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







107th CONGRESS
  2d Session
                                H. R. 3801

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2002

  Mr. Castle (for himself, Mr. Boehner, Mr. Upton, Mr. Fletcher, Mrs. 
 Biggert, Mr. Keller, and Mr. Tancredo) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To provide for improvement of Federal education research, 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,

                   TITLE I--EDUCATION SCIENCES REFORM

SEC. 101. SHORT TITLE.

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

SEC. 102. TABLE OF CONTENTS.

    The table of contents for this title is as follows:

Sec. 101. Short title.
Sec. 102. Table of contents.
                 Part A--Academy of Education Sciences

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

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

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

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

Sec. 181. Definitions.
Sec. 182. Interagency data sources and formats.
Sec. 183. Prohibitions.
Sec. 184. Confidentiality.
Sec. 185. Availability of data.
Sec. 186. Performance management.
Sec. 187. Authority to publish.
Sec. 188. Vacancies.
Sec. 189. Staff.
Sec. 190. Authorization of appropriations.

                 PART A--ACADEMY OF EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

    (a) Establishment.--There shall be in the Department an Academy of 
Education Sciences (hereafter in this title referred to as the 
``Academy''), to be administered by a Director (as provided in section 
115) and a board of directors (as provided in section 117).
    (b) Mission.--In order to provide parents, educators, students, 
researchers, policymakers, and the general public with reliable 
information about the condition and progress of education in the United 
States, educational practices that improve academic achievement, and 
the effectiveness of Federal education programs, the Academy shall 
ensure that all research, evaluation, statistics, and dissemination 
activities supported by Federal funds through the Academy--
            (1) conform to high standards of quality, integrity, and 
        accuracy; and
            (2) are objective, secular, neutral, and nonideological and 
        are free of partisan and political influence and racial, 
        cultural, gender, or regional bias.

SEC. 112. ORGANIZATION.

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

SEC. 113. FUNCTIONS.

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

SEC. 114. DELEGATION.

    (a) Delegation of Authority.--Notwithstanding section 412 of the 
Department of Education Organization Act (20 U.S.C. 3472), the 
Secretary shall delegate to the Director all functions for carrying out 
this title.
    (b) Other Activities.--The Secretary may assign the Academy 
responsibility for administering other activities, if those activities 
are consistent with--
            (1) the Academy's priorities, as approved by the Board 
        under section 116; or
            (2) the Academy's mission, if the activities are not 
        consistent with such priorities.

SEC. 115. OFFICE OF THE DIRECTOR.

    (a) Appointment.--The President, with the advice and consent of the 
Senate, shall appoint the Director of the Academy.
    (b) Term.--
            (1) In general.--The Director shall serve for a term of 6 
        years, beginning on the date of confirmation by the Senate, but 
        may be removed by the President prior to the expiration of that 
        term.
            (2) First director.--The Assistant Secretary for the Office 
        of Educational Research and Improvement (as such office existed 
        on the day before the date of the enactment of this Act) shall 
        be the Director of the Academy and shall serve a term that ends 
        on July 1, 2007. The President shall appoint a Director under 
        subsection (b) in the case of a vacancy prior to the expiration 
        of the first Director's term.
    (c) Pay.--The Director shall receive the rate of basic pay for 
level III of the Executive Schedule.
    (d) Qualifications.--The Director shall be selected from 
individuals who are highly qualified authorities in the fields of 
scientifically valid research, statistics, or evaluation in education, 
as well as management within such areas, and have a demonstrated 
capacity for sustained productivity and leadership in these areas.
    (e) Duties.--The duties of the Director shall be the following:
            (1) To propose to the Board priorities for the Academy in 
        accordance with section 116.
            (2) To oversee and coordinate the activities carried out 
        under the Academy, including the activities of the National 
        Education Centers.
            (3) To coordinate and approve budgets and operating plans 
        submitted by the Commissioners of each of the National 
        Education Centers.
            (4) To ensure the methodology applied in conducting 
        research, evaluation, and statistical analysis is consistent 
        with the standards for such activities under this title.
            (5) To coordinate education research and related activities 
        carried out by the Academy with such research and activities 
        carried out by other agencies within the Department and the 
        Federal Government.
            (6) To advise the Secretary on research, evaluation, and 
        statistics activities relevant to the activities of the 
        Department.
            (7) To establish necessary procedures for technical and 
        scientific peer review of the activities of the Academy.
            (8) To ensure that all participants in research conducted 
        or supported by the Academy are afforded their privacy rights 
        and other relevant protections as research subjects, in 
        accordance with sections 159 and 184 and other applicable 
        Federal privacy laws.
            (9) To carry out and support other activities consistent 
        with the priorities and mission of the Academy.
    (f) Peer-Review Groups.--The Director may establish technical and 
scientific peer-review groups and scientific program advisory 
committees that the Director determines are necessary to carry out the 
requirements of this title. The Director shall appoint such personnel, 
except that officers and employees of the United States shall comprise 
no more than one-fourth of the members of any such group and shall not 
receive additional compensation for their service as members of such a 
group. The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to a peer-review group established under this subsection.

SEC. 116. PRIORITIES.

    (a) Proposal.--The Director shall propose to the Board priorities 
for the Academy on 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.).
    (b) Approval.--The Board (established under section 117) shall 
approve or disapprove the priorities for the Academy proposed by the 
Director, including any necessary revision of those priorities.
    (c) Consistency.--The Board shall ensure that priorities of the 
Academy and National Education Centers are consistent with the mission 
of the Academy.
    (d) Public Availability.--The Director shall make available to the 
public (including by means of the Internet) the priorities approved 
under this section, along with the Academy's plan for addressing those 
priorities.
    (e) Public Comment.--Before approving new priorities, or revisions 
to or updates of existing priorities, the Board shall seek public 
comment.

SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.

    (a) Establishment.--The Academy shall have a board of directors, 
which shall be known as the National Board for Education Sciences 
(referred to in this title as the ``Board'').
    (b) Duties.--The duties of the Board shall be the following:
            (1) To advise the Director on the policies of the Academy.
            (2) To consider and approve priorities under section 116 to 
        guide and govern the work of the Academy.
            (3) To review and approve peer review procedures used by 
        the Academy.
            (4) To advise the Director on the development of activities 
        to be supported by the Academy, including the general areas of 
        research to be carried out by the National Center for Education 
        Research.
            (5) To present to the Director such recommendations as it 
        may find appropriate for--
                    (A) the strengthening of education research; and
                    (B) the funding of the Academy.
            (6) To advise the Director on the funding of applications 
        for grants, contracts, and cooperative agreements for research, 
        after the completion of peer review.
            (7) To review and regularly evaluate the work of the 
        Academy, to ensure that scientifically valid research, 
        evaluation, and statistical analysis is consistent with the 
        standards for such activities under this title.
            (8) To ensure that activities conducted or supported by the 
        Academy are objective, secular, neutral, and nonideological and 
        are free of partisan and political influence and racial, 
        cultural, gender, or regional bias.
            (9) To submit to the Director, the Secretary, and the 
        appropriate congressional committees, not later than July 1 of 
        each year, a report that--
                    (A) assesses the effectiveness of the Academy in 
                carrying out its priorities and mission, especially as 
                they relate to carrying out scientifically valid 
                research, conducting unbiased evaluations, and 
                collecting and reporting accurate education statistics; 
                and
                    (B) includes any recommendations regarding any 
                actions that could be taken to enhance the ability of 
                the Academy to carry out its priorities and mission.
            (10) To carry out other duties and responsibilities 
        consistent with the priorities and mission of the Academy.
    (c) Composition.--The Board shall be composed as follows:
            (1) Voting members.--Fifteen voting members appointed by 
        the President, with the advice and consent of the Senate.
            (2) Nonvoting ex officio members.--The following nonvoting 
        ex officio members:
                    (A) The Director of the National Institute of Child 
                Health and Human Development.
                    (B) The Director of the Census.
                    (C) The Commissioner of Labor Statistics.
                    (D) The President of the National Academy of 
                Sciences.
            (3) Appointed membership.--
                    (A) Qualifications.--Members appointed under 
                paragraph (1) shall include individuals from each of 
                the following groups:
                            (i) Educators, including classroom 
                        teachers, principals, and other school 
                        administrators.
                            (ii) Parents.
                            (iii) Business leaders.
                            (iv) Highly qualified experts in cognitive 
                        psychology, statistics, evaluation, research, 
                        and psychometrics.
                    (B) Terms.--Each member appointed under paragraph 
                (1) shall serve for a term of 4 years, except that--
                            (i) the initial terms of the members 
                        appointed under such subparagraphs shall (as 
                        designated by a random selection process at the 
                        time of appointment) be for staggered terms 
                        of--
                                    (I) 4 years for each of five 
                                members;
                                    (II) 3 years for each of five 
                                members; and
                                    (III) 2 years for each of five 
                                members; and
                            (ii) no such member shall serve for more 
                        than the lesser of--
                                    (I) 8 consecutive years; or
                                    (II) 2 consecutive terms.
            (4) Chair.--The Board shall elect a chairperson from among 
        the members of the Board.
            (5) 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.
            (6) 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.
            (7)  Executive director.--The Board shall have an Executive 
        Director who shall be appointed by the Board.
            (8)  Meetings.--The Board shall meet not less than four 
        times each year. The Board shall hold additional meetings at 
        the call of the chairperson or upon the written request of at 
        least six members of the Board.
            (9) Quorum.--A majority of the voting members of the Board 
        shall constitute a quorum.
    (d) Standing Committees.--
            (1) Establishment.--The Board may establish standing 
        committees to advise, assist, consult with, and make 
        recommendations to the Director and the Commissioners of the 
        National Education Centers. Each standing committee shall serve 
        one of the National Education Centers.
            (2) Membership.--Each standing committee shall include a 
        majority of voting members of the Board whose expertise is 
        needed for the functioning of the committee. The membership of 
        each standing committee--
                    (A) shall include highly qualified experts in 
                cognitive psychology, statistics, evaluation, research, 
                and psychometrics;
                    (B) may include ex officio members of the Board as 
                well as experts who are not members of the Board; and
                    (C) may include policymakers and expert 
                practitioners with knowledge of, and experience using, 
                the results of research, evaluation, and statistics.
            (3) Duties.--Each standing committee shall--
                    (A) at the discretion of the Board or the standing 
                committee, review and comment on any grant, contract, 
                or cooperative agreement entered into (or proposed to 
                be entered into) by the applicable National Education 
                Center;
                    (B) prepare for the Board an annual evaluation of 
                the operations of the applicable National Education 
                Center;
                    (C) review and comment on the relevant 
                Commissioner's plan for activities to be undertaken by 
                the applicable National Education Center for each 
                fiscal year; and
                    (D) periodically report to the Board regarding the 
                activities of the committee.

SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

    (a) Appointment.--The National Education Centers shall each be 
headed by a Commissioner appointed by the Director. In appointing 
Commissioners, the Director shall seek to promote continuity in 
leadership of the National Education Centers and shall consider 
individuals recommended by the Board, acting in consultation with the 
Director.
    (b) Pay.--The Commissioners shall each receive the rate of basic 
pay for level IV of the Executive Schedule.
    (c) Qualifications.--Each Commissioner shall be highly qualified in 
the field of education research, statistics, or evaluation.
    (d) Service and Removal.--Each Commissioner shall report to the 
Director and may be removed by the Director.

SEC. 119. KNOWLEDGE UTILIZATION OFFICE.

    (a) Establishment.--There is established within the Academy a 
Knowledge Utilization Office.
    (b) Duties.--The Knowledge Utilization Office shall--
            (1) disseminate information on scientifically valid 
        research on education to the public, the media, voluntary 
        organizations, and other constituencies, especially with 
        respect to information relating to--
                    (A) the core academic areas of reading, 
                mathematics, and science; and
                    (B) education technology;
            (2) manage the National Library of Education described in 
        subsection (d), and other sources of digital information on 
        education research;
            (3) make such information accessible in a user-friendly, 
        timely, and efficient manner (including through use of the 
        Internet) to schools, educators, parents, administrators, 
        policymakers, entities responsible for carrying out technical 
        assistance through the Department, and the general public.
    (c) Additional Duties.--In carrying out subsection (b), the 
Knowledge Utilization Office shall--
            (1) ensure that information disseminated under this section 
        is completed in a cost-effective, nonduplicative manner 
        (including 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 title)), to the extent appropriate;
            (2) prominently describe the type of scientific evidence 
        that is used as a part of information dissemination; and
            (3) clearly explain the scientifically appropriate and 
        inappropriate uses of each of the types of evidence that is 
        used to support the findings of the information disseminated.
    (d) National Library of Education.--There is established within the 
Knowledge Utilization Office a National Library of Education that shall 
collect and archive information, including products and publications 
developed through, or supported by, the Academy, and other relevant and 
useful education-related research information, projects, and 
publications that are consistent with scientifically valid research and 
are developed by the Department, other Federal agencies, or entities 
(including entities supported under title II).

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

    (a) Establishment.--There is established in the Academy a National 
Center for Education Research (in this part referred to as the 
``Research Center'').
    (b) Mission.--The mission of the Research Center is to provide 
national leadership in--
            (1) expanding fundamental knowledge and understanding of 
        education, particularly to improve the teaching and learning of 
        reading, writing, mathematics, science, and other academic 
        subjects;
            (2) using accepted practices of scientific inquiry to 
        obtain knowledge, comprehension, or understanding of the 
        validity of educational theories, practices, or conditions; and
            (3) promoting scientifically valid research findings that 
        can provide the basis for improving academic instruction and 
        learning in the classroom.

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--
            (1) have substantial knowledge of programs assisted by the 
        Research Center, including a high level of expertise in the 
        field of research and research management;
            (2) be paid at the rate of basic pay for level IV of the 
        Executive Schedule; and
            (3) serve for a term of not more than 6 years.

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, development, 
        and dissemination carried out under the auspices of the 
        Research Center pursuant to the provisions of this part;
            (2) carry out specific, long-term activities consistent 
        with the priorities and mission of the Academy;
            (3) develop a research plan in consultation with the 
        Director, based upon the activities described in paragraph (2), 
        which shall be carried out pursuant to paragraph (4), and as 
        appropriate, be updated and modified;
            (4) award contracts, grants, or cooperative agreements in 
        consultation with the Director and in accordance with section 
        135(b), at an amount and for a length of time determined to be 
        appropriate 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 standards of research and peer review 
                described in section 115(e); and
                    (C) includes both basic research and applied 
                research, which shall include research conducted 
                through field-initiated studies and may include ongoing 
                research initiatives;
            (5) promote the use of scientifically valid research within 
        the Federal Government, including active participation in 
        interagency research initiatives;
            (6) ensure that research conducted by the Research Center 
        is applicable to education practice and policy;
            (7) synthesize and disseminate, through the Knowledge 
        Utilization Office, the findings and results of education 
        research conducted or supported by the Research Center; and
            (8) prepare and submit an annual report, as described in 
        section 134, which shall be made available to the public 
        through such means as the Internet.
    (b) Eligibility.--The Research Center may award a contract, grant, 
or cooperative agreement under subsection (a)(4) only if the recipient 
of the contract, grant, or cooperative agreement is an organization or 
institution (whether public or private, for-profit or nonprofit), an 
institution of higher education, a consortium thereof, or an individual 
(including national research and development centers and regional 
education laboratories for research, development, dissemination, and 
technical assistance (as such centers and laboratories existed on the 
day before the date of enactment of this title)) with the ability or 
capacity to carry out scientifically valid research.
    (c) Evaluative Summaries of Research Priorities.--In addition to 
the duties described in subsection (a), the Research Center shall 
conduct an evaluative summary that--
            (1) shall be completed not later than 1 year after the date 
        of enactment of this title and annually thereafter; and
            (2) shall be submitted to the Director and the Board to 
        provide assistance on developing and implementing the research 
        plan described in subsection (a)(3).
    (d) Evaluative Summary.--Each evaluative summary conducted under 
subsection (c) shall--
            (1) include a detailed description of the findings of the 
        main research and development activities of the Research Center 
        (and the national research and development centers and regional 
        education laboratories for research, development, 
        dissemination, and technical assistance (as such centers and 
        laboratories existed on the day before the date of enactment of 
        this title));
            (2) describe how such findings are consistent with 
        scientifically valid research;
            (3) describe the implications of such findings for 
        educational practice and school reform;
            (4) describe any development, reform, and other assistance 
        activities that have utilized such findings and the effects of 
        such efforts;
            (5) include a classification of all major research 
        conducted within each priority area, including all research 
        conducted using Federal funds in relation to scientifically 
        valid research; and
            (6) include an analysis of the major program activities of 
        the Research Center in the categories of basic research, 
        applied research, and development, and of whether such 
        activities meet scientifically based research standards.
    (e) Transition.--
            (1) Initial extension.--The Research Center, in 
        consultation with the Director, may extend any cooperative 
        agreement, grant, or contract made to a national research and 
        development center (as such center existed on the day before 
        the date of enactment of this title), for a period of not more 
        than 2 years.
            (2) Subsequent extension.--After the expiration of the 2-
        year period described in paragraph (1), the Research Center, in 
        consultation with the Director and based upon the research plan 
        developed by the Research Center under subsection (a)(3), the 
        priorities of the national research and development center, the 
        quality of research conducted by the national research and 
        development center, and the capacity of the national research 
        and development center to meet the standards of scientifically 
        valid research, may--
                    (A) extend or renegotiate such grant, contract, or 
                cooperative agreement with the national research and 
                development center for a period not to extend beyond 
                fiscal year 2005; or
                    (B) terminate or decline to renew the grant, 
                contract, or cooperative agreement.

SEC. 134. ANNUAL REPORT.

    The Research Commissioner shall annually transmit to the President, 
the Board, and the appropriate congressional committees and make widely 
available to the public (including by means of the Internet), a report 
containing the following:
            (1) A description of the activities carried out by and 
        through the Research Center during the prior fiscal year.
            (2) A detailed summary of each grant, contract, and 
        cooperative agreement in excess of $100,000 funded during the 
        prior fiscal year, including, at a minimum, the amount, 
        duration, recipient, purpose, and goal of the award and its 
        relationship to the priorities and mission of the Academy, the 
        products completed, and an evaluation of the activities, which 
        shall be available in a user-friendly electronic database.
            (3) A description of how the activities of the Research 
        Center use scientifically valid research consistent with the 
        provisions of this part and have otherwise contributed to the 
        mission of the Research Center as described under section 
        131(b).
            (4) Such additional comments, recommendations, and 
        materials as the Director considers appropriate.

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

    (a) In General.--In carrying out this part, the Research 
Commissioner, in consultation with the Director, shall--
            (1) ensure that all research conducted under the direction 
        of the Research Center follows scientifically based research 
        standards;
            (2) develop such other standards as may be necessary to 
        govern the conduct and evaluation of all research, development, 
        and dissemination activities carried out by the Research Center 
        to assure that such activities meet the highest standards of 
        professional excellence;
            (3) review the procedures utilized by the National 
        Institutes of Health, the National Science Foundation, and 
        other Federal departments or agencies engaged in research and 
        development and actively solicit recommendations from research 
        organizations and members of the general public in the 
        development of the standards described in paragraph (2); and
            (4) require research to comply with Federal guidelines 
        relating to research misconduct.
    (b) Awarding of Funds.--In the case of research that is carried out 
under this part through grants, contracts, or cooperative agreements, 
the Research Center, in consultation with the Director, at a minimum, 
shall--
            (1) use a process of open competition in awarding or 
        entering into all such grants, contracts, and cooperative 
        agreements;
            (2) use a system of peer review of highly qualified 
        individuals with an in-depth knowledge of the subject to be 
        investigated--
                    (A) for reviewing and evaluating all applications 
                for grants and cooperative agreements and bids for 
                contracts that exceed $100,000; and
                    (B) for evaluating and assessing the performance of 
                all recipients of grants, cooperative agreements, and 
                contracts;
            (3) develop the procedures to be used in evaluating 
        applications for grants, cooperative agreements, and contracts 
        and specify the criteria and factors which shall be considered 
        in making such evaluations; and
            (4) evaluate the performance of each recipient of an award 
        of a grant, contract, or cooperative agreement at the 
        conclusion of the award.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. ESTABLISHMENT.

    (a) Establishment.--There is established in the Academy a National 
Center for Education Statistics (in this part referred to as the 
``Statistics Center'').
    (b) Mission.--The mission of the Statistics Center shall be--
            (1) to collect and analyze education information and 
        statistics under this title in a manner that meets the highest 
        methodological standards;
            (2) to report education information and statistics under 
        this title in a timely manner; and
            (3) to collect, analyze, and report education information 
        and statistics under this title in a manner that--
                    (A) is objective, secular, neutral, and 
                nonideological and is free of partisan and 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--
            (1) shall have substantial knowledge of statistical 
        methodologies and activities undertaken by the Statistics 
        Center;
            (2) shall be paid at the rate of basic pay for level IV of 
        the Executive Schedule; and
            (3) shall serve a term of not more than 6 years.

SEC. 153. DUTIES.

    (a) General Duties.--The duties of the Statistics Center are to 
collect, report, compare, and disseminate statistical data related to 
education in the United States and in other nations, including--
            (1) collecting, acquiring, compiling (where appropriate, on 
        a State-by-State basis), and disseminating full and complete 
        statistics on the condition and progress of education, at the 
        preschool, elementary, secondary, postsecondary, and adult 
        levels in the United States, including data on--
                    (A) successful State and local education reform 
                activities that result in increased academic 
                achievement and narrowing of achievement gaps;
                    (B) student achievement in the core academic areas 
                of reading, math, and science at all levels of 
                education;
                    (C) secondary school completions, dropouts, and 
                adult literacy and reading skills;
                    (D) educational access to, and opportunity for, 
                postsecondary education, including data on financial 
                aid to postsecondary students;
                    (E) teaching, including data on professional 
                development, including a comparison of courses taken in 
                the core academic areas of reading, math, and science 
                with courses in noncore academic areas;
                    (F) instruction, the conditions of the education 
                workplace, and the supply of, and demand for, teachers;
                    (G) the incidence, frequency, seriousness, and 
                nature of violence affecting students, school 
                personnel, and other individuals participating in 
                school activities, as well as other indices of school 
                safety 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;
                    (H) the financing and management of education, 
                including data on revenues and expenditures;
                    (I) the social and economic status of children, 
                including their academic achievement; and
                    (J) the existence and use of educational technology 
                and access to the Internet in elementary schools and 
                secondary schools;
            (2) conducting and publishing reports on the meaning and 
        significance of the statistics described in paragraph (1);
            (3) collecting, comparing, cross-tabulating, and reporting, 
        to the extent feasible, information by gender, race, ethnicity, 
        socioeconomic status, limited English proficiency, and 
        disability when such disaggregated information would facilitate 
        educational and policy decisionmaking;
            (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities; and
            (5) acquiring and disseminating data on educational 
        activities and student achievement (such as the Third 
        International Math and Science Study) in the United States 
        compared with foreign nations.
    (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 Center, in consultation with 
the Director, may award grants, enter into contracts and cooperative 
agreements, and provide technical assistance.
    (b) Gathering Information.--
            (1) Sampling.--The Statistics Center may use the 
        statistical method known as sampling (including random 
        sampling) to carry out this part.
            (2) Source of information.--The Statistics Center may, as 
        appropriate, use information collected--
                    (A) from States, local educational agencies, public 
                and private schools, preschools, institutions of 
                postsecondary education, libraries, administrators, 
                teachers, students, the general public, and other 
                individuals, organizations, agencies, and institutions 
                (including information collected by States and local 
                educational agencies for their own use); and
                    (B) by other offices within the Academy and by 
                other Federal departments, agencies, and 
                instrumentalities.
            (3) Collection.--The Statistics Center 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 Center 
        shall--
                    (A) provide technical assistance to the Department 
                of Education offices that gather data for statistical 
                purposes; and
                    (B) coordinate with other Department of Education 
                offices in the collection of data.

SEC. 155. REPORTS.

    (a) Procedures for Issuance of Reports.--The Statistics Center, in 
consultation with the Director, shall establish procedures, in 
accordance with section 187, to ensure that the reports issued under 
this section are relevant, of high quality, useful to customers, 
subject to rigorous peer review, produced in a timely fashion, and free 
from any political influence.
    (b) Report on Condition and Progress of Education.--Not later than 
June 1, 2002, and each succeeding June 1 thereafter, the Statistics 
Center shall, in consultation with the Director and the Board, 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 Center shall issue regular 
statistical reports to the President and the appropriate congressional 
committees on such education topics as appropriate.

SEC. 156. DISSEMINATION.

    (a) General Requests.--
            (1) In general.--The Statistics Center may furnish 
        transcripts or copies of tables and other statistical records 
        and make special statistical compilations and surveys for State 
        and local officials, public and private organizations, and 
        individuals.
            (2) Compilations.--The Statistics Center shall provide 
        State and local educational agencies opportunities to suggest 
        the development of particular compilations of statistics, 
        surveys, and analyses that would assist those educational 
        agencies.
    (b) Congressional Requests.--The Statistics Center shall furnish 
such special statistical compilations and surveys as the relevant 
congressional committees may request.
    (c) Joint Statistical Projects.--The Statistics Center may engage 
in joint statistical projects related to the mission of the Center, or 
other statistical purposes authorized by law, with nonprofit 
organizations or agencies, and the cost of such projects shall be 
shared equitably, as determined by the Statistics Commissioner.
    (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 sections 159 and 184, cooperate with other 
        Federal agencies having a need for educational data in 
        providing access to educational data received by the Statistics 
        Center.
            (2) Interested parties.--The Statistics Center shall, in 
        accordance with such terms and conditions as the Center may 
        prescribe, provide all interested parties, including public and 
        private agencies, parents, and other individuals, direct 
        access, in the most appropriate form (including, where 
        possible, electronically), to data collected by the Statistics 
        Center for the purposes of research and acquiring statistical 
        information.

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    The Statistics Center may establish one or more national 
cooperative education statistics systems for the purpose of producing 
and maintaining, with the cooperation of the States, comparable and 
uniform information and data on early childhood education, elementary 
and secondary education, postsecondary education, adult education, and 
libraries, that are useful for policymaking at the Federal, State, and 
local levels.

SEC. 158. STATE DEFINED.

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

            PART D--NATIONAL CENTER FOR EDUCATION EVALUATION

SEC. 171. ESTABLISHMENT.

    (a) Establishment.--There is established in the Academy a National 
Center for Education Evaluation (in this part referred to as the 
``Evaluation Center'').
    (b) Mission.--The mission of the Evaluation Center shall be to 
conduct evaluations of Federal education programs administered by the 
Secretary (and as time and resources allow, other education programs) 
to determine the impact of such programs, especially on student 
academic achievement in the core academic areas of reading, math, and 
science.

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.

    The Evaluation Center shall be headed by a Commissioner for 
Education Evaluation (in this part referred to as the ``Evaluation 
Commissioner'') who--
            (1) shall possess a demonstrated capacity for sustained 
        productivity and leadership in education evaluation, and be 
        technically competent in conducting scientifically valid 
        education evaluations;
            (2) shall oversee all evaluation activities of the 
        Evaluation Center, the awarding of contracts, the development 
        of evaluation methodology, the reporting of findings of 
        evaluations to the public and appropriate congressional 
        committees, and other duties essential to carrying out the 
        mission of the Evaluation Center;
            (3) shall be paid at the rate of basic pay for level IV of 
        the Executive Schedule; and
            (4) shall serve a term of not more than 6 years.

SEC. 173. DUTIES.

    (a) General Duties.--
            (1) In general.--The Evaluation Center shall--
                    (A) conduct 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;
                    (C) review and supplement, where feasible, program 
                evaluation activities in the Department; and
                    (D) submit to the President and the appropriate 
                congressional committees a report on the Evaluation 
                Center's evaluation activities on an annual basis.
            (2) Additional requirements.--Each evaluation conducted by 
        the Evaluation Center pursuant to paragraph (1) shall adhere to 
        the highest possible standards of quality for conducting 
        scientifically valid education evaluation with respect to 
        research design, statistical analysis, and the dissemination of 
        findings as described in this title.
    (b) Administration of Evaluations Under Title I of the Elementary 
and Secondary Education Act of 1965.--The Evaluation Center shall 
administer all operations and contracts associated with evaluations 
authorized by part E of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6491 et seq.) and administered by the 
Department of Education as of the date of enactment of this title.

                       PART E--GENERAL PROVISIONS

SEC. 181. DEFINITIONS.

    In this title:
            (1) The terms ``elementary school'', ``secondary school'', 
        ``local educational agency'', and ``State educational agency'' 
        have the meanings given those terms in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) 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 discovery 
                of new knowledge that has as an objective the 
                improvement of basic academic skills.
            (3) 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) The term ``Academy'' means the Academy of Education 
        Sciences.
            (5) The term ``Department'' means the Department of 
        Education.
            (6) The term ``development'' means the systematic use of 
        knowledge or understanding gained from the findings of 
        scientifically valid research that may prove useful in areas 
        (such as the preparation of materials and new methods of 
        instruction and practices in teaching), that may lead to the 
        improvement of the academic skills of students, and that are 
        replicable in different educational settings.
            (7) The term ``Director'' means the Director of the Academy 
        of Education Sciences.
            (8) The term ``dissemination'' means the communication and 
        transfer of the results of scientifically valid research, 
        statistics, and evaluations, in forms that are understandable, 
        easily accessible, and usable, or adaptable for use in, the 
        improvement of educational practice by teachers, 
        administrators, librarians, other practitioners, researchers, 
        policymakers, and the public, through the provision of 
        technical assistance, electronic transfer, and other means.
            (9) The term ``field-initiated research'' means basic 
        research or applied research in which topics and methods of 
        study are generated by investigators (including teachers and 
        other practitioners) and that conforms to standards of 
        scientifically valid research.
            (10) 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)).
            (11) The term ``scientifically based research standards''--
                    (A) means the application of rigorous, systemic, 
                and objective procedures to obtain reliable and valid 
                knowledge relevant to education activities and 
                programs; and
                    (B) includes research that--
                            (i) employs systematic, empirical methods 
                        that draw on observation or experiment;
                            (ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                            (iii) relies on measurements or 
                        observational methods that provide valid data 
                        across evaluators and observers, across 
                        multiple measurements and observations, and 
                        across studies by the same or different 
                        investigators;
                            (iv) uses experimental or quasi-
                        experimental designs in which individuals, 
                        entities, programs, or activities are assigned 
                        to different conditions with appropriate 
                        controls to evaluate the effects of the 
                        condition of interest through random assignment 
                        experiments or other designs (to the extent 
                        such designs contain within-condition or 
                        across-condition controls);
                            (v) ensures experimental studies are 
                        presented in sufficient detail and clarity to 
                        allow for replication or, at a minimum, offers 
                        the opportunity to build systematically on the 
                        findings of the research; and
                            (vi) has been accepted by a peer-reviewed 
                        journal or has been approved by a panel of 
                        independent experts through a comparably 
                        rigorous, objective, and scientific review.
            (12) The term ``scientifically valid education 
        evaluation''--
                    (A) means an evaluation that--
                            (i) adheres to the highest possible 
                        standards of quality, with respect to research 
                        design, statistical analysis, and the 
                        dissemination of findings;
                            (ii) provides an adequate understanding of 
                        the programs being evaluated and examines 
                        program implementation, program impacts, and 
                        the relationships between these factors; and
                            (iii) provides impact and analysis of the 
                        results achieved by the program; and
                    (B) includes only those evaluations that--
                            (i) use quantitative methodologies 
                        (including experimental designs using random 
                        assignment), and quasi-experimental 
                        methodologies, of the highest quality;
                            (ii) when quantitative experimental designs 
                        are not feasible in order to study program 
                        impacts, use the strongest possible quasi-
                        experimental alternative, basing it on 
                        longitudinal data; and
                            (iii) in order to study program 
                        implementation, use a combination of 
                        qualitative and quantitative methods.
            (13) The term ``scientifically valid research'' includes 
        applied research, basic research, and field-initiated research 
        the rationale, design, and interpretation of which are soundly 
        developed in accordance with scientifically based research 
        standards for quantitative and qualitative research under this 
        title.
            (14) The term ``Secretary'' means the Secretary of 
        Education.
            (15) The term ``State'' includes (subject to section 158 in 
        part C) each of the 50 States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
        Islands, and the Commonwealth of the Northern Mariana Islands.
            (16) The term ``technical assistance'' means--
                    (A) assistance in identifying, selecting, or 
                designing solutions, based on scientifically valid 
                research, leading to improved educational practices and 
                classroom instruction; and
                    (B) assistance in interpreting, analyzing, and 
                utilizing statistics and evaluations.

SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.

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

SEC. 183. PROHIBITIONS.

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

SEC. 184. CONFIDENTIALITY.

    (a) In General.--All collection, maintenance, use, and 
dissemination of data by the Academy, including each office, board, 
committee, and center of the Academy, shall conform with the 
requirements of section 552a of title 5, United States Code, and the 
confidentiality requirements of section 159 of this title.
    (b) Student Information.--The Director shall ensure that all 
individually identifiable information about students, their academic 
achievements, and their families, and information with respect to 
individual schools, remains confidential in accordance with section 
552a of title 5, United States Code, and section 159 of this title.

SEC. 185. AVAILABILITY OF DATA.

    Subject to sections 159 and 184, data collected by the Academy, 
including any office, board, committee, or center of the Academy, in 
carrying out the priorities and mission of the Academy shall be made 
available to the public, including through use of the Internet.

SEC. 186. PERFORMANCE MANAGEMENT.

    The Director shall ensure that all activities conducted or 
supported by the Academy or a National Education Center make customer 
service a priority. The Director shall ensure a high level of customer 
satisfaction through the following methods:
            (1) Establishing and improving feedback mechanisms in order 
        to anticipate customer needs.
            (2) Disseminating information in a timely fashion and in 
        formats that are easily accessible and usable by researchers, 
        practitioners, and the general public.
            (3) Utilizing the most modern technology and other methods 
        available, including arrangements to use data collected 
        electronically by States and local educational agencies, to 
        ensure the efficient collection and timely distribution of 
        information, including data and reports.
            (4) Establishing and measuring performance against a set of 
        indicators for the quality of data collected, analyzed, and 
        reported.
            (5) Continuously improving management strategies and 
        practices.
            (6) Making information available to the public in an 
        expeditious fashion.

SEC. 187. AUTHORITY TO PUBLISH.

    (a) Publication.--The Academy, including each office, board, 
committee, and center of the Academy, may prepare and publish 
(including through oral presentations) such research-based information 
and research reports as needed to carry out the priorities and mission 
of the Academy, irrespective of whether the Academy has obtained 
clearance or approval for such preparation and publication by the 
Secretary or any other officer of the Department.
    (b) Peer Review.--All published information and reports of the 
Academy, including each office, board, committee, and center of the 
Academy, shall be subjected to rigorous peer review before being 
published or otherwise made available and shall include the names of 
the peer reviewers.
    (c) Advance Copies.--The Academy, including each office, board, 
committee, and center of the Academy, shall provide the Director and 
Secretary an advance copy of any information to be published at least 
30 days before the publication.

SEC. 188. VACANCIES.

    Any member appointed to fill a vacancy in any office, board, 
committee, or center of the Academy 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 member may serve after 
the expiration of that member's term until a successor has taken 
office. A vacancy in an office, board, committee, or center of the 
Academy shall be filled in the manner in which the original appointment 
was made. This section does not apply to employees appointed under 
section 189.

SEC. 189. STAFF.

    (a) Staff.--Each official who is the head of the Academy or any 
office, board, committee, or center of the Academy may appoint and fix 
the pay of such staff as that official determines to be necessary to 
carry out the functions of the Academy or the office, board, committee, 
or center, respectively, subject to subsection (b) and the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and the provisions of chapter 51 and subchapter 
III of chapter 53 of such title relating to classification and General 
Schedule pay rates.
    (b) Scientific or Technical Employees.--
            (1) Appointment; pay.--Each official who is the head of the 
        Academy or any office, board, committee, or center of the 
        Academy may appoint for limited periods of time and fix the pay 
        of certain scientific or technical employees to carry out the 
        functions of the Academy or the office, board, committee, or 
        center, respectively, without regard to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive service, and the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
            (2) Maximum number.--Employees appointed under this 
        subsection shall not exceed 20 percent of the total employees 
        of the Academy.
            (3) Maximum pay rate.--An employee appointed under this 
        subsection may not be paid at a rate that exceeds the rate of 
        basic pay for level IV of the Executive Schedule.
            (4) Terms.--An employee appointed under this subsection may 
        serve not longer than 3 years (excluding any period of service 
        before the date of the enactment of this title), except that at 
        any time 20 percent of the total employees so appointed may be 
        appointed to serve an additional period of not longer than 3 
        years.

SEC. 190. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title (other than sections 160 and 161) $270,000,000 for 
fiscal year 2003 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    (b) National Assessment of Educational Progress.--There are 
authorized to be appropriated to carry out sections 160 and 161 
(relating to the National Assessment of Educational Progress and the 
National Assessment Governing Board) $95,423,000 for fiscal year 2003 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.
    (c) Availability.--Amounts made available under this section shall 
remain available until expended.

          TITLE II--REGIONAL EDUCATIONAL TECHNICAL ASSISTANCE

SEC. 201. SHORT TITLE.

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

SEC. 202. TABLE OF CONTENTS.

    The table of contents for this title is as follows:

Sec. 201. Short title.
Sec. 202. Table of contents.
Sec. 203. Regional research and assistance.
Sec. 204. Regional governing boards.
Sec. 205. Regional plans.
Sec. 206. Technical assistance and dissemination.
Sec. 207. Authority and duties.
Sec. 208. Other powers and duties.
Sec. 209. Funding.
Sec. 210. Coordination.
Sec. 211. Annual evaluation.
Sec. 212. Authorization of appropriations.
Sec. 213. General provisions.

SEC. 203. REGIONAL RESEARCH AND ASSISTANCE.

    The Secretary of Education (in this title referred to as the 
``Secretary'') shall--
            (1) establish, oversee, and coordinate a nationwide network 
        of regional entities (which may include State educational 
        agencies or local educational agencies and public or private 
        nonprofit organizations or institutions or consortia thereof) 
        authorized to provide comprehensive applied research, 
        development, and technical assistance to States, local 
        educational agencies, schools, tribes, community-based 
        organizations, and other appropriate entities in, at a 
        minimum--
                    (A) the core academic areas of reading, math, and 
                science; and
                    (B) education technology ; and
            (2) in identifying the 10 regional areas of the United 
        States to be served, use the geographic regions established 
        under section 941(h)(2) of the Education Research, Development, 
        Dissemination, and Improvement Act of 1994 (20 U.S.C. 
        6041(h)(2)).

SEC. 204. REGIONAL GOVERNING BOARDS.

    Each regional entity established under section 203(1) shall be 
governed by a board, to be known as a regional governing board, which 
shall be established by the Governors, in consultation with the chief 
school officers, in the States in the region, and which shall include 
at least one member from each State in the region. The membership of 
such board shall include--
            (1) parents;
            (2) practicing educators (such as classroom teachers, 
        principals, and administrators), who shall be selected jointly 
        by the Governors and the chief school officers in the States in 
        the region; and
            (3) policymakers and expert practitioners with knowledge 
        of, and experience using, the results of research, evaluation, 
        and statistics.

SEC. 205. REGIONAL PLANS.

    Each regional entity shall--
            (1) develop a plan for identifying and serving the needs of 
        all States within the region by conducting a survey of the 
        educational needs, strengths, and weaknesses within the region, 
        including through a process of open hearings to solicit the 
        views and needs of public and private schools, public charter 
        schools, teachers, administrators, parents, local educational 
        agencies, librarians, businesses, State educational agencies, 
        and other customers within the region;
            (2) transmit the plan developed under paragraph (1) to the 
        Secretary, the Director of the Academy of Education Sciences, 
        and the National Board for Education Sciences, to assist in 
        making decisions regarding the national priorities within 
        education research (as described in section 116 of the 
        Education Sciences Reform Act of 2002);
            (3) ensure that the activities supported by the entity 
        shall maintain the highest levels of quality;
            (4) in consultation with the Secretary, guide and direct 
        recipients of awards under section 206 in satisfying the terms 
        and conditions of their awards;
            (5) ensure that each recipient of an award under section 
        206 has effective governance, organization, management, and 
        administration (including sound financial and fiscal practices) 
        and employs highly qualified staff; and
            (6) ensure that each recipient of an award under section 
        206 carries out its duties in a manner consistent with section 
        203(1).

SEC. 206. TECHNICAL ASSISTANCE AND DISSEMINATION.

    Based on the plan required under section 205, each regional entity 
shall award competitive contracts to carry out comprehensive technical 
assistance and dissemination. Such contracts shall provide for the 
following:
            (1) Training and technical assistance to State educational 
        agencies, local educational agencies, public and private 
        schools, public charter schools, tribes, community-based 
        organizations, and other appropriate entities, that are 
        consistent with--
                    (A) the administration and implementation of 
                programs under the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6301 et seq.); and
                    (B) scientifically valid education research on 
                teaching methods and assessment tools for use by 
                teachers and administrators in, at a minimum--
                            (i) the core academic areas of mathematics, 
                        science, and reading; and
                            (ii) education technology.
            (2) The dissemination of scientifically valid research, 
        information, products, and publications to--
                    (A) schools, educators, parents, and policymakers 
                within the applicable region in which the entity is 
                located; and
                    (B) the Knowledge Utilization Office.
            (3) The provision of education products based on 
        scientifically valid research in a form usable--
                    (A) to promote school improvement and academic 
                achievement; and
                    (B) to narrow achievement gaps.

SEC. 207. AUTHORITY AND DUTIES.

    (a) Contracts and Cooperative Agreements.--In awarding competitive 
contracts under section 206, each regional entity may enter into 
contracts with organizations or institutions (whether private or 
public, for-profit or nonprofit), State educational agencies, local 
educational agencies, or institutions of higher education (or consortia 
of such entities), or individuals, with the demonstrated ability or 
capacity to carry out technical assistance or demonstration activities, 
which may include entities that carried out activities (before the date 
of enactment of this title) under any of the following provisions of 
law (or their predecessor provisions):
            (1) Part K of the Educational Research, Development, 
        Dissemination, and Improvement Act of 1994 (title IX of the 
        Goals 2000: Educate America Act) (20 U.S.C. 6053 et seq.) 
        relating to Comprehensive Regional Assistance Centers (as such 
        part existed on the day before the date of enactment of this 
        title).
            (2) Part M of such Act (20 U.S.C. 6055 et seq.) relating to 
        the Eisenhower Regional Mathematics and Science Education 
        Consortia (as such part existed on the day before the date of 
        enactment of this title).
            (3) Part N of such Act (20 U.S.C. 6053 et seq.) relating to 
        Technology-Based Technical Assistance (as such part existed on 
        the day before the date of enactment of this title).
            (4) Section 931(c)(1)(B) of such Act (20 U.S.C. 
        6031(c)(1)(B)) (relating to national research and development 
        institutes).
            (5) Section 941(h) of such Act (20 U.S.C. 6041(h)) 
        (relating to regional educational laboratories for research, 
        development, dissemination, and technical assistance).
    (b) Objectives and Indicators.--Before each regional entity awards 
contracts under section 206, each regional governing board shall design 
specific objectives and measurable indicators--
            (1) to assess the contractors;
            (2) to ensure that the needs of the region are being met; 
        and
            (3) to ensure that the standards of scientifically valid 
        research are being used in activities that are consistent with 
        the plan under section 205(1).
    (c) Priority Entities.--In awarding competitive contracts under 
section 206, each regional entity shall give priority to applicants 
that propose to serve--
            (1) schools with high percentages or numbers of students 
        from low-income families, as determined under section 
        1113(a)(5) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6313(a)(5)), including such schools in rural 
        and urban areas; and
            (2) local educational agencies in which a high percentage 
        or number 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 agencies in rural and urban areas.

SEC. 208. OTHER POWERS AND DUTIES.

    Each regional governing board--
            (1) shall ensure its activities meet the high standards of 
        quality and the needs of the applicable region;
            (2) shall ensure the services and activities are provided 
        using the highest quality and most cost-effective strategies 
        possible; and
            (3) shall ensure that recipients of the awards coordinate 
        their activities.

SEC. 209. FUNDING.

    (a) In General.--
            (1) From funds made available under section 212 for each 
        fiscal year, the Secretary shall provide to each regional 
        entity that submits an application under subsection (b), an 
        amount comparable to the level of funding received by such 
        region (or similar region), under prior regional assistance 
        programs (as described under section 207(a)(1)), of which not 
        more than 2 percent may be used for administrative purposes.
            (2) The Secretary, in consultation with the Director of the 
        Academy of Education Sciences and the National Board for 
        Education Sciences, may allocate any funds in excess of funds 
        appropriated in fiscal year 2001 to regions based on the needs 
        of such regions as described in the regional plans developed 
        under section 205(1).
    (b) Application.--Each regional entity seeking funds under this 
part shall submit to the Secretary for approval an application, which 
shall contain--
            (1) a description of how the regional entity will carry out 
        the activities in accordance with this part;
            (2) an assurance that the regional entity will give 
        priority in awarding contracts to entities providing services 
        to the schools and local educational agencies described in 
        section 207(c); and
            (3) such additional information as the Secretary may 
        reasonably require.

SEC. 210. COORDINATION.

    In order to assure coordination and prevent unnecessary duplication 
of activities among the regions, the Secretary shall--
            (1) share information about the activities of each region 
        with each other region and with the Director of the Academy of 
        Education Sciences and the National Board for Education 
        Sciences;
            (2) create a strategic plan for the development of 
        activities undertaken by the each regional entity to increase 
        collaboration and resource-sharing in such activities; and
            (3) where appropriate, employ methods through which the 
        activities undertaken by each of the regional entities also 
        serves national interests.

SEC. 211. ANNUAL EVALUATION.

    The Secretary shall provide for an annual independent evaluation of 
the regions in carrying out this part, the results of which shall be 
transmitted to the National Board for Education Sciences and the 
relevant congressional committees. The evaluation shall include an 
analysis of the services provided under this part, the extent to which 
the regional entities have met the objectives of the plans submitted 
under section 205(1), and whether such services have met the needs of 
local educational agencies and schools in the region, including those 
local educational agencies and schools described in section 207(c).

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$67,500,000 for fiscal year 2003 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.

SEC. 213. GENERAL PROVISIONS.

    The provisions of part E of the Education Sciences Reform Act of 
2002 apply to this title, except that any responsibilities assigned 
solely to the Director of the Academy of Education Sciences shall be 
the responsibility of the Secretary.

                    TITLE III--AMENDATORY PROVISIONS

SEC. 301. REDESIGNATIONS.

    (a) Confidentiality.--Section 408 of the National Education 
Statistics Act of 1994 (20 U.S.C. 9007) is transferred and redesignated 
as section 159 of this Act and is amended--
            (1) by striking ``Center'' each place 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''; and
            (3) so that paragraph (1) of subsection (b) reads as 
        follows:
            ``(1) In general.--
                    ``(A) Disclosure.--No Federal department, bureau, 
                agency, officer, or employee may, for any reason, 
                require the Director, any Commissioner of a National 
                Education Center, or any other employee of the Academy 
                to disclose individually identifiable information that 
                has been collected or retained under this title.
                    ``(B) Immunity.--Individually identifiable 
                information collected or retained under this title 
                shall be immune from legal process and shall not, 
                without the consent of the individual concerned, be 
                admitted as evidence or used for any purpose in any 
                action, suit, or other judicial or administrative 
                proceeding.
                    ``(C) Application.--This paragraph does not apply 
                to requests for individually identifiable information 
                submitted by or on behalf of the individual identified 
                in the information.''.
    (b) National Assessment Governing Board.--Section 412 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9011) is 
transferred and redesignated as section 160 of this Act.
    (c) National Assessment of Educational Progress.--Section 411 of 
the National Education Statistics Act of 1994 (20 U.S.C. 9010) is 
transferred and redesignated as section 161 of this Act.
    (d) Clerical Amendment.--The table of contents in section 101 is 
amended by inserting after the item related to section 158 the 
following new items:

``Sec. 159. Confidentiality.
``Sec. 160. National Assessment Governing Board.
``Sec. 161. National Assessment of Educational Progress.''.

SEC. 302. REPEALS.

    The following provisions of law are repealed:
            (1) The National Education Statistics Act of 1994 (title IV 
        of the Improving America's Schools Act of 1994; 20 U.S.C. 9001 
        et seq.).
            (2) Parts A through E and J 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. 6051 et seq.).
            (3) Paragraph (4) of section 202(b), section 208, and 
        paragraph (2) of section 401(b) of the Department of Education 
        Organization Act (20 U.S.C. 3412(b)(4), 3419, 3461(b)(2)).

SEC. 303. 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) Department of Education Organization Act.--The table of 
contents in section 1 of the Department of Education Organization Act 
(20 U.S.C. 3401 note) is amended by striking the item relating to 
section 208.
    (c) Title 5, United States Code.--Title 5, United States Code, is 
amended--
            (1) in section 5314, by inserting a period after ``Under 
        Secretary of Education''; and
            (2) in section 5315, by striking the following:
    ``Commissioner, National Center for Education Statistics.''.
    (d) General Education Provisions Act.--Section 447 of the General 
Education Provisions Act (20 U.S.C. 1232j) is amended by striking 
``404(a)(6) of the National Education Statistics Act of 1994 (20 U.S.C. 
9003(a)(6))'' and inserting ``section 153(a)(5) of the Education 
Sciences Reform Act of 2002''.
    (e) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is 
amended--
            (1) in section 1111(c)(2), by striking ``section 411(b)(2) 
        of the National Education Statistics Act of 1994'' and 
        inserting ``section 161(b)(2) of the Education Sciences Reform 
        Act of 2002'';
            (2) in section 1112(b)(1)(F), by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 161(b)(2) of the Education Sciences 
        Reform Act of 2002'';
            (3) in section 1501(a)(3), by striking ``section 411 of the 
        National Education Statistics Act of 1994'' and inserting 
        ``section 161 of the Education Sciences Reform Act of 2002'';
            (4) in section 1117(a)(3), 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
            (5) in section 9529(b), by striking ``section 404(a)(6) of 
        the National Education Statistics Act'' and inserting ``section 
        153(a)(5) of the Education Sciences Reform Act of 2002''.
    (f) 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. 304. EFFECTIVE DATE.

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