Director (as described 
in section 114) and, to the extent set forth in section 116, a board of 
directors.
    (b) Mission.--
        (1) In general.--The mission of the Institute is to provide 
    national leadership in expanding fundamental knowledge and 
    understanding of education from early childhood through 
    postsecondary study, in order to provide parents, educators, 
    students, researchers, policymakers, and the general public with 
    reliable information about--
            (A) the condition and progress of education in the United 
        States, including early childhood education;
            (B) educational practices that support learning and improve 
        academic achievement and access to educational opportunities 
        for all students; and
            (C) the effectiveness of Federal and other education 
        programs.
        (2) Carrying out mission.--In carrying out the mission 
    described in paragraph (1), the Institute shall compile statistics, 
    develop products, and conduct research, evaluations, and wide 
    dissemination activities in areas of demonstrated national need 
    (including in technology areas) that are supported by Federal funds 
    appropriated to the Institute and ensure that such activities--
            (A) conform to high standards of quality, integrity, and 
        accuracy; and
            (B) are objective, secular, neutral, and nonideological and 
        are free of partisan political influence and racial, cultural, 
        gender, or regional bias.
    (c) Organization.--The Institute shall consist of the following:
        (1) The Office of the Director (as described in section 114).
        (2) The National Board for Education Sciences (as described in 
    section 116).
        (3) The National Education Centers, which include--
            (A) the National Center for Education Research (as 
        described in part B);
            (B) the National Center for Education Statistics (as 
        described in part C); and
            (C) the National Center for Education Evaluation and 
        Regional Assistance (as described in part D).

SEC. 112. FUNCTIONS.

    From funds appropriated under section 194, the Institute, directly 
or through grants, contracts, or cooperative agreements, shall--
        (1) conduct and support scientifically valid research 
    activities, including basic research and applied research, 
    statistics activities, scientifically valid education evaluation, 
    development, and wide dissemination;
        (2) widely disseminate the findings and results of 
    scientifically valid research in education;
        (3) promote the use, development, and application of knowledge 
    gained from scientifically valid research activities;
        (4) strengthen the national capacity to conduct, develop, and 
    widely disseminate scientifically valid research in education;
        (5) promote the coordination, development, and dissemination of 
    scientifically valid research in education within the Department 
    and the Federal Government; and
        (6) promote the use and application of research and development 
    to improve practice in the classroom.

SEC. 113. 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 (except section 302(e)(1)(J) 
    of such Act) shall 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 (including with respect to the methodologies of the 
    National Assessment of Educational Progress described in section 
    302(e)(1)(E)) from those authorized by the National Education 
    Statistics Act of 1994 (20 U.S.C. 9001 et seq.) on the day before 
    the date of 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 115 and 116 shall not apply to the National 
    Assessment of Educational Progress; and
        (5) sections 115 and 116 shall not apply to the National 
    Assessment Governing Board.
    (b) Other Activities.--The Secretary may assign the Institute 
responsibility for administering other activities, if those activities 
are consistent with--
        (1) the Institute's priorities, as approved by the National 
    Board for Education Sciences under section 116, and the Institute's 
    mission, as described in section 111(b); or
        (2) the Institute's mission, but only if those activities do 
    not divert the Institute from its priorities.

SEC. 114. OFFICE OF THE DIRECTOR.

    (a) Appointment.--Except as provided in subsection (b)(2), the 
President, by and with the advice and consent of the Senate, shall 
appoint the Director of the Institute.
    (b) Term.--
        (1) In general.--The Director shall serve for a term of 6 
    years, beginning on the date of appointment of the Director.
        (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 Institute.
        (3) Subsequent directors.--The Board may make recommendations 
    to the President with respect to the appointment of a Director 
    under subsection (a), other than a Director appointed under 
    paragraph (2).
    (c) Pay.--The Director shall receive the rate of basic pay for 
level II 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, oversee, and coordinate the activities carried 
    out under the Institute, 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 Institute, in 
    accordance with section 115(a).
        (2) To ensure the methodology applied in conducting research, 
    development, 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 Institute 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 Institute, 
    consistent with section 116(b)(3).
        (6) To ensure that all participants in research conducted or 
    supported by the Institute are afforded their privacy rights and 
    other relevant protections as research subjects, in accordance with 
    section 183 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 
    Institute 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 
    of the Institute, including historically Black colleges or 
    universities or 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 Institute and 
    comprehensive centers.
        (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 Institute's activities.
        (11) To coordinate the wide dissemination of information on 
    scientifically valid research.
        (12) To carry out and support other activities consistent with 
    the priorities and mission of the Institute.
    (g) Expert Guidance and Assistance.--The Director may establish 
technical and scientific peer-review groups and scientific program 
advisory committees for research and evaluations 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 \1/4\ 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.
    (h) Review.--The Director may, when requested by other officers of 
the Department, and shall, when directed by the Secretary, review the 
products and publications of other offices of the Department to certify 
that evidence-based claims about those products and publications are 
scientifically valid.

SEC. 115. PRIORITIES.

    (a) Proposal.--The Director shall propose to the Board priorities 
for the Institute (taking into consideration long-term research and 
development on core issues conducted through the national research and 
development centers). The Director shall identify 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.) 
and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such 
as--
        (1) closing the achievement gap between high-performing and 
    low-performing children, especially achievement gaps between 
    minority and nonminority children and between disadvantaged 
    children and such children's more advantaged peers; and
        (2) ensuring--
            (A) that all children have the ability to obtain a high-
        quality education (from early childhood through postsecondary 
        education) and reach, at a minimum, proficiency on challenging 
        State academic achievement standards and State academic 
        assessments, particularly in mathematics, science, and reading 
        or language arts;
            (B) access to, and opportunities for, postsecondary 
        education; and
            (C) the efficacy, impact on academic achievement, and cost-
        effectiveness of technology use within the Nation's schools.
    (b) Approval.--The Board shall approve or disapprove the priorities 
for the Institute 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 
Institute and the National Education Centers are consistent with the 
mission of the Institute.
    (d) Public Availability and Comment.--
        (1) Priorities.--Before submitting to the Board proposed 
    priorities for the Institute, the Director shall make such 
    priorities available to the public for comment for not less than 60 
    days (including by means of the Internet and through publishing 
    such priorities in the Federal Register). The Director shall 
    provide to the Board a copy of each such comment submitted.
        (2) Plan.--Upon approval of such priorities, the Director shall 
    make the Institute's plan for addressing such priorities available 
    for public comment in the same manner as under paragraph (1).

SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.

    (a) Establishment.--The Institute shall have a board of directors, 
which shall be known as the National Board for Education Sciences.
    (b) Duties.--The duties of the Board shall be the following:
        (1) To advise and consult with the Director on the policies of 
    the Institute.
        (2) To consider and approve priorities proposed by the Director 
    under section 115 to guide the work of the Institute.
        (3) To review and approve procedures for technical and 
    scientific peer review of the activities of the Institute.
        (4) To advise the Director on the establishment of activities 
    to be supported by the Institute, 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 Institute.
        (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 Institute, 
    to ensure that scientifically valid research, development, 
    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 Institute 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 wide dissemination of research, 
    consistent with the priorities and mission of the Institute.
        (10) To advise the Director on opportunities for the 
    participation in, and the advancement of, women, minorities, and 
    persons with disabilities in education research, statistics, and 
    evaluation activities of the Institute.
        (11) To recommend to the Director ways to 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, by and with the advice and consent of 
    the Senate.
        (2) Advice.--The President shall solicit advice regarding 
    individuals to serve on the Board from the National Academy of 
    Sciences, the National Science Board, and the National Science 
    Advisor.
        (3) Nonvoting ex officio members.--The Board shall have the 
    following nonvoting ex officio members:
            (A) The Director of the Institute 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 the 
        following individuals:
                (i) Not fewer than 8 researchers in the field of 
            statistics, evaluation, social sciences, or physical and 
            biological sciences, which may include those researchers 
            recommended by the National Academy of Sciences.
                (ii) Individuals who are knowledgeable about the 
            educational needs of the United States, who may include 
            school-based professional educators, parents (including 
            parents with experience in promoting parental involvement 
            in education), Chief State School Officers, State 
            postsecondary education executives, presidents of 
            institutions of higher education, local educational agency 
            superintendents, early childhood experts, principals, 
            members of State or local boards of education or Bureau-
            funded school boards, and individuals from business and 
            industry with experience in promoting private sector 
            involvement in education.
            (B) Terms.--Each member appointed under paragraph (1) shall 
        serve for a term of 4 years, except that--
                (i) 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 5 members;
                    (II) 3 years for each of 5 members; and
                    (III) 2 years for each of 5 members; and

                (ii) no member appointed under such paragraph shall 
            serve for more than 2 consecutive terms.
            (C) 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.
            (D) Conflict of interest.--A voting member of the Board 
        shall be considered a special Government employee for the 
        purposes of the Ethics in Government Act of 1978.
        (5) Chair.--The Board shall elect a chair from among the 
    members of the Board.
        (6) Compensation.--Members of the Board shall serve without pay 
    for such service. Members of the Board who are officers or 
    employees of the United States may not receive additional pay, 
    allowances, or benefits by reason of their service on the Board.
        (7) Travel expenses.--The members of the Board shall receive 
    travel expenses, including per 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 and the Executive 
        Director.
            (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 determines necessary to carry out its functions.
        (9) Meetings.--The Board shall meet not less than 3 times each 
    year. The Board shall hold additional meetings at the call of the 
    Chair or upon the written request of not less than 6 voting members 
    of the Board. Meetings of the Board shall be open to the public.
        (10) Quorum.--A majority of the voting members of the Board 
    serving at the time of the meeting shall constitute a quorum.
    (d) Standing Committees.--
        (1) Establishment.--The Board may establish standing 
    committees--
            (A) that will each serve 1 of the National Education 
        Centers; and
            (B) to advise, consult with, and make recommendations to 
        the Director and the Commissioner of the appropriate National 
        Education Center.
        (2) Membership.--A majority of the members of each standing 
    committee shall be voting members of the Board whose expertise is 
    needed for the 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) review and comment, at the discretion of the Board or 
        the standing committee, on any grant, contract, or cooperative 
        agreement entered into (or proposed to be entered into) by the 
        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) report periodically 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 
Institute in carrying out its priorities and mission, especially as 
such priorities and mission relate to carrying out scientifically valid 
research, conducting unbiased evaluations, collecting and reporting 
accurate education statistics, and translating research into practice.
    (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 may be taken to 
enhance the ability of the Institute to carry out its priorities and 
mission. The Board shall submit an interim report not later 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. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

    (a) Appointment of Commissioners.--
        (1) In general.--Except as provided in subsection (b), each of 
    the National Education Centers shall be headed by a Commissioner 
    appointed by the Director. In appointing Commissioners, the 
    Director shall seek to promote continuity in leadership of the 
    National Education Centers and shall consider 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.
        (2) Pay and qualifications.--Except as provided in subsection 
    (b), each Commissioner shall--
            (A) receive the rate of basic pay for level IV of the 
        Executive Schedule; and
            (B) be highly qualified in the field of education research 
        or evaluation.
        (3) Service.--Except as provided in subsection (b), each 
    Commissioner shall report to the Director. A Commissioner shall 
    serve for a period of not more than 6 years, except that a 
    Commissioner--
            (A) may be reappointed by the Director; and
            (B) may serve after the expiration of that Commissioner's 
        term, until a successor has been appointed, for a period not to 
        exceed 1 additional year.
    (b) Appointment of Commissioner for Education Statistics.--The 
National Center for Education Statistics shall be headed by a 
Commissioner for Education Statistics who shall be appointed by the 
President, by and with the advice and consent of the Senate, and who 
shall--
        (1) have substantial knowledge of programs assisted by the 
    National Center for Education Statistics;
        (2) receive the rate of basic pay for level IV of the Executive 
    Schedule; and
        (3) serve for a term of 6 years, with the term to expire every 
    sixth June 21, beginning in 2003.
    (c) Coordination.--Each Commissioner of a National Education Center 
shall coordinate with each of the other Commissioners of the National 
Education Centers in carrying out such Commissioner's duties under this 
title.
    (d) Supervision and Approval.--Each Commissioner, except the 
Commissioner for Education Statistics, shall carry out such 
Commissioner's duties under this title under the supervision and 
subject to the approval of the Director.

SEC. 118. AGREEMENTS.

    The Institute may carry out research projects of common interest 
with entities such as the National Science Foundation and the National 
Institute of Child Health and Human Development through agreements with 
such entities that are in accordance with section 430 of the General 
Education Provisions Act (20 U.S.C. 1231).

SEC. 119. BIENNIAL REPORT.

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

SEC. 120. COMPETITIVE AWARDS.

    Activities carried out under this Act through grants, contracts, or 
cooperative agreements, at a minimum, shall be awarded on a competitive 
basis and, when practicable, through a process of peer review.

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a 
National Center for Education Research (in this part referred to as the 
``Research Center'').
    (b) Mission.--The mission of the Research Center is--
        (1) to sponsor sustained research that will lead to the 
    accumulation of knowledge and understanding of education, to--
            (A) ensure that all children have access to a high-quality 
        education;
            (B) improve student academic achievement, including through 
        the use of educational technology;
            (C) close the achievement gap between high-performing and 
        low-performing students through the improvement of teaching and 
        learning of reading, writing, mathematics, science, and other 
        academic subjects; and
            (D) improve access to, and opportunity for, postsecondary 
        education;
        (2) to support the synthesis and, as appropriate, the 
    integration of education research;
        (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 
        Institute 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 Institute, 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 114(f)(5) and the standards of research 
        described in section 134; and
            (C) includes both basic research and applied research, 
        which shall include research conducted through field-initiated 
        research and ongoing research initiatives;
        (5) promote the use of scientifically valid research within the 
    Federal Government, including active participation in interagency 
    research projects described in section 118;
        (6) ensure that research conducted under the direction of the 
    Research Center is relevant to education practice and policy;
        (7) synthesize and disseminate, through the National Center for 
    Education Evaluation and Regional Assistance, the findings and 
    results of education research conducted or supported by the 
    Research Center;
        (8) assist the Director in the preparation of a biennial 
    report, as described in section 119;
        (9) carry out research on successful State and local education 
    reform activities, including those that result in increased 
    academic achievement and in closing the achievement gap, as 
    approved by the Director;
        (10) carry out research initiatives regarding the impact of 
    technology, including--
            (A) research into how technology affects student 
        achievement;
            (B) long-term research into cognition and learning issues 
        as they relate to the uses of technology;
            (C) rigorous, peer-reviewed, large-scale, long-term, and 
        broadly applicable empirical research that is designed to 
        determine which approaches to the use of technology are most 
        effective and cost-efficient in practice and under what 
        conditions; and
            (D) field-based research on how teachers implement 
        technology and Internet-based resources in the classroom, 
        including an understanding how these resources are being 
        accessed, put to use, and the effectiveness of such resources; 
        and
        (11) carry out research that is rigorous, peer-reviewed, and 
    large scale to determine which methods of mathematics and science 
    teaching are most effective, cost efficient, and able to be 
    applied, duplicated, and scaled up for use in elementary and 
    secondary classrooms, including in low-performing schools, to 
    improve the teaching of, and student achievement in, mathematics 
    and science as required under the Elementary and Secondary 
    Education Act of 1965 (20 U.S.C. 6301 et seq.).
    (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 Research Commissioner shall support not less than 8 
    national research and development centers. The Research 
    Commissioner shall assign each of the 8 national research and 
    development centers not less than 1 of the topics described in 
    paragraph (2). In addition, the Research Commissioner may assign 
    each of the 8 national research and development centers additional 
    topics of research consistent with the mission and priorities of 
    the Institute and the mission of the Research Center.
        (2) Topics of research.--The Research Commissioner shall 
    support the following topics of research, through national research 
    and development centers or through other means:
            (A) Adult literacy.
            (B) Assessment, standards, and accountability research.
            (C) Early childhood development and education.
            (D) English language learners research.
            (E) Improving low achieving schools.
            (F) Innovation in education reform.
            (G) State and local policy.
            (H) Postsecondary education and training.
            (I) Rural education.
            (J) Teacher quality.
            (K) Reading and literacy.
        (3) Duties of centers.--The national research and development 
    centers shall address areas of national need, including in 
    educational technology areas. The Research Commissioner may support 
    additional national research and development centers to address 
    topics of research not described in paragraph (2) if such topics 
    are consistent with the priorities and mission of the Institute and 
    the mission of the Research Center. The research carried out by the 
    centers shall incorporate the potential or existing role of 
    educational technology, where appropriate, in achieving the goals 
    of each center.
        (4) Scope.--Support for a national research and development 
    center shall be for a period of not more than 5 years, shall be of 
    sufficient size and scope to be effective, and notwithstanding 
    section 134(b), may be renewed without competition for not more 
    than 5 additional years if the Director, in 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 Institute; and
            (B) merits renewal (applying the procedures and standards 
        established in section 134).
        (5) Limit.--No national research and development center may be 
    supported under this subsection for a period of more than 10 years 
    without submitting to a competitive process for the award of the 
    support.
        (6) Continuation of awards.--The Director shall continue awards 
    made to the national research and development centers that are in 
    effect on the day before the date of enactment of this Act in 
    accordance with the terms of those awards and may renew them in 
    accordance with paragraphs (4) and (5).
        (7) Disaggregation.--To the extent feasible, research conducted 
    under this subsection shall be disaggregated by age, race, gender, 
    and socioeconomic background.

SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.

    (a) In General.--In carrying out this part, the 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 wide 
    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) Peer Review.--
        (1) In general.--The Director shall establish a peer review 
    system, involving highly qualified individuals with an in-depth 
    knowledge of the subject to be investigated, for reviewing and 
    evaluating all applications for grants and cooperative agreements 
    that exceed $100,000, and for evaluating and assessing the products 
    of research by all recipients of grants and cooperative agreements 
    under this Act.
        (2) Evaluation.--The Research Commissioner shall--
            (A) develop the procedures to be used in evaluating 
        applications for research grants, cooperative agreements, and 
        contracts, and specify the criteria and factors (including, as 
        applicable, the use of longitudinal data linking test scores, 
        enrollment, and graduation rates over time) which shall be 
        considered in making such 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 Research Commissioner shall ensure 
that not less than 50 percent of the funds made available for research 
for each fiscal year shall be used to fund long-term research programs 
of not less than 5 years, which support the priorities and mission of 
the Institute and the mission of the Research Center.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute 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 be highly qualified and 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 (disaggregated by the population characteristics 
    described in paragraph (3)) on the condition and progress of 
    education, at the preschool, elementary, secondary, postsecondary, 
    and adult levels in the United States, including data on--
            (A) State and local education reform activities;
            (B) State and local early childhood school readiness 
        activities;
            (C) student achievement in, at a minimum, the core academic 
        areas of reading, mathematics, and science at all levels of 
        education;
            (D) secondary school completions, dropouts, and adult 
        literacy and reading skills;
            (E) access to, and opportunity for, postsecondary 
        education, including data on financial aid to postsecondary 
        students;
            (F) 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, including technology 
            courses; 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;
            (G) instruction, the conditions of the education workplace, 
        and the supply of, and demand for, teachers;
            (H) the incidence, frequency, seriousness, and nature of 
        violence affecting students, school personnel, and other 
        individuals participating in school activities, as well as 
        other indices of school safety, including information 
        regarding--
                (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;
            (I) the financing and management of education, including 
        data on revenues and expenditures;
            (J) the social and economic status of children, including 
        their academic achievement;
            (K) the existence and use of educational technology and 
        access to the Internet by students and teachers in elementary 
        schools and secondary schools;
            (L) access to, and opportunity for, early childhood 
        education;
            (M) the availability of, and access to, before-school and 
        after-school programs (including such programs during school 
        recesses);
            (N) student participation in and completion of secondary 
        and postsecondary vocational and technical education programs 
        by specific program area; and
            (O) the existence and use of school libraries;
        (2) conducting and publishing reports on the meaning and 
    significance of the statistics described in paragraph (1);
        (3) collecting, analyzing, cross-tabulating, and reporting, to 
    the extent feasible, information by gender, race, ethnicity, 
    socioeconomic status, limited English proficiency, mobility, 
    disability, urban, rural, suburban districts, and other population 
    characteristics, when such disaggregated information will 
    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 and with the development of 
    longitudinal student data systems;
        (5) determining voluntary standards and guidelines to assist 
    State educational agencies in developing statewide longitudinal 
    data systems that link individual student data consistent with the 
    requirements of the Elementary and Secondary Education Act of 1965 
    (20 U.S.C. 6301 et seq.), promote linkages across States, and 
    protect student privacy consistent with section 183, to improve 
    student academic achievement and close achievement gaps;
        (6) acquiring and disseminating data on educational activities 
    and student achievement (such as the Third International Math and 
    Science Study) in the United States compared with foreign nations;
        (7) conducting longitudinal and special data collections 
    necessary to report on the condition and progress of education;
        (8) assisting the Director in the preparation of a biennial 
    report, as described in section 119; and
        (9) determining, in consultation with the National Research 
    Council of the National Academies, methodology by which States may 
    accurately measure graduation rates (defined as the percentage of 
    students who graduate from secondary school with a regular diploma 
    in the standard number of years), school completion rates, and 
    dropout rates.
    (b) Training Program.--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 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 higher 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 Institute and by other 
        Federal departments, agencies, and instrumentalities.
        (3) Collection.--The Statistics Commissioner may--
            (A) enter into interagency agreements for the collection of 
        statistics;
            (B) arrange with any agency, organization, or institution 
        for the collection of statistics; and
            (C) assign employees of the Statistics Center to any such 
        agency, organization, or institution to assist in such 
        collection.
        (4) Technical assistance and 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.
    (c) Duration.--Notwithstanding any other provision of law, the 
grants, contracts, and cooperative agreements under this section may be 
awarded, on a competitive basis, for a period of not more than 5 years, 
and may be renewed at the discretion of the Statistics Commissioner for 
an additional period of not more than 5 years.

SEC. 155. REPORTS.

    (a) Procedures for Issuance of Reports.--The Statistics 
Commissioner, shall establish procedures, in accordance with section 
186, to ensure that the reports issued under this section are relevant, 
of high quality, useful to customers, subject to rigorous peer review, 
produced in a timely fashion, and free from any partisan political 
influence.
    (b) Report on Condition and Progress of Education.--Not later than 
June 1, 2003, and each June 1 thereafter, the Statistics Commissioner, 
shall submit to the President and the appropriate congressional 
committees a statistical report on the condition and progress of 
education in the United States.
    (c) Statistical Reports.--The Statistics 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 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 
    educational agencies, local educational agencies, and institutions 
    of higher education with opportunities to suggest the establishment 
    of particular compilations of statistics, surveys, and analyses 
    that will 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 as determined by the Secretary.
    (d) Fees.--
        (1) In general.--Statistical compilations and surveys under 
    this section, other than those carried out pursuant to subsections 
    (b) and (c), may be made subject to the payment of the actual or 
    estimated cost of such work.
        (2) Funds received.--All funds received in payment for work or 
    services described in this subsection may be used to pay directly 
    the costs of such work or services, to repay appropriations that 
    initially bore all or part of such costs, or to refund excess sums 
    when necessary.
    (e) Access.--
        (1) Other agencies.--The Statistics Center shall, consistent 
    with section 183, cooperate with other Federal agencies having a 
    need for educational data in providing access to educational data 
    received by the Statistics Center.
        (2) Interested parties.--The Statistics 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 1 or more national cooperative 
education statistics systems for the purpose of producing and 
maintaining, with the cooperation of the States, comparable and uniform 
information and data on early childhood education, elementary and 
secondary 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 AND REGIONAL 
                               ASSISTANCE

SEC. 171. ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a 
National Center for Education Evaluation and Regional Assistance.
    (b) Mission.--The mission of the National Center for Education 
Evaluation and Regional Assistance shall be--
        (1) to provide technical assistance;
        (2) to conduct evaluations of Federal education programs 
    administered by the Secretary (and as time and resources allow, 
    other education programs) to determine the impact of such programs 
    (especially on student academic achievement in the core academic 
    areas of reading, mathematics, and science);
        (3) to support synthesis and wide dissemination of results of 
    evaluation, research, and products developed; and
        (4) to encourage the use of scientifically valid education 
    research and evaluation throughout the United States.
    (c) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Director may award grants, enter into 
contracts and cooperative agreements, and provide technical assistance.

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND REGIONAL 
              ASSISTANCE.

    (a) In General.--The National Center for Education Evaluation and 
Regional Assistance shall be headed by a Commissioner for Education 
Evaluation and Regional Assistance (in this part referred to as the 
``Evaluation and Regional Assistance Commissioner'') who is highly 
qualified and has demonstrated a capacity to carry out the mission of 
the Center and shall--
        (1) conduct evaluations pursuant to section 173;
        (2) widely disseminate information on scientifically valid 
    research, statistics, and evaluation on education, particularly to 
    State educational agencies and local educational agencies, to 
    institutions of higher education, to the public, the media, 
    voluntary organizations, professional associations, 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;
            (D) education technology, including software; and
            (E) those topics covered by the Educational Resources 
        Information Center Clearinghouses (established under section 
        941(f) of the Educational Research, Development, Dissemination, 
        and Improvement Act of 1994 (20 U.S.C. 6041(f)) (as such 
        provision was in effect on the day before the date of enactment 
        of this Act);
        (3) make such information accessible in a user-friendly, 
    timely, and efficient manner (including through use of a searchable 
    Internet-based online database that shall include all topics 
    covered in paragraph (2)(E)) to schools, institutions of higher 
    education, educators (including early childhood educators), 
    parents, administrators, policymakers, researchers, public and 
    private entities (including providers of early childhood services), 
    entities responsible for carrying out technical assistance through 
    the Department, and the general public;
        (4) support the regional educational laboratories in conducting 
    applied research, the development and dissemination of educational 
    research, products and processes, the provision of technical 
    assistance, and other activities to serve the educational needs of 
    such laboratories' regions;
        (5) manage the National Library of Education described in 
    subsection (d), and other sources of digital information on 
    education research;
        (6) assist the Director in the preparation of a biennial 
    report, described in section 119; and
        (7) award a contract for a prekindergarten through grade 12 
    mathematics and science teacher clearinghouse.
    (b) Additional Duties.--In carrying out subsection (a), the 
Evaluation and Regional Assistance Commissioner shall--
        (1) ensure that information disseminated under this section is 
    provided in a cost-effective, nonduplicative manner that includes 
    the most current research findings, which may include through the 
    continuation of individual clearinghouses authorized under the 
    Educational Research, Development, Dissemination, and Improvement 
    Act of 1994 (title IX of the Goals 2000: Educate America Act; 20 
    U.S.C. 6001 et seq.) (as such Act existed on the day before the 
    date of enactment of this Act);
        (2) describe prominently the type of scientific evidence that 
    is used to support the findings that are disseminated;
        (3) explain clearly the scientifically appropriate and 
    inappropriate uses of--
            (A) the findings that are disseminated; and
            (B) the types of evidence used to support those findings; 
        and
        (4) respond, as appropriate, to inquiries from schools, 
    educators, parents, administrators, policymakers, researchers, 
    public and private entities, and entities responsible for carrying 
    out technical assistance.
    (c) Continuation.--The Director shall continue awards for the 
support of the Educational Resources Information Center Clearinghouses 
and contracts for regional educational laboratories (established under 
subsections (f) and (h) of section 941 of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 
6041(f) and (h)) (as such awards were in effect on the day before the 
date of enactment of this Act)) for the duration of those awards, in 
accordance with the terms and agreements of such awards.
    (d) National Library of Education.--
        (1) Establishment.--There is established within the National 
    Center for Education Evaluation and Regional Assistance a National 
    Library of Education that shall--
            (A) be headed by an individual who is highly qualified in 
        library science;
            (B) collect and archive information;
            (C) provide a central location within the Federal 
        Government for information about education;
            (D) provide comprehensive reference services on matters 
        related to education to employees of the Department of 
        Education and its contractors and grantees, other Federal 
        employees, and members of the public; and
            (E) promote greater cooperation and resource sharing among 
        providers and repositories of education information in the 
        United States.
        (2) Information.--The information collected and archived by the 
    National Library of Education shall include--
            (A) products and publications developed through, or 
        supported by, the Institute; and
            (B) other relevant and useful education-related research, 
        statistics, and evaluation materials and other information, 
        projects, and publications that are--
                (i) consistent with--

                    (I) scientifically valid research; or
                    (II) the priorities and mission of the Institute; 
                and

                (ii) developed by the Department, other Federal 
            agencies, or entities (including entities supported under 
            the Educational Technical Assistance Act of 2002 and the 
            Educational Resources Information Center Clearinghouses 
            (established under section 941(f) of the Educational 
            Research, Development, Dissemination, and Improvement Act 
            of 1994 (20 U.S.C. 6041(f)) (as such provision was in 
            effect on the day before the date of enactment of this 
            Act))).

SEC. 173. EVALUATIONS.

    (a) In General.--
        (1) Requirements.--In carrying out its missions, the National 
    Center for Education Evaluation and Regional Assistance may--
            (A) conduct or support evaluations consistent with the 
        Center's mission as described in section 171(b);
            (B) evaluate programs under title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
            (C) to the extent practicable, examine evaluations 
        conducted or supported by others in order to determine the 
        quality and relevance of the evidence of effectiveness 
        generated by those evaluations, with the approval of the 
        Director;
            (D) coordinate the activities of the National Center for 
        Education Evaluation and Regional Assistance with other 
        evaluation activities in the Department;
            (E) review and, where feasible, supplement Federal 
        education program evaluations, particularly those by the 
        Department, to determine or enhance the quality and relevance 
        of the evidence generated by those evaluations;
            (F) establish evaluation methodology; and
            (G) assist the Director in the preparation of the biennial 
        report, as described in section 119.
        (2) Additional requirements.--Each evaluation conducted by the 
    National Center for Education Evaluation and Regional Assistance 
    pursuant to paragraph (1) shall--
            (A) adhere to the highest possible standards of quality for 
        conducting scientifically valid education evaluation; and
            (B) be subject to rigorous peer-review.
    (b) Administration of Evaluations Under Title I of the Elementary 
and Secondary Education Act of 1965.--The Evaluation and Regional 
Assistance Commissioner, consistent with the mission of the National 
Center for Education Evaluation and Regional Assistance under section 
171(b), shall administer all operations and contracts associated with 
evaluations authorized by part E of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) and 
administered by the Department as of the date of enactment of this Act.

SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, DEVELOPMENT, 
              DISSEMINATION, AND TECHNICAL ASSISTANCE.

    (a) Regional Educational Laboratories.--The Director shall enter 
into contracts with entities to establish a networked system of 10 
regional educational laboratories that serve the needs of each region 
of the United States in accordance with the provisions of this section. 
The amount of assistance allocated to each laboratory by the Evaluation 
and Regional Assistance Commissioner shall reflect the number of local 
educational agencies and the number of school-age children within the 
region served by such laboratory, as well as the cost of providing 
services within the geographic area encompassed by the region.
    (b) Regions.--The regions served by the regional educational 
laboratories shall be the 10 geographic regions 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).
    (c) Eligible Applicants.--The Director may enter into contracts 
under this section with 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 this section, including 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)).
    (d) Applications.--
        (1) Submission.--Each applicant desiring a contract under this 
    section shall submit an application at such time, in such manner, 
    and containing such information as the Director may reasonably 
    require.
        (2) Plan.--Each application submitted under paragraph (1) shall 
    contain a 5-year plan for carrying out the activities described in 
    this section in a manner that addresses the priorities established 
    under section 207 and addresses the needs of all States (and to the 
    extent practicable, of local educational agencies) within the 
    region to be served by the regional educational laboratory, on an 
    ongoing basis.
    (e) Entering into Contracts.--
        (1) In general.--In entering into contracts under this section, 
    the Director shall--
            (A) enter into contracts for a 5-year period; and
            (B) ensure that regional educational laboratories 
        established under this section 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 
    Evaluation and Regional Assistance Commissioner shall--
            (A) share information about the activities of each regional 
        educational laboratory awarded a contract under this section 
        with each other regional educational laboratory awarded a 
        contract under this section and with the Department of 
        Education, including the Director and the Board;
            (B) oversee a strategic plan for ensuring that each 
        regional educational laboratory awarded a contract under this 
        section increases collaboration and resource-sharing in such 
        activities;
            (C) ensure, where appropriate, that the activities of each 
        regional educational laboratory awarded a contract under this 
        section also serve national interests; and
            (D) ensure that each regional educational laboratory 
        awarded a contract under this section coordinates such 
        laboratory's activities with the activities of each other 
        regional technical assistance provider.
        (3) Outreach.--In conducting competitions for contracts under 
    this section, the Director shall--
            (A) actively encourage eligible entities to compete for 
        such awards by making information and technical assistance 
        relating to the competition widely available; and
            (B) seek input from the chief executive officers of States, 
        chief State school officers, educators, and parents regarding 
        the need for applied research, wide dissemination, training, 
        technical assistance, and development activities authorized by 
        this title in the regions to be served by the regional 
        educational laboratories and how those educational needs could 
        be addressed most effectively.
        (4) Objectives and indicators.--Before entering into a contract 
    under this section, the Director shall design specific objectives 
    and measurable indicators to be used to assess the particular 
    programs or initiatives, and ongoing progress and performance, of 
    the regional educational laboratories, 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.
        (5) Standards.--The Evaluation and Regional Assistance 
    Commissioner shall establish a system for technical and peer review 
    to ensure that applied research activities, research-based reports, 
    and products of the regional educational laboratories are 
    consistent with the research standards described in section 134 and 
    the evaluation standards adhered to pursuant to section 
    173(a)(2)(A).
    (f) Central Mission and Primary Function.--Each regional 
educational laboratory awarded a contract under this section shall 
support applied research, development, wide dissemination, and 
technical assistance activities by--
        (1) providing training (which may include supporting 
    internships and fellowships and providing stipends) and technical 
    assistance to State educational agencies, local educational 
    agencies, school boards, schools funded by the Bureau as 
    appropriate, and State boards of education regarding, at a 
    minimum--
            (A) the administration and implementation of programs under 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6301 et seq.);
            (B) scientifically valid research in education on teaching 
        methods, assessment tools, and high quality, challenging 
        curriculum frameworks for use by teachers and administrators 
        in, at a minimum--
                (i) the core academic subjects of mathematics, science, 
            and reading;
                (ii) English language acquisition;
                (iii) education technology; and
                (iv) the replication and adaption of exemplary and 
            promising practices and new educational methods, including 
            professional development strategies and the use of 
            educational technology to improve teaching and learning; 
            and
            (C) the facilitation of communication between educational 
        experts, school officials, and teachers, parents, and 
        librarians, to enable such individuals to assist schools to 
        develop a plan to meet the State education goals;
        (2) developing and widely disseminating, including through 
    Internet-based means, scientifically valid research, information, 
    reports, and publications that are usable for improving academic 
    achievement, closing achievement gaps, and encouraging and 
    sustaining school improvement, to--
            (A) schools, districts, institutions of higher education, 
        educators (including early childhood educators and librarians), 
        parents, policymakers, and other constituencies, as 
        appropriate, within the region in which the regional 
        educational laboratory is located; and
            (B) the National Center for Education Evaluation and 
        Regional Assistance;
        (3) developing a plan for identifying and serving the needs of 
    the region by conducting a continuing survey of the educational 
    needs, strengths, and weaknesses within the region, including a 
    process of open hearings to solicit the views of schools, teachers, 
    administrators, parents, local educational agencies, librarians, 
    and State educational agencies within the region;
        (4) in the event such quality applied research does not exist 
    as determined by the regional educational laboratory or the 
    Department, carrying out applied research projects that are 
    designed to serve the particular educational needs (in 
    prekindergarten through grade 16) of the region in which the 
    regional educational laboratory is located, that reflect findings 
    from scientifically valid research, and that result in user-
    friendly, replicable school-based classroom applications geared 
    toward promoting increased student achievement, including using 
    applied research to assist in solving site-specific problems and 
    assisting in development activities (including high-quality and on-
    going professional development and effective parental involvement 
    strategies);
        (5) supporting and serving the educational development 
    activities and needs of the region by providing educational applied 
    research in usable forms to promote school-improvement, academic 
    achievement, and the closing of achievement gaps and contributing 
    to the current base of education knowledge by addressing enduring 
    problems in elementary and secondary education and access to 
    postsecondary education;
        (6) collaborating and coordinating services with other 
    technical assistance providers funded by the Department of 
    Education;
        (7) assisting in gathering information on school finance 
    systems to promote improved access to educational opportunities and 
    to better serve all public school students;
        (8) assisting in gathering information on alternative 
    administrative structures that are more conducive to planning, 
    implementing, and sustaining school reform and improved academic 
    achievement;
        (9) bringing teams of experts together to develop and implement 
    school improvement plans and strategies, especially in low-
    performing or high poverty schools; and
        (10) developing innovative approaches to the application of 
    technology in education that are unlikely to originate from within 
    the private sector, but which could result in the development of 
    new forms of education software, education content, and technology-
    enabled pedagogy.
    (g) Activities.--Each regional educational laboratory awarded a 
contract under this section shall carry out the following activities:
        (1) Collaborate with the National Education Centers in order 
    to--
            (A) maximize the use of research conducted through the 
        National Education Centers in the work of such laboratory;
            (B) keep the National Education Centers apprised of the 
        work of the regional educational laboratory in the field; and
            (C) inform the National Education Centers about additional 
        research needs identified in the field.
        (2) Consult with the State educational agencies and local 
    educational agencies in the region in developing the plan for 
    serving the region.
        (3) Develop strategies to utilize schools as critical 
    components in reforming education and revitalizing rural 
    communities in the United States.
        (4) Report and disseminate information on overcoming the 
    obstacles faced by educators and schools in high poverty, urban, 
    and rural areas.
        (5) Identify successful educational programs that have either 
    been developed by such laboratory in carrying out such laboratory's 
    functions or that have been developed or used by others within the 
    region served by the laboratory and make such information available 
    to the Secretary and the network of regional educational 
    laboratories so that such programs may be considered for inclusion 
    in the national education dissemination system.
    (h) Governing Board and Allocation.--
        (1) In general.--In carrying out its responsibilities, each 
    regional educational laboratory awarded a contract under this 
    section, in keeping with the terms and conditions of such 
    laboratory's contract, shall--
            (A) establish a governing board that--
                (i) reflects a balanced representation of--

                    (I) the States in the region;
                    (II) the interests and concerns of regional 
                constituencies; and
                    (III) technical expertise;

                (ii) includes the chief State school officer or such 
            officer's designee of each State represented in such 
            board's region;
                (iii) includes--

                    (I) representatives nominated by chief executive 
                officers of States and State organizations of 
                superintendents, principals, institutions of higher 
                education, teachers, parents, businesses, and 
                researchers; or
                    (II) other representatives of the organizations 
                described in subclause (I), as required by State law in 
                effect on the day before the date of enactment of this 
                Act;

                (iv) is the sole entity that--

                    (I) guides and directs the laboratory in carrying 
                out the provisions of this subsection and satisfying 
                the terms and conditions of the contract award;
                    (II) determines the regional agenda of the 
                laboratory;
                    (III) engages in an ongoing dialogue with the 
                Evaluation and Regional Assistance Commissioner 
                concerning the laboratory's goals, activities, and 
                priorities; and
                    (IV) determines at the start of the contract 
                period, subject to the requirements of this section and 
                in consultation with the Evaluation and Regional 
                Assistance Commissioner, the mission of the regional 
                educational laboratory for the duration of the contract 
                period;

                (v) ensures that the regional educational laboratory 
            attains and maintains a high level of quality in the 
            laboratory's work and products;
                (vi) establishes standards to ensure that the regional 
            educational laboratory has strong and effective governance, 
            organization, management, and administration, and employs 
            qualified staff;
                (vii) directs the regional educational laboratory to 
            carry out the laboratory's duties in a manner that will 
            make progress toward achieving the State education goals 
            and reforming schools and educational systems; and
                (viii) conducts a continuing survey of the educational 
            needs, strengths, and weaknesses within the region, 
            including a process of open hearings to solicit the views 
            of schools and teachers; and
            (B) allocate the regional educational laboratory's 
        resources to and within each State in a manner which reflects 
        the need for assistance, taking into account such factors as 
        the proportion of economically disadvantaged students, the 
        increased cost burden of service delivery in areas of sparse 
        populations, and any special initiatives being undertaken by 
        State, intermediate, local educational agencies, or Bureau-
        funded schools, as appropriate, which may require special 
        assistance from the laboratory.
        (2) Special rule.--If a regional educational laboratory needs 
    flexibility in order to meet the requirements of paragraph 
    (1)(A)(i), the regional educational laboratory may select not more 
    than 10 percent of the governing board from individuals outside 
    those representatives nominated in accordance with paragraph 
    (1)(A)(iii).
    (i) Duties of Governing Board.--In order to improve the efficiency 
and effectiveness of the regional educational laboratories, the 
governing boards of the regional educational laboratories shall 
establish and maintain a network to--
        (1) share information about the activities each laboratory is 
    carrying out;
        (2) plan joint activities that would meet the needs of multiple 
    regions;
        (3) create a strategic plan for the development of activities 
    undertaken by the laboratories to reduce redundancy and increase 
    collaboration and resource-sharing in such activities; and
        (4) otherwise devise means by which the work of the individual 
    laboratories could serve national, as well as regional, needs.
    (j) Evaluations.--The Evaluation and Regional Assistance 
Commissioner shall provide for independent evaluations of each of the 
regional educational laboratories in carrying out the duties described 
in this section in the third year that such laboratory receives 
assistance under this section in accordance with the standards 
developed by the Evaluation and Regional Assistance Commissioner and 
approved by the Board and shall transmit the results of such 
evaluations to the relevant committees of Congress, the Board, and the 
appropriate regional educational laboratory governing board.
    (k) Rule of Construction.--No regional educational laboratory 
receiving assistance under this section shall, by reason of the receipt 
of that assistance, be ineligible to receive any other assistance from 
the Department of Education as authorized by law or be prohibited from 
engaging in activities involving international projects or endeavors.
    (l) Advance Payment System.--Each regional educational laboratory 
awarded a contract under this section shall participate in the advance 
payment system at the Department of Education.
    (m) Additional Projects.--In addition to activities authorized 
under this section, the Director is authorized to enter into contracts 
or agreements with a regional educational laboratory for the purpose of 
carrying out additional projects to enable such regional educational 
laboratory to assist in efforts to achieve State education goals and 
for other purposes.
    (n) Annual Report and Plan.--Not later than July 1 of each year, 
each regional educational laboratory awarded a contract under this 
section shall submit to the Evaluation and Regional Assistance 
Commissioner--
        (1) a plan covering the succeeding fiscal year, in which such 
    laboratory's mission, activities, and scope of work are described, 
    including a general description of the plans such laboratory 
    expects to submit in the remaining years of such laboratory's 
    contract; and
        (2) a report of how well such laboratory is meeting the needs 
    of the region, including a summary of activities during the 
    preceding year, a list of entities served, a list of products, and 
    any other information that the regional educational laboratory may 
    consider relevant or the Evaluation and Regional Assistance 
    Commissioner may require.
    (o) Construction.--Nothing in this section shall be construed to 
require any modifications in a regional educational laboratory contract 
in effect on the day before the date of enactment of this Act.

                       PART E--GENERAL PROVISIONS

SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.

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

SEC. 182. PROHIBITIONS.

    (a) National Database.--Nothing in this title may be construed to 
authorize the establishment 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 Institute, 
including any office, board, committee, or center of the Institute, may 
be used by the Institute 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)(6) 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 was in effect 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. 183. CONFIDENTIALITY.

    (a) In General.--All collection, maintenance, use, and wide 
dissemination of data by the Institute, including each office, board, 
committee, and center of the Institute, 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, their families, and information with respect to 
individual schools, shall remain confidential in accordance with 
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).

SEC. 184. AVAILABILITY OF DATA.

    Subject to section 183, data collected by the Institute, including 
any office, board, committee, or center of the Institute, in carrying 
out the priorities and mission of the Institute, shall be made 
available to the public, including through use of the Internet.

SEC. 185. PERFORMANCE MANAGEMENT.

    The Director shall ensure that all activities conducted or 
supported by the Institute 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. 186. AUTHORITY TO PUBLISH.

    (a) Publication.--The Director may prepare and publish (including 
through oral presentation) such research, statistics (consistent with 
part C), and evaluation information and reports from any office, board, 
committee, and center of the Institute, as needed to carry out the 
priorities and mission of the Institute without the approval of the 
Secretary or any other office of the Department.
    (b) Advance Copies.--The Director shall provide the Secretary and 
other relevant offices with an advance copy of any information to be 
published under this section before publication.
    (c) Peer Review.--All research, statistics, and evaluation reports 
conducted by, or supported through, the Institute shall be subjected to 
rigorous peer review before being published or otherwise made available 
to the public.
    (d) Items Not Covered.--Nothing in subsections (a), (b), or (c) 
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. 187. 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 Institute 
shall be filled in the manner in which the original appointment was 
made. This section does not apply to employees appointed under section 
188.

SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

    (a) In General.--The Director may appoint, for terms not to exceed 
6 years (without regard to the provisions of title 5, United States 
Code, governing appointment in the competitive service) and may 
compensate (without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates) such scientific or technical employees 
to carry out the functions of the Institute or the office, board, 
committee, or center, respectively, if--
        (1) at least 30 days prior to the appointment of any such 
    employee, public notice is given of the availability of such 
    position and an opportunity is provided for qualified individuals 
    to apply and compete for such position;
        (2) the rate of basic pay for such employees does not exceed 
    the maximum rate of basic pay payable for positions at GS-15, as 
    determined in accordance with section 5376 of title 5, United 
    States Code, except that not more than 7 individuals appointed 
    under this section may be paid at a rate that does not exceed the 
    rate of basic pay for level III of the Executive Schedule;
        (3) the appointment of such employee is necessary (as 
    determined by the Director on the basis of clear and convincing 
    evidence) to provide the Institute or the office, board, committee, 
    or center with scientific or technical expertise which could not 
    otherwise be obtained by the Institute or the office, board, 
    committee, or center through the competitive service; and
        (4) the total number of such employees does not exceed 40 
    individuals or \1/5\ of the number of full-time, regular scientific 
    or professional employees of the Institute, whichever is greater.
    (b) Duties of Employees.--All employees described in subsection (a) 
shall work on activities of the Institute or the office, board, 
committee, or center, and shall not be reassigned to other duties 
outside the Institute or the office, board, committee, or center during 
their term.

SEC. 189. 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 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 onsite at the Institute or at the institution of 
higher education. In establishing the fellowships, the Director shall 
ensure that women and minorities are actively recruited for 
participation.

SEC. 190. VOLUNTARY SERVICE.

    The Director may accept voluntary and uncompensated services to 
carry out and support activities that are consistent with the 
priorities and mission of the Institute.

SEC. 191. 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 Institute.

SEC. 192. COPYRIGHT.

    Nothing in this Act shall be construed to affect the rights, 
remedies, limitations, or defense under title 17, United States Code.

SEC. 193. REMOVAL.

    (a) Presidential.--The Director, each member of the Board, and the 
Commissioner for Education Statistics may be removed by the President 
prior to the expiration of the term of each such appointee.
    (b) Director.--Each Commissioner appointed by the Director pursuant 
to section 117 may be removed by the Director prior to the expiration 
of the term of each such Commissioner.

SEC. 194. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
administer and carry out this title (except section 174) $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) not 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) not more than the lesser of 2 percent of such funds or 
    $1,000,000 shall be made available to carry out section 116 
    (relating to the National Board for Education Sciences).
    (b) Regional Educational Laboratories.--There are authorized to be 
appropriated to carry out section 174 $100,000,000 for fiscal year 2003 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years. Of the amounts appropriated under the preceding sentence for a 
fiscal year, the Director shall obligate not less than 25 percent to 
carry out such purpose with respect to rural areas (including schools 
funded by the Bureau which are located in rural areas).
    (c) Availability.--Amounts made available under this section shall 
remain available until expended.

               TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE

SEC. 201. SHORT TITLE.

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

SEC. 202. DEFINITIONS.

    In this title:
        (1) In general.--The terms ``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).
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Education.

SEC. 203. COMPREHENSIVE CENTERS.

    (a) Authorization.--
        (1) In general.--Subject to paragraph (2), beginning in fiscal 
    year 2004, the Secretary is authorized to award not less than 20 
    grants to local entities, or consortia of such entities, with 
    demonstrated expertise in providing technical assistance and 
    professional development in reading, mathematics, science, and 
    technology, especially to low-performing schools and districts, to 
    establish comprehensive centers.
        (2) Regions.--In awarding grants under paragraph (1), the 
    Secretary--
            (A) shall ensure that not less than 1 comprehensive center 
        is established in each of the 10 geographic regions 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); and
            (B) after meeting the requirements of subparagraph (A), 
        shall consider, in awarding the remainder of the grants, the 
        school-age population, proportion of economically disadvantaged 
        students, the increased cost burdens of service delivery in 
        areas of sparse population, and the number of schools 
        identified for school improvement (as described in section 
        1116(b) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6316(b)) in the population served by the local 
        entity or consortium of such entities.
    (b) Eligible applicants.--
        (1) In general.--Grants under this section may be made with 
    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 (f), including 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)).
        (2) Outreach.--In conducting competitions for grants under this 
    section, the Secretary shall actively encourage potential 
    applicants to compete for such awards by making widely available 
    information and technical assistance relating to the competition.
        (3) Objectives and indicators.--Before awarding a grant under 
    this section, the Secretary shall design specific objectives and 
    measurable indicators, using the results of the assessment 
    conducted under section 206, 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.
    (c) Application.--
        (1) Submission.--Each local entity, or consortium of such 
    entities, seeking a grant 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 
    this section in a manner that addresses the priorities established 
    under section 207 and addresses the needs of all States (and to the 
    extent practicable, of local educational agencies) within the 
    region to be served by the comprehensive center, on an ongoing 
    basis.
    (d) Allocation.--Each comprehensive center established under this 
section shall allocate such center's resources to and within each State 
in a manner which reflects the need for assistance, taking into account 
such factors as the proportion of economically disadvantaged students, 
the increased cost burden of service delivery in areas of sparse 
populations, and any special initiatives being undertaken by State, 
intermediate, local educational agencies, or Bureau-funded schools, as 
appropriate, which may require special assistance from the center.
    (e) Scope of Work.--Each comprehensive center established under 
this section shall work with State educational agencies, local 
educational agencies, regional educational agencies, and schools in the 
region where such center is located on school improvement activities 
that take into account factors such as the proportion of economically 
disadvantaged students in the region, and give priority to--
        (1) schools in the region 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 receiving assistance under title I of that Act 
    (20 U.S.C. 6301 et seq.);
        (2) local educational agencies in the region 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
        (3) schools in the region that have been identified for school 
    improvement under section 1116(b) of the Elementary and Secondary 
    Education Act of 1965 (20 U.S.C. 6316(b)).
    (f) Activities.--
        (1) In general.--A comprehensive center established under this 
    section shall support dissemination and technical assistance 
    activities by--
            (A) providing training, professional development, 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) the use of scientifically valid teaching methods 
            and assessment tools for use by teachers and administrators 
            in, at a minimum--

                    (I) the core academic subjects of mathematics, 
                science, and reading or language arts;
                    (II) English language acquisition; and
                    (III) education technology; and

                (iii) the facilitation of communication between 
            education experts, school officials, teachers, parents, and 
            librarians, as appropriate; and
            (B) disseminating and providing information, reports, and 
        publications that are usable for improving academic 
        achievement, closing achievement gaps, and encouraging and 
        sustaining school improvement (as described in section 1116(b) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6316(b))), to schools, educators, parents, and 
        policymakers within the region in which the center is located; 
        and
            (C) developing teacher and school leader inservice and 
        preservice training models that illustrate best practices in 
        the use of technology in different content areas.
        (2) Coordination and collaboration.--Each comprehensive center 
    established under this section shall coordinate its activities, 
    collaborate, and regularly exchange information with the regional 
    educational laboratory in the region in which the center is 
    located, the National Center for Education Evaluation and Regional 
    Assistance, the Office of the Secretary, the State service agency, 
    and other technical assistance providers in the region.
    (g) Comprehensive Center Advisory Board.--
        (1) Establishment.--Each comprehensive center established under 
    this section shall have an advisory board that shall support the 
    priorities of such center.
        (2) Duties.--Each advisory board established under paragraph 
    (1) shall advise the comprehensive center--
            (A) concerning the activities described in subsection (d);
            (B) on strategies for monitoring and addressing the 
        educational needs of the region, on an ongoing basis;
            (C) on maintaining a high standard of quality in the 
        performance of the center's activities; and
            (D) on carrying out the center's duties in a manner that 
        promotes progress toward improving student academic 
        achievement.
        (3) Composition.--
            (A) In general.--Each advisory board shall be composed of--
                (i) the chief State school officers, or such officers' 
            designees or other State officials, in each State served by 
            the comprehensive center who have primary responsibility 
            under State law for elementary and secondary education in 
            the State; and
                (ii) not more than 15 other members who are 
            representative of the educational interests in the region 
            served by the comprehensive center and are selected jointly 
            by the officials specified in clause (i) and the chief 
            executive officer of each State served by the comprehensive 
            center, including the following:

                    (I) Representatives of local educational agencies 
                and regional educational agencies, including 
                representatives of local educational agencies serving 
                urban and rural areas.
                    (II) Representatives of institutions of higher 
                education.
                    (III) Parents.
                    (IV) Practicing educators, including classroom 
                teachers, principals, and administrators.
                    (V) Representatives of business.
                    (VI) Policymakers, expert practitioners, and 
                researchers with knowledge of, and experience using, 
                the results of research, evaluation, and statistics.

            (B) Special rule.--In the case of a State in which the 
        chief executive officer has the primary responsibility under 
        State law for elementary and secondary education in the State, 
        the chief executive officer shall consult, to the extent 
        permitted by State law, with the State educational agency in 
        selecting additional members of the board under subparagraph 
        (A)(i).
    (h) Report to Secretary.--Each comprehensive center established 
under this section 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:
        (1) A summary of the comprehensive center's activities during 
    the preceding year.
        (2) A listing of the States, local educational agencies, and 
    schools the comprehensive center assisted during the preceding 
    year.

SEC. 204. EVALUATIONS.

    The Secretary shall provide for ongoing independent evaluations by 
the National Center for Education Evaluation and Regional Assistance of 
the comprehensive centers receiving assistance under this title, the 
results of which shall be transmitted to the appropriate congressional 
committees and the Director of the Institute of Education Sciences. 
Such evaluations shall include an analysis of the services provided 
under this title, the extent to which each of the comprehensive centers 
meets the objectives of its respective plan, and whether such services 
meet the educational needs of State educational agencies, local 
educational agencies, and schools in the region.

SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.

    The Secretary shall continue awards for the support of the 
Eisenhower Regional Mathematics and Science Education Consortia 
established under part M 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), 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)), and 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), in 
accordance with the terms of such awards, until the comprehensive 
centers authorized under section 203 are established.

SEC. 206. REGIONAL ADVISORY COMMITTEES.

    (a) Establishment.--Beginning in 2004, the Secretary shall 
establish a regional advisory committee for each region described in 
section 174(b) of the Education Sciences Reform Act of 2002.
    (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 chief executive officers of 
    States, chief State school officers, and education stakeholders 
    within the applicable region.
        (4) Special rule.--
            (A) Total number.--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.
            (B) Dissolution.--Each regional advisory committee shall be 
        dissolved by the Secretary after submission of such committee's 
        report described in subsection (c)(2) to the Secretary, but 
        each such committee may be reconvened at the discretion of the 
        Secretary.
    (c) Duties.--Each regional advisory committee shall advise the 
Secretary on the following:
        (1) An educational needs assessment of its region (using the 
    results of the assessment conducted under subsection (d)), in order 
    to assist in making decisions regarding the regional educational 
    priorities.
        (2) Not later than 6 months after the committee is first 
    convened, a report based on the assessment conducted under 
    subsection (d).
    (d) Regional Assessments.--Each regional advisory committee shall--
        (1) assess the educational needs within the region to be 
    served;
        (2) in conducting the assessment under paragraph (1), seek 
    input from chief executive officers of States, 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, members of the 
    regional educational laboratory governing board, 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 174 of the Education Sciences Reform Act of 2002 and 
    section 203 of this title and how those needs would be most 
    effectively addressed; and
        (3) submit the assessment 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. 207. PRIORITIES.

    The Secretary shall establish priorities for the regional 
educational laboratories (established under section 174 of the 
Education Sciences Reform Act of 2002) and comprehensive centers 
(established under section 203 of this title) to address, taking onto 
account the regional assessments conducted under section 206 and other 
relevant regional surveys of educational needs, to the extent the 
Secretary deems appropriate.

SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA SYSTEMS.

    (a) Grants Authorized.--The Secretary is authorized to award 
grants, on a competitive basis, to State educational agencies to enable 
such agencies to design, develop, and implement statewide, longitudinal 
data systems to efficiently and accurately manage, analyze, 
disaggregate, and use individual student data, consistent with the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.).
    (b) Applications.--Each State educational agency desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may reasonably require.
    (c) Awarding of Grants.--In awarding grants under this section, the 
Secretary shall use a peer review process that--
        (1) ensures technical quality (including validity and 
    reliability), promotes linkages across States, and protects student 
    privacy consistent with section 183;
        (2) promotes the generation and accurate and timely use of data 
    that is needed--
            (A) for States and local educational agencies to comply 
        with the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.) and other reporting requirements and close 
        achievement gaps; and
            (B) to facilitate research to improve student academic 
        achievement and close achievement gaps; and
        (3) gives priority to applications that meet the voluntary 
    standards and guidelines described in section 153(a)(5).
    (d) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, other State or 
local funds used for developing State data systems.
    (e) Report.--Not later than 1 year after the date of enactment of 
the Educational Technical Assistance Act of 2002, and again 3 years 
after such date of enactment, the Secretary, in consultation with the 
National Academies Committee on National Statistics, shall make 
publicly available a report on the implementation and effectiveness of 
Federal, State, and local efforts related to the goals of this section, 
including--
        (1) identifying and analyzing State practices regarding the 
    development and use of statewide, longitudinal data systems;
        (2) evaluating the ability of such systems to manage individual 
    student data consistent with the Elementary and Secondary Education 
    Act of 1965 (20 U.S.C. 6301 et seq.), promote linkages across 
    States, and protect student privacy consistent with section 183; 
    and
        (3) identifying best practices and areas for improvement.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$80,000,000 for fiscal year 2003 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.

         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 Institute 
    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) by striking subsection (b)(1) and inserting the following:
        ``(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 Institute 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 183 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)--
            (A) by striking ``referred to as the `Board''' and 
        inserting ``referred to as the `Assessment Board'''; and
            (B) by inserting ``(carried out under section 303)'' after 
        ``for the National Assessment'';
        (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 (b)(2)--
            (A) by striking ``Assistant secretary for educational 
        research'' in the heading and inserting ``Director of the 
        institute of education sciences''; and
            (B) by striking ``Assistant Secretary for Educational 
        Research and Improvement'' and inserting ``Director of the 
        Institute of Education Sciences'';
        (5) in subsection (e)--
            (A) in paragraph (1)--
                (i) in subparagraph (A), by striking ``section 411(b)'' 
            and inserting ``section 303(b)'';
                (ii) in subparagraph (B), by striking ``section 
            411(e)'' and inserting ``section 303(e)'';
                (iii) in subparagraph (E), by striking ``, including 
            the Advisory Council established under section 407'';
                (iv) in subparagraphs (F) and (I), by striking 
            ``section 411'' each place such term appears and inserting 
            ``section 303'';
                (v) in subparagraph (H), by striking ``and'' after the 
            semicolon;
                (vi) in subparagraph (I), by striking the period at the 
            end and inserting ``; and''; and
                (vii) by inserting at the end the following:
            ``(J) plan and execute the initial public release of 
        National Assessment of Educational Progress reports.
    The National Assessment of Educational Progress data shall not be 
    released prior to the release of the reports described in 
    subparagraph (J).'';
            (B) in paragraph (5), by striking ``and the Advisory 
        Council on Education Statistics''; and
            (C) in paragraph (6), by striking ``section 411(e)'' and 
        inserting ``section 303(e)''; and
        (6) 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''; and
            (B) by striking ``and with the technical assistance of the 
        Advisory Council established under section 407,'';
        (4) in subsection (b)--
            (A) in paragraph (1), by inserting ``of'' after ``academic 
        achievement and reporting'';
            (B) in paragraph (3)(A)--
                (i) in clause (i), by striking ``paragraphs (1)(B) and 
            (1)(E)'' and inserting ``paragraphs (2)(B) and (2)(E)'';
                (ii) in clause (ii), by striking ``paragraph (1)(C)'' 
            and inserting ``paragraph (2)(C)''; and
                (iii) in clause (iii), by striking ``paragraph (1)(D)'' 
            and inserting ``paragraph (2)(D)''; and
            (C) in paragraph (5), by striking ``(c)(2)'' and inserting 
        ``(c)(3)'';
        (5) in subsection (c)(2)(D), by striking ``subparagraph (B)'' 
    and inserting ``subparagraph (C)'';
        (6) in subsection (e)(4), by striking ``subparagraph (2)(C)'' 
    and inserting ``paragraph (2)(C) of such subsection'';
        (7) in subsection (f)(1)(B)(iv), by striking ``section 
    412(e)(4)'' and inserting ``section 302(e)(4)''; and
        (8) 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--
        (1) by striking section 202(b)(4) and inserting the following:
    ``(4) There shall be in the Department a Director of the Institute 
of Education Sciences who shall be appointed in accordance with section 
114(a) of the Education Sciences Reform Act of 2002 and perform the 
duties described in that Act.'';
        (2) by striking section 208 and inserting the following:


                    ``institute of education sciences

    ``Sec. 208. There shall be in the Department of Education the 
Institute of Education Sciences, which shall be administered in 
accordance with the Education Sciences Reform Act of 2002 by the 
Director appointed under section 114(a) of that Act.''; and
        (3) by striking the item relating to section 208 in the table 
    of contents in section 1 and inserting the following:

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

SEC. 403. REPEALS.

    The following provisions of law are repealed:
        (1) The National Education Statistics 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) Section 401(b)(2) 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.--Section 5315 of title 5, United 
States Code, is amended 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(b)) 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)(6) 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 laboratories 
        established under part E of the Education Sciences Reform Act 
        of 2002 and comprehensive centers established under the 
        Educational Technical 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 
    ``Institute 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 Institute''.
        (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 Institute 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 
        Institute 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 ``by the Office'' and 
    inserting ``by the Institute''.
        (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. 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.).

SEC. 406. IMPACT AID.

    (a) Payments for Federally Connected Children.--Section 
8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is amended to read as 
follows:

                    ``(bb) for a local educational agency that has a 
                total student enrollment of less than 350 students, has 
                a per-pupil expenditure that is less than the average 
                per-pupil expenditure of a comparable local education 
                agency or three comparable local educational agencies 
                in the State in which the local educational agency is 
                located; and''.

    (b) Effective Date.--The amendment made by section 406(a) shall be 
effective on September 30, 2001, and shall apply with respect to fiscal 
year 2001, and all subsequent fiscal years.
    (c) Bonesteel-Fairfax School District.--The Secretary of Education 
shall deem the local educational agency serving the Bonesteel-Fairfax 
school district, 26-5, in Bonesteel, South Dakota, as eligible in 
fiscal year 2003 for a basic support payment for heavily impacted local 
educational agencies under section 8003(b)(2) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)).
    (d) Central School District.--Notwithstanding any other provision 
of law, the Secretary of Education shall treat as timely filed an 
application filed by Central School District, Sequoyah County, 
Oklahoma, for payment for federally connected students for fiscal year 
2003, pursuant to section 8003 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703), and shall process such 
application for payment, if the Secretary has received such application 
not later than 30 days after the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.