[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3801 Reported in House (RH)]
Union Calendar No. 239
107th CONGRESS
2d Session
H. R. 3801
[Report No. 107-404]
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
April 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 27, 2002]
_______________________________________________________________________
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. Office of Educational Resources and Dissemination.
Part B--National Center for Education Research
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Biennial report.
Sec. 135. Standards for conduct and evaluation of research.
Part C--National Center for Education Statistics
Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
Part D--National Center for Education Evaluation
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation.
Sec. 173. Duties.
Part E--General provisions
Sec. 181. Definitions.
Sec. 182. Interagency data sources and formats.
Sec. 183. Prohibitions.
Sec. 184. Confidentiality.
Sec. 185. Availability of data.
Sec. 186. Performance management.
Sec. 187. Authority to publish.
Sec. 188. Vacancies.
Sec. 189. Scientific or technical employees.
Sec. 190. Voluntary service.
Sec. 191. Fellowships.
Sec. 192. Rulemaking.
Sec. 193. Authorization of appropriations.
PART A--ACADEMY OF EDUCATION SCIENCES
SEC. 111. ESTABLISHMENT.
(a) Establishment.--There shall be in the Department an Academy of
Education Sciences, to be administered by a Director (as provided in
section 115) and a board of directors (as provided in section 117).
(b) Mission.--The mission of the Academy is to provide national
leadership in expanding fundamental knowledge and understanding of
education, in order to provide parents, educators, students,
researchers, policymakers, and the general public with reliable
information about the condition and progress of education in the United
States, educational practices that support learning and improve
academic achievement for all students, and the effectiveness of Federal
and other education programs. In carrying out this mission, the Academy
shall conduct research, evaluation, statistics, and dissemination
activities supported by Federal funds through the Academy and ensure
that such activities--
(1) conform to high standards of quality, integrity, and
accuracy; and
(2) are objective, secular, neutral, and nonideological and
are free of partisan political influence and racial, cultural,
gender, or regional bias.
SEC. 112. ORGANIZATION.
The Academy consists of the following:
(1) The Office of the Director (as set out in section 115).
(2) The National Board for Education Sciences (as set out
in section 117).
(3) The Office of Educational Resources and Dissemination
(as set out in section 119).
(4) The National Education Centers, which include--
(A) the National Center for Education Research (as
set out in part B);
(B) the National Center for Education Statistics
(as set out in part C); and
(C) the National Center for Education Evaluation
(as set out in part D).
SEC. 113. FUNCTIONS.
The Academy, directly or through grants, contracts, or cooperative
agreements, shall--
(1) conduct and support scientifically valid research
activities, including basic and applied research, statistics
activities, scientifically valid education evaluation,
development, and dissemination;
(2) disseminate the findings and results of scientifically
valid research in education;
(3) promote the application of knowledge gained from
scientifically valid research activities;
(4) strengthen the national capacity to conduct
scientifically valid research in education; and
(5) promote the coordination of scientifically valid
research in education within the Department and the Federal
Government.
SEC. 114. DELEGATION.
(a) Delegation of Authority.--Notwithstanding section 412 of the
Department of Education Organization Act (20 U.S.C. 3472), the
Secretary shall delegate to the Director all functions for carrying out
this title (other than administrative and support functions), except
that--
(1) nothing in this title or in the National Assessment of
Educational Progress Authorization Act may be construed to
alter or diminish the role, responsibilities, or authority of
the National Assessment Governing Board with respect to the
National Assessment of Educational Progress from those authorized by
the National Education Statistics Act immediately before the enactment
of this Act;
(2) members of the National Assessment Governing Board
shall continue to be appointed by the Secretary;
(3) section 302(f)(1) of the National Assessment of
Educational Progress Authorization Act shall apply to the
National Assessment Governing Board in the exercise of its
responsibilities under this Act;
(4) section 116 shall not apply to the National Assessment
of Educational Progress; and
(5) section 117 shall not apply to the National Assessment
Governing Board.
(b) Other Activities.--The Secretary may assign the Academy
responsibility for administering other activities, if those activities
are consistent with--
(1) the Academy's priorities, as approved by the National
Board for Education Sciences under section 116; or
(2) the Academy's mission, if the activities are not
consistent with such priorities.
SEC. 115. OFFICE OF THE DIRECTOR.
(a) Appointment.--The President, with the advice and consent of the
Senate, shall appoint the Director of the Academy.
(b) Term.--
(1) In general.--The Director shall serve for a term of 6
years, beginning on the date of appointment of the Director,
but may be removed by the President prior to the expiration of
that term.
(2) First director.--The President, without the advice and
consent of the Senate, may appoint the Assistant Secretary for
the Office of Educational Research and Improvement (as such
office existed on the day before the date of the enactment of
this Act) to serve as the Director of the Academy for a term
that ends on July 1, 2007.
(3) Subsequent directors.--The Board may make
recommendations to the President with respect to the
appointment of a Director, except in such case as described in
paragraph (2).
(c) Pay.--The Director shall receive the rate of basic pay for
level III of the Executive Schedule.
(d) Qualifications.--The Director shall be selected from
individuals who are highly qualified authorities in the fields of
scientifically valid research, statistics, or evaluation in education,
as well as management within such areas, and have a demonstrated
capacity for sustained productivity and leadership in these areas.
(e) Administration.--The Director shall--
(1) administer, oversee, and coordinate the activities
carried out under the Academy, including the activities of the
National Education Centers; and
(2) coordinate budgets and operating plans for each of the
National Education Centers.
(f) 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(a).
(2) To ensure the methodology applied in conducting
research, evaluation, and statistical analysis is consistent
with the standards for such activities under this title.
(3) To coordinate education research and related activities
carried out by the Academy with such research and activities
carried out by other agencies within the Department and the
Federal Government.
(4) To advise the Secretary on research, evaluation, and
statistics activities relevant to the activities of the
Department.
(5) To establish necessary procedures for technical and
scientific peer review of the activities of the Academy,
consistent with section 117(b)(3).
(6) To ensure that all participants in research conducted
or supported by the Academy are afforded their privacy rights
and other relevant protections as research subjects, in
accordance with section 184 of this title, section 552a of
title 5, United States Code, and sections 444 and 445 of the
General Education Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To carry out and support other activities consistent
with the priorities and mission of the Academy.
(8) To ensure that activities conducted or supported by the
Academy are objective, secular, neutral, and nonideological and
are free of partisan political influence and racial, cultural,
gender, or regional bias.
(9) To undertake initiatives and programs to increase the
participation of researchers and institutions that have been
historically underutilized in Federal educational research
activities in the activities of the Academy, including
historically black colleges and universities and other
institutions of higher education with large numbers of minority
students.
(10) To coordinate with the Secretary to promote and
provide for the coordination of research and development
activities and technical assistance activities between the
Academy and the regional governing boards and regional entities
described in section 203 of the Regional Assistance Act of 2002
to ensure collaboration and resource sharing and reduce
redundancy in such activities.
(11) To solicit and consider the recommendations of
education stakeholders, in order to ensure that there is broad
and regular public and professional input from the educational
field in the planning and carrying out of the Academy's
activities.
(12) At the discretion of the Director and in consultation
with the National Academy of Sciences, to conduct a study to
determine--
(A) a standard by which States may accurately
measure the rate at which students drop out of or
graduate from secondary schools in the United States
(including on-time graduation); and
(B) the use of alcohol or illegal narcotics as
contributing factors to incidents of school violence
committed by students during the regular school day and
while participating in other school-related activities.
(g) Expert Guidance and Assistance.--The Director may establish
technical and scientific peer-review groups and scientific program
advisory committees that the Director determines are necessary to carry
out the requirements of this title. The Director shall appoint such
personnel, except that officers and employees of the United States
shall comprise no more than one-fourth of the members of any such group
and shall not receive additional compensation for their service as
members of such a group. The Director shall ensure that reviewers are
highly qualified and capable to appraise educational research and
development projects. 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 (established
in section 117) priorities for the Academy (taking into consideration
long-term research and development on core issues conducted through the
national research and development centers (as defined in section 181))
identifying topics that may require long-term research and topics that
are focused on understanding and solving particular education problems
and issues, including those associated with the goals and requirements
established in the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), such as--
(1) closing the achievement gap between high-performing and
low-performing children, particularly achievement gaps between
minority and nonminority children and between disadvantaged
children and their more advantaged peers; and
(2) ensuring that all children reach, at a minimum,
proficiency on challenging State academic achievement standards
and assessments.
(b) Approval.--The Board shall approve or disapprove the priorities
for the Academy proposed by the Director, including any necessary
revision of those priorities. The Board shall transmit any priorities
so approved to the appropriate congressional committees.
(c) Consistency.--The Board shall ensure that priorities of the
Academy and the National Education Centers are consistent with the
mission of the Academy.
(d) Public Availability and Comment.--
(1) Priorities.--Before submitting to the Board proposed
priorities for the Academy, the Director shall make such
priorities available to the public for comment (including by
means of the Internet and through publishing such priorities in
the Federal Register). The Director shall provide to the Board
a copy of each such comment submitted.
(2) Plan.--Upon approval of such priorities, the Director
shall make the Academy's plan for addressing such priorities
available for public comment in the same manner as under
paragraph (1).
SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.
(a) Establishment.--The Academy shall have a board of directors,
which shall be known as the National Board for Education Sciences.
(b) Duties.--The duties of the Board shall be the following:
(1) To advise the Director on the policies of the Academy.
(2) To consider and approve priorities under section 116 to
guide the work of the Academy.
(3) To review and approve procedures for scientific peer
review of the activities of the Academy.
(4) To advise the Director on the development of activities
to be supported by the Academy, including the general areas of
research to be carried out by the National Center for Education
Research.
(5) To present to the Director such recommendations as it
may find appropriate for--
(A) the strengthening of education research; and
(B) the funding of the Academy.
(6) To advise the Director on the funding of applications
for grants, contracts, and cooperative agreements for research,
after the completion of peer review.
(7) To review and regularly evaluate the work of the
Academy, to ensure that scientifically valid research,
evaluation, and statistical analysis is consistent with the
standards for such activities under this title.
(8) To advise the Director on ensuring that activities
conducted or supported by the Academy are objective, secular,
neutral, and nonideological and are free of partisan political
influence and racial, cultural, gender, or regional bias.
(9) To solicit advice and information from those in the
educational field, particularly practitioners and researchers,
to recommend to the Director topics that require long-term,
sustained, systematic, programmatic, and integrated research
efforts, including knowledge utilization and dissemination of
research, consistent with the priorities and mission of the
Academy.
(10) To review and advise the Director on opportunities for
the participation in, and the advancement of, women,
minorities, and persons with disabilities in education
research, statistics, and evaluation activities of the Academy.
(11) To recommend to the Director ways to enhance strategic
partnerships and collaborative efforts among other Federal and
State research agencies.
(12) To recommend to the Director individuals to serve as
Commissioners of the National Education Centers.
(c) Composition.--
(1) Voting members.--The Board shall have 15 voting members
appointed by the President, with the advice and consent of the
Senate.
(2) Advice.--The President shall solicit advice on
individuals to serve on the Board from the National Academy of
Sciences, the National Science Foundation, and the Office of
Science and Technology Policy.
(3) Nonvoting ex officio members.--The Board shall have the
following nonvoting ex officio members:
(A) The Director of the Academy of Education
Sciences.
(B) Each of the commissioners of the National
Education Centers.
(C) The Director of the National Institute of Child
Health and Human Development.
(D) The Director of the Census.
(E) The Commissioner of Labor Statistics.
(F) The Director of the National Science
Foundation.
(4) Appointed membership.--
(A) Qualifications.--Members appointed under
paragraph (1) shall be highly qualified to appraise
educational research, statistics, evaluations, or
development, and shall include individuals from each of
the following groups:
(i) Educators, including classroom
teachers, principals, and other school
administrators.
(ii) Parents.
(iii) Business leaders.
(iv) Experts and scientists in research,
statistics, evaluation, or development, who are
recognized in their discipline as highly
qualified to represent such discipline.
(B) Special rule.--A majority of the voting members
of the Board must be appointed from the groups
described in clauses (i) and (iv) of subparagraph (A).
(C) Terms.--Each member appointed under paragraph
(1) shall serve for a term of 4 years, except that--
(i) the terms of the initial members
appointed under such paragraph shall (as
determined by a random selection process at the
time of appointment) be for staggered terms
of--
(I) 4 years for each of five
members;
(II) 3 years for each of five
members; and
(III) 2 years for each of five
members; and
(ii) no member appointed under such
paragraph shall serve for more than two
consecutive terms.
(D) Extension of service.--A member of the Board
may serve after the expiration of the member's term
until a successor has been appointed and confirmed, but
for no longer than 1 additional year.
(5) Chair.--The Board shall elect a chairperson from among
the members of the Board.
(6) Compensation.--Members of the Board shall serve without
pay for such service. Members of the Board who are officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Board.
(7) Travel expenses.--The members of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(8) Powers of the board.--
(A) Executive director.--The Board shall have an
Executive Director who shall be appointed by the Board.
(B) Additional staff.--The Board shall utilize such
additional staff as may be appointed or assigned by the
Director, in consultation with the Chair.
(C) Detail of staff personnel.--The Board may
arrange for the detail of staff personnel and use the
services and facilities of any department or agency of
the Federal Government.
(D) Contracts.--The Board may enter into contracts
or make other arrangements as may be necessary to carry
out its functions.
(E) Information.--The Board may, to the extent
otherwise permitted by law, obtain directly from any
executive department or agency of the Federal
Government such information as the Board deems
necessary to carry out its functions.
(9) Meetings.--The Board shall meet not less than four
times each year. The Board shall hold additional meetings at
the call of the chairperson or upon the written request of at
least six voting members of the Board.
(10) Quorum.--A majority of the voting members of the Board
shall constitute a quorum.
(d) Standing Committees.--
(1) Establishment.--The Board may establish standing
committees--
(A) to each serve one of the National Education
Centers; and
(B) to advise, assist, consult with, and make
recommendations to the Director and the Commissioner of
the appropriate National Education Centers.
(2) Membership.--A majority of the members of each standing
committee shall be voting members of the Board whose expertise
is needed for the functioning of the committee. In addition,
the membership of each standing committee may include, as
appropriate--
(A) experts and scientists in research, statistics,
evaluation, or development who are recognized in their
discipline as highly qualified to represent such
discipline and who are not members of the Board, but
who have been recommended by the Commissioners of each
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 have been recommended by
the Commissioners of each National Education Center and
approved by the Board.
(3) Duties.--Each standing committee shall--
(A) at the discretion of the Board or the standing
committee, review and comment on any grant, contract,
or cooperative agreement entered into (or proposed to
be entered into) by the applicable National Education
Center;
(B) prepare for, and submit to, the Board an annual
evaluation of the operations of the applicable National
Education Center;
(C) review and comment on the relevant plan for
activities to be undertaken by the applicable National
Education Center for each fiscal year; and
(D) periodically report to the Board regarding the
activities of the committee and the applicable National
Education Center.
(e) Annual Report.--The Board shall submit to the Director, the
Secretary, and the appropriate congressional committees, not later than
July 1 of each year, a report that assesses the effectiveness of the
Academy in carrying out its priorities and mission, especially as they
relate to carrying out scientifically valid research, conducting
unbiased evaluations, and collecting and reporting accurate education
statistics.
(f) Recommendations.--The Board shall submit to the Director, the
Secretary, and the appropriate congressional committees a report that
includes any recommendations regarding any actions that could be taken
to enhance the ability of the Academy to carry out its priorities and
mission. The Board shall submit an interim report not later than 3
years after the date of enactment of this Act and a final report not
later than 5 years after such date of enactment.
SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.
(a) Appointment.--The National Education Centers shall each be
headed by a Commissioner appointed by the Director. In appointing
Commissioners, the Director shall seek to promote continuity in
leadership of the National Education Centers and shall consider
individuals recommended by the Board, acting in consultation with the
Director. The Director may appoint a Commissioner to carry out the
functions of a National Education Center without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(b) Pay.--The Commissioners shall each receive the rate of basic
pay for level IV of the Executive Schedule.
(c) Qualifications.--Each Commissioner shall be highly qualified in
the field of education research, statistics, or evaluation.
(d) Service and Removal.--Each Commissioner shall report to the
Director and may be removed by the Director. A Commissioner shall serve
for a period of no more than 6 years, unless reappointed by the
Director, except that a Commissioner may serve after the expiration of
that Commissioner's term, until a successor has been appointed by the
Director, for up to 1 additional year.
SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION.
(a) Establishment.--There is established within the Academy an
Office of Educational Resources and Dissemination.
(b) Duties.--The Office of Educational Resources and Dissemination
shall--
(1) disseminate information on scientifically valid
research, statistics, and evaluation on education to the
public, the media, voluntary organizations, and other
constituencies, especially with respect to information relating
to, at a minimum--
(A) the core academic areas of reading,
mathematics, and science;
(B) closing the achievement gap between high-
performing students and low-performing students;
(C) educational practices that improve academic
achievement and promote learning; and
(D) education technology, including software;
(2) manage the National Library of Education described in
subsection (e), and other sources of digital information on
education research; and
(3) make such information accessible in a user-friendly,
timely, and efficient manner (including through use of a
searchable Internet web-based online database) to schools,
educators, parents, administrators, policymakers, researchers,
public and private entities, entities responsible for carrying
out technical assistance through the Department, and the
general public.
(c) Additional Duties.--In carrying out subsection (b), the Office
of Educational Resources and Dissemination shall--
(1) ensure that information disseminated under this section
is provided in a cost-effective, nonduplicative manner,
including the most current research findings, which may include
through the continuation of individual clearinghouses
authorized under the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (title IX of the
Goals 2000: Educate America Act; 20 U.S.C. 6001 et seq.) (as
such Act existed on the day before the date of enactment of
this Act) or the clearinghouse authorized under section 2102(b)
of the Elementary and Secondary Education Act of 1965 (as such
section existed on the day before the date of enactment of the
No Child Left Behind Act of 2001 (Public Law 107-110));
(2) prominently describe the type of scientific evidence
that is used to support the findings that are disseminated;
(3) clearly explain the scientifically appropriate and
inappropriate uses of--
(A) the findings that are disseminated; and
(B) the types of evidence used to support those
findings; and
(4) respond, as appropriate, to inquiries from schools,
educators, parents, administrators, policymakers, researchers,
public and private entities, and entities responsible for
carrying out technical assistance.
(d) Continuation.--The Director shall continue the existing awards
of the Educational Resources Information Center Clearinghouses
(established under section 941(f) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as such
provision existed on the day before the date of enactment of this Act))
for the duration of those existing awards, in accordance with the terms
and agreements of such awards.
(e) National Library of Education.--There is established within the
Office of Educational Resources and Dissemination a National Library of
Education that shall be headed by an individual who is highly qualified
in library science and shall collect and archive information, including
products and publications developed through, or supported by, the
Academy, and other relevant and useful education-related research,
statistics, and evaluation and other information, projects, and
publications that are consistent with scientifically valid research or
the priorities and mission of the Academy and are developed by the
Department, other Federal agencies, or entities (including entities
supported under the Regional Educational Technical Assistance Act).
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
(a) Establishment.--There is established in the Academy a National
Center for Education Research (in this part referred to as the
``Research Center'').
(b) Mission.--The mission of the Research Center is--
(1) to sponsor sustained research that will lead to the
accumulation of knowledge and understanding of education,
particularly to improve student academic achievement and close
the achievement gap between high-performing and low-performing
students, including through the improvement of teaching and
learning of reading, writing, mathematics, science, and other
academic subjects;
(2) to support the synthesis and, as appropriate, the
integration of education research;
(3) to promote quality and integrity through the use of
accepted practices of scientific inquiry to obtain knowledge
and understanding of the validity of education theories,
practices, or conditions; and
(4) to promote scientifically valid research findings that
can provide the basis for improving academic instruction and
lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.
The Research Center shall be headed by a Commissioner for Education
Research (in this part referred to as the ``Research Commissioner'')
who shall have substantial knowledge of the activities of the Research
Center, including a high level of expertise in the fields of research
and research management.
SEC. 133. DUTIES.
(a) General Duties.--The Research Commissioner shall--
(1) maintain published peer-review standards and standards
for the conduct and evaluation of all research and development
carried out under the auspices of the Research Center in
accordance with this part;
(2) propose to the Director a research plan that--
(A) is consistent with the priorities and mission
of the Academy and the mission of the Research Center
and is based upon the activities described in paragraph
(3); and
(B) shall be carried out pursuant to paragraph (4)
and, as appropriate, be updated and modified;
(3) carry out specific, long-term research activities that
are consistent with the priorities and mission of the Academy,
and are approved by the Director;
(4) implement the plan proposed under paragraph (2) to
carry out scientifically valid research that--
(A) uses objective and measurable indicators,
including timelines, that are used to assess the
progress and results of such research;
(B) meets the procedures for peer review
established by the Director under section 115(f) and
the standards of research described in section 135; and
(C) includes both basic research and applied
research, which shall include research conducted
through field-initiated studies and may include ongoing
research initiatives;
(5) promote the use of scientifically valid research within
the Federal Government, including active participation in
interagency research initiatives;
(6) ensure that research conducted by the Research Center
is relevant to education practice and policy;
(7) synthesize and disseminate, through the Office of
Educational Resources and Dissemination, the findings and
results of education research conducted or supported by the
Research Center; and
(8) prepare and submit to the Director for approval an
annual report, as described in section 134, which shall be made
available to the public through such means as the Internet.
(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) Evaluative Summaries of Research Priorities.--
(1) In general.--In addition to the duties described in
subsection (a), the Research Commissioner shall oversee and
support the conduct of evaluative summaries of the education
priority areas of each of the national research and development
centers (as defined in section 181). Such summaries--
(A) shall be completed not later than 1 year after
the date of enactment of this Act; and
(B) shall be submitted to the Director and the
Board to provide assistance on developing and
implementing the research plan described in subsection
(a)(2).
(2) Previous evaluations.--In carrying out this subsection,
the Research Commissioner may use evaluations and assessments
of a national research and development center completed before
the date of enactment of this Act.
(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 national
research and development centers;
(2) describe how such findings are consistent with
scientifically valid research; and
(3) describe the implications of such findings for
educational practice and school reform.
(e) National Research and Development Centers.--
(1) Support.--In carrying out activities under subsection
(a)(3), the Director, acting through the Research Commissioner,
shall support national research and development centers.
(2) Scope.--Support for a national research and development
center shall be for a period of not more than 5 years, shall be
of sufficient size and scope to be effective, and
notwithstanding section 135(b), may be renewed without
competition for not more than 5 additional years if the
Director, in consultation with the Research Commissioner and
the Board, determines that the research of the national
research and development center--
(A) continues to address priorities of the Academy;
and
(B) merits renewal (applying the procedures and
standards established in section 135).
(3) Limit.--No national research and development center may
be supported under this subsection for a period of more than 10
years without competition.
(4) Continuation of awards.--The Director, acting through
the Research Commissioner, shall continue awards made to the
national research and development centers in effect on the day
before the date of enactment of this Act in accordance with the
terms of those awards and may renew them in accordance with
paragraphs (2) and (3).
SEC. 134. BIENNIAL REPORT.
The Director shall, on a biennial basis, transmit to the President,
the Board, and the appropriate congressional committees and make widely
available to the public (including by means of the Internet), a report
containing the following:
(1) A description of the activities carried out by and
through the Research Center during the prior fiscal year.
(2) A detailed summary of each grant, contract, and
cooperative agreement in excess of $100,000 funded during the
prior fiscal year, including, at a minimum, the amount,
duration, recipient, purpose, and goal of the award and its
relationship to the priorities and mission of the Academy, the
reports and publications produced, and an evaluation of the
activities of the Research Center, which shall be available in
a user-friendly electronic database.
(3) A description of how the activities of the Research
Center are consistent with the principles of scientifically
valid research and the priorities and mission of the Academy.
(4) Such additional comments, recommendations, and
materials as the Director considers appropriate.
SEC. 135. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.
(a) In General.--In carrying out this part, the Director, acting
through the Research Commissioner, shall--
(1) ensure that all research conducted under the direction
of the Research Center follows scientifically based research
standards;
(2) develop such other standards as may be necessary to
govern the conduct and evaluation of all research, development,
and dissemination activities carried out by the Research Center
to assure that such activities meet the highest standards of
professional excellence;
(3) review the procedures utilized by the National
Institutes of Health, the National Science Foundation, and
other Federal departments or agencies engaged in research and
development and actively solicit recommendations from research
organizations and members of the general public in the
development of the standards described in paragraph (2); and
(4) ensure that all research complies with Federal
guidelines relating to research misconduct.
(b) Research Awards.--
(1) In general.--Research carried out under this part
through grants, contracts, or cooperative agreements, at a
minimum, shall--
(A) be awarded through a process of open
competition; and
(B) be subject to a system of peer review of highly
qualified individuals with an in-depth knowledge of the
subject to be investigated--
(i) for reviewing and evaluating all
applications for grants and cooperative
agreements and bids for contracts that exceed
$100,000; and
(ii) for evaluating and assessing the
performance of all recipients of grants,
cooperative agreements, and contracts.
(2) Evaluation.--The Director, acting through the Research
Commissioner, shall--
(A) develop the procedures to be used in evaluating
applications for research grants, cooperative
agreements, and contracts and specify the criteria and
factors which shall be considered in making such
evaluations; and
(B) evaluate the performance of each recipient of
an award of a research grant, contract, or cooperative
agreement at the conclusion of the award.
(c) Long-Term Research.--The Director, acting through the Research
Commissioner, shall assure that not less than 50 percent of the funds
made available for research for each fiscal year shall be used to fund
long-term research programs of not less than 5 years, which support the
priorities and mission of the Academy and the mission of the Research
Center.
PART C--NATIONAL CENTER FOR EDUCATION STATISTICS
SEC. 151. ESTABLISHMENT.
(a) Establishment.--There is established in the Academy a National
Center for Education Statistics (in this part referred to as the
``Statistics Center'').
(b) Mission.--The mission of the Statistics Center shall be--
(1) to collect and analyze education information and
statistics in a manner that meets the highest methodological
standards;
(2) to report education information and statistics in a
timely manner; and
(3) to collect, analyze, and report education information
and statistics in a manner that--
(A) is objective, secular, neutral, and
nonideological and is free of partisan political
influence and racial, cultural, gender, or regional
bias; and
(B) is relevant and useful to practitioners,
researchers, policymakers, and the public.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commissioner for
Education Statistics (in this part referred to as the ``Statistics
Commissioner'') who shall have substantial knowledge of statistical
methodologies and activities undertaken by the Statistics Center.
SEC. 153. DUTIES.
(a) General Duties.--The duties of the Statistics Center are to
collect, report, analyze, and disseminate statistical data related to
education in the United States and in other nations, including--
(1) collecting, acquiring, compiling (where appropriate, on
a State-by-State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, postsecondary, and adult
levels in the United States, including data on--
(A) successful State and local education reform
activities that result in increased academic
achievement and narrowing of achievement gaps;
(B) student achievement in, at a minimum, 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--
(i) 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;
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;
(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;
(J) the existence and use of educational technology
and access to the Internet in elementary schools and
secondary schools;
(K) educational access to, and opportunity for,
early childhood education; and
(L) the availability of, and access to, before-
school and after-school programs (including such
programs during school recesses);
(2) conducting and publishing reports on the meaning and
significance of the statistics described in paragraph (1);
(3) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, information by gender, race, ethnicity,
socioeconomic status, limited English proficiency, mobility,
and disability, when such disaggregated information would
facilitate educational and policy decisionmaking;
(4) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities, which may include
assisting State educational agencies and local educational
agencies with the disaggregation of data;
(5) acquiring and disseminating data on educational
activities and student achievement (such as the Third
International Math and Science Study) in the United States
compared with foreign nations; and
(6) conducting longitudinal and special data collections
necessary to report on the condition and progress of education.
(b) Training Program.--The Statistics Commissioner may establish a
program to train employees of public and private educational agencies,
organizations, and institutions in the use of standard statistical
procedures and concepts and may establish a fellowship program to
appoint such employees as temporary fellows at the Statistics Center in
order to assist the Statistics Center in carrying out its duties.
SEC. 154. PERFORMANCE OF DUTIES.
(a) Grants, Contracts, and Cooperative Agreements.--In carrying out
the duties under this part, the Director, acting through the Statistics
Commissioner, may award grants, enter into contracts and cooperative
agreements, and provide technical assistance.
(b) Gathering Information.--
(1) Sampling.--The Statistics Commissioner may use the
statistical method known as sampling (including random
sampling) to carry out this part.
(2) Source of information.--The Statistics Commissioner
may, as appropriate, use information collected--
(A) from States, local educational agencies, public
and private schools, preschools, institutions of
postsecondary education, 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 Commissioner may--
(A) enter into interagency agreements for the
collection of statistics;
(B) arrange with any agency, organization, or
institution for the collection of statistics; and
(C) assign employees of the Statistics Center to
any such agency, organization, or institution to assist
in such collection.
(4) Technical assistance and coordination.--In order to
maximize the effectiveness of Department efforts to serve the
educational needs of children and youth, the Statistics
Commissioner shall--
(A) provide technical assistance to the Department
offices that gather data for statistical purposes; and
(B) coordinate with other Department offices in the
collection of data.
SEC. 155. REPORTS.
(a) Procedures for Issuance of Reports.--The Statistics
Commissioner, 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 partisan political influence.
(b) Report on Condition and Progress of Education.--Not later than
June 1, 2002, and each succeeding June 1 thereafter, the Director,
acting through the Statistics Commissioner, shall, with the approval of
the Director, 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 (as determined by the Director, acting
through the Statistics Commissioner), special statistical reports on
education topics, particularly in the core academic areas of reading,
mathematics, and science, consistent with the priorities and mission of
the Academy and the mission of the Statistics Center.
SEC. 156. DISSEMINATION.
(a) General Requests.--
(1) In general.--The Statistics Center may furnish
transcripts or copies of tables and other statistical records
and make special statistical compilations and surveys for State
and local officials, public and private organizations, and
individuals.
(2) Compilations.--The Statistics Center shall provide
State and local educational agencies opportunities to suggest
the development of particular compilations of statistics,
surveys, and analyses that would assist those educational
agencies.
(b) Congressional Requests.--The Statistics Center shall furnish
such special statistical compilations and surveys as the relevant
congressional committees may request.
(c) Joint Statistical Projects.--The Statistics Center may engage
in joint statistical projects related to the mission of the Center, or
other statistical purposes authorized by law, with nonprofit
organizations or agencies, and the cost of such projects shall be
shared equitably.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment of
the actual or estimated cost of such work.
(2) Funds received.--All funds received in payment for work
or services described in this subsection may be used to pay
directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs,
or to refund excess sums when necessary.
(e) Access.--
(1) Other agencies.--The Statistics Center shall,
consistent with section 184, cooperate with other Federal
agencies having a need for educational data in providing access
to educational data received by the Statistics Center.
(2) Interested parties.--The Statistics Center shall, in
accordance with such terms and conditions as the Center may
prescribe, provide all interested parties, including public and
private agencies, parents, and other individuals, direct
access, in the most appropriate form (including, where
possible, electronically), to data collected by the Statistics
Center for the purposes of research and acquiring statistical
information.
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may establish one or more national
cooperative education statistics systems for the purpose of producing
and maintaining, with the cooperation of the States, comparable and
uniform information and data on early childhood education, elementary
and secondary education, postsecondary education, adult education, and
libraries, that are useful for policymaking at the Federal, State, and
local levels.
SEC. 158. STATE DEFINED.
In this part, the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
PART D--NATIONAL CENTER FOR EDUCATION EVALUATION
SEC. 171. ESTABLISHMENT.
(a) Establishment.--There is established in the Academy a National
Center for Education Evaluation (in this part referred to as the
``Evaluation Center'').
(b) Mission.--The mission of the Evaluation Center shall be to
conduct evaluations of Federal education programs administered by the
Secretary (and as time and resources allow, other education programs)
to determine the impact of such programs (particularly on student
academic achievement in the core academic areas of reading, math, and
science), to support synthesis and dissemination of results of
evaluation research, and to encourage the use of scientifically valid
education evaluation throughout the United States.
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.
(a) In General.--The Evaluation Center shall be headed by a
Commissioner for Education Evaluation (in this part referred to as the
``Evaluation Commissioner'') who--
(1) shall possess a demonstrated capacity for sustained
productivity and leadership in education evaluation, and be
technically competent in conducting scientifically valid
education evaluations; and
(2) shall oversee all evaluation activities of the
Evaluation Center, the development of evaluation methodology,
the reporting of findings of evaluations to the public and
appropriate congressional committees, and other duties
essential to carrying out the mission of the Evaluation Center.
(b) Grants, Contracts, and Cooperative Agreements.--In carrying out
the duties under this part, the Director, acting through the Evaluation
Center, may award grants, enter into contracts and cooperative
agreements, and provide technical assistance.
SEC. 173. DUTIES.
(a) General Duties.--
(1) In general.--The Director, acting through the
Evaluation Commissioner, shall--
(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) coordinate the activities of the Evaluation
Center with other evaluation activities in the
Department;
(D) submit to the President and the appropriate
congressional committees a report on the Evaluation
Center's evaluation activities on an annual basis; and
(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.
(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.
(b) Administration of Evaluations Under Title I of the Elementary
and Secondary Education Act of 1965.--The Director, acting through the
Evaluation Commissioner, consistent with the mission of the Evaluation
Center under section 171, shall administer all operations and contracts
associated with evaluations authorized by part E of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.)
and administered by the Department as of the date of enactment of this
Act.
PART E--GENERAL PROVISIONS
SEC. 181. DEFINITIONS.
In this title:
(1) The terms ``elementary school'', ``secondary school'',
``local educational agency'', and ``State educational agency''
have the meanings given those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)
and the terms ``freely associated states'' and ``outlying
area'' have the meanings given those terms in section 1121(c)
of such Act (20 U.S.C. 6331(c)).
(2) The term ``Academy'' means the Academy of Education
Sciences established under section 111.
(3) The term ``applied research'' means research--
(A) to gain knowledge or understanding necessary
for determining the means by which a recognized and
specific need may be met; and
(B) that is specifically directed to the
advancement of practice in the field of education.
(4) The term ``basic research'' means research--
(A) to gain fundamental knowledge or understanding
of phenomena and observable facts, without specific
application toward processes or products; and
(B) for the advancement of knowledge in the field
of education.
(5) The term ``Board'' means the National Board for
Education Sciences established under section 117.
(6) The term ``Department'' means the Department of
Education.
(7) The term ``development'' means the systematic use of
knowledge or understanding gained from the findings of
scientifically valid research that may prove useful in areas
(such as the preparation of materials and new methods of
instruction and practices in teaching), that may lead to the
improvement of the academic skills of students, and that are
replicable in different educational settings.
(8) The term ``Director'' means the Director of the Academy
of Education Sciences.
(9) The term ``dissemination'' means the communication and
transfer of the results of scientifically valid research,
statistics, and evaluations, in forms that are understandable,
easily accessible, and usable, or adaptable for use in, the
improvement of educational practice by teachers,
administrators, librarians, other practitioners, researchers,
policymakers, and the public, through the provision of
technical assistance, electronic transfer, and other means.
(10) The term ``field-initiated research'' means basic
research or applied research in which specific questions and
methods of study are generated by investigators (including
teachers and other practitioners) and that conforms to
standards of scientifically valid research.
(11) The term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(12) The term ``national research and development center''
means a research and development center under section
931(c)(1)(B) of the Education Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C.
6031(c)(1)(B)) (as such provision existed on the day before the
date of enactment of this Act).
(13)(A) The term ``scientifically based research
standards'' means research standards that--
(i) apply rigorous, systematic, and objective
methodology to obtain reliable and valid knowledge
relevant to education activities and programs; and
(ii) present findings and make claims that are
appropriate to and supported by the methods that have
been employed.
(B) The term includes, appropriate to the research being
conducted--
(i) employing systematic, empirical methods that
draw on observation or experiment;
(ii) involving data analyses that are adequate to
support the general findings;
(iii) relying on measurements or observational
methods that provide reliable data;
(iv) making claims of causal relationships only in
random assignment experiments or other designs (to the
extent such designs substantially eliminate plausible
competing explanations for the obtained results);
(v) ensuring that studies and methods are presented
in sufficient detail and clarity to allow for
replication or, at a minimum, to offer the opportunity
to build systematically on the findings of the
research;
(vi) obtaining acceptance by a peer-reviewed
journal or approval by a panel of independent experts
through a comparably rigorous, objective, and
scientific review; and
(vii) using research designs and methods
appropriate to the research question posed.
(14) The term ``scientifically valid education evaluation''
means an evaluation that--
(A) adheres to the highest possible standards of
quality with respect to research design and statistical
analysis;
(B) provides an adequate description of the
programs evaluated and, to the extent possible,
examines the relationship between program
implementation and program impacts;
(C) provides an analysis of the results achieved by
the program with respect to its projected effects;
(D) employs experimental designs using random
assignment, when feasible, and other research
methodologies that allow for the strongest possible
causal inferences when random assignment is not
feasible; and
(E) may study program implementation through a
combination of scientifically valid and reliable
methods.
(15) The term ``scientifically valid research'' includes
applied research, basic research, and field-initiated research
in which the rationale, design, and interpretation are soundly
developed in accordance with scientifically based research
standards.
(16) The term ``Secretary'' means the Secretary of
Education.
(17) The term ``State'' includes (except as provided in
section 158 and in the National Assessment of Educational
Progress Authorization Act) each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the freely
associated states, and the outlying areas.
(18) The term ``technical assistance'' means--
(A) assistance in identifying, selecting, or
designing solutions (including professional development
and training to implement such solutions) leading to--
(i) improved educational practices and
classroom instruction based on scientifically
valid research; and
(ii) improved planning, design, and
administration of programs;
(B) assistance in interpreting, analyzing, and
utilizing statistics and evaluations; and
(C) other assistance necessary to encourage the
adoption or application of scientifically valid
research.
SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall ensure that
the Department and the Academy use common sources of data in
standardized formats.
SEC. 183. PROHIBITIONS.
(a) National Database.--Nothing in this title may be construed to
authorize the development of a nationwide database of individually
identifiable information on individuals involved in studies or other
collections of data under this title.
(b) Federal Government and Use of Federal Funds.--Nothing in this
title may be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control the curriculum,
program of instruction, or allocation of State or local resources of a
State, local educational agency, or school, or to mandate a State, or
any subdivision thereof, to spend any funds or incur any costs not
provided for under this title.
(c) Endorsement of Curriculum.--Notwithstanding any other provision
of Federal law, no funds provided under this title to the Academy,
including any office, board, committee, or center of the Academy, may
be used by the Academy to endorse, approve, or sanction any curriculum
designed to be used in an elementary school or secondary school.
(d) Federally Sponsored Testing.--
(1) In general.--Subject to paragraph (2), no funds
provided under this title to the Secretary or to the recipient
of any award may be used to develop, pilot test, field test,
implement, administer, or distribute any federally sponsored
national test in reading, mathematics, or any other subject,
unless specifically and explicitly authorized by law.
(2) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of this title or section
404(a)(6) of the National Education Statistics Act of 1994 (20
U.S.C. 9003(a)(6)) (as such section existed on the day before
the date of enactment of this Act) and administered to only a
representative sample of pupils in the United States and in
foreign nations.
SEC. 184. CONFIDENTIALITY.
(a) In General.--All collection, maintenance, use, and
dissemination of data by the Academy, including each office, board,
committee, and center of the Academy, shall conform with the
requirements of section 552a of title 5, United States Code, the
confidentiality standards of subsection (c) of this section, and
sections 444 and 445 of the General Education Provisions Act (20 U.S.C.
1232g, 1232h).
(b) Student Information.--The Director shall ensure that all
individually identifiable information about students, their academic
achievements, and their families, and information with respect to
individual schools, remains confidential in accordance with section
552a of title 5, United States Code, subsection (c) of this section,
and sections 444 and 445 of the General Education Provisions Act (20
U.S.C. 1232g, 1232h).
SEC. 185. AVAILABILITY OF DATA.
Subject to section 184, data collected by the Academy, including
any office, board, committee, or center of the Academy, in carrying out
the priorities and mission of the Academy, shall be made available to
the public, including through use of the Internet.
SEC. 186. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted or
supported by the Academy or a National Education Center make customer
service a priority. The Director shall ensure a high level of customer
satisfaction through the following methods:
(1) Establishing and improving feedback mechanisms in order
to anticipate customer needs.
(2) Disseminating information in a timely fashion and in
formats that are easily accessible and usable by researchers,
practitioners, and the general public.
(3) Utilizing the most modern technology and other methods
available, including arrangements to use data collected
electronically by States and local educational agencies, to
ensure the efficient collection and timely distribution of
information, including data and reports.
(4) Establishing and measuring performance against a set of
indicators for the quality of data collected, analyzed, and
reported.
(5) Continuously improving management strategies and
practices.
(6) Making information available to the public in an
expeditious fashion.
SEC. 187. AUTHORITY TO PUBLISH.
(a) Publication.--
(1) In general.--The Academy, including each office, board,
committee, and center of the Academy, may prepare, publish, and
present (including through oral presentations) such research-
based information and research reports as needed to carry out
the priorities and mission of the Academy, without clearance or
approval for such preparation and publication by the Secretary
or any other officer of the Department.
(2) Prohibition of review.--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.
(b) Peer Review.--All published research, statistics, and
evaluation reports conducted by or supported through the Academy, shall
be subjected to rigorous peer review before being published or
otherwise made available and shall include the names of the peer
reviewers.
(c) Advance Copies.--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 on the Board occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term. A
vacancy in an office, board, committee, or center of the Academy shall
be filled in the manner in which the original appointment was made.
This section does not apply to employees appointed under section 189.
SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) Appointment and Pay.--The Director may appoint for limited
periods of time and fix the pay of certain scientific or technical
employees to carry out the functions of the Academy or the office,
board, committee, or center, respectively, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, provided that--
(1) at least 30 days before the appointment of any employee
under this subsection, the Director shall give public notice of
the availability of such position and shall provide an
opportunity for qualified individuals to apply and compete for
the position; and
(2) the Director may not appoint an employee under this
subsection unless the employee is necessary to provide the
Academy with scientific or technical expertise that could not
otherwise be obtained by the Academy through the competitive
service and such necessity can be justified in a clear and
convincing fashion.
(b) Maximum Number.--Employees appointed under this section and
employed at the Academy at any particular time shall not exceed the
greater of 20 percent of the total employees of the Academy or a total
of 60 individuals.
(c) Maximum Pay Rate.--An employee appointed under this section may
not be paid at a rate that exceeds the rate of basic pay for level V of
the Executive Schedule, except that not more than 10 individuals
appointed under this section may not be paid at a rate that exceeds the
rate of basic pay for level IV of the Executive Schedule.
(d) Terms.--An employee appointed under this section may serve not
longer than 6 years.
SEC. 190. VOLUNTARY SERVICE.
The Secretary, acting through the Director, may accept voluntary
and uncompensated services to carry out and support activities that are
consistent with the priorities and mission of the Academy.
SEC. 191. FELLOWSHIPS.
In order to strengthen the national capacity to carry out high-
quality research, evaluation, and statistics related to education, the
Director shall establish and maintain research, evaluation, and
statistics fellowships in the Academy and institutions of higher
education (which may include the establishment of such fellowships in
historically black colleges and universities and other institutions of
higher education with large numbers of minority students) that support
graduate and postdoctoral study, particularly for women and minorities,
with such stipends and allowances (including travel and subsistence
expenses) as the Director may determine necessary to obtain the
assistance of highly qualified research, evaluation, and statistics
fellows.
SEC. 192. RULEMAKING.
Notwithstanding section 437(d) of the General Education Provisions
Act (20 U.S.C. 1232(d)), the exemption for public property, loans,
grants, and benefits in section 553(a)(2) of title 5, United States
Code, shall apply to the Academy.
SEC. 193. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
administer and carry out this title $400,000,000 for fiscal year 2003
and such sums as may be necessary for each of the 5 succeeding fiscal
years, of which--
(1) no less than the amount provided to the National Center
for Education Statistics (as such Center was in existence on
the day before the date of the enactment of this Act) for
fiscal year 2002 shall be provided to the National Center for
Education Statistics, as authorized under part C; and
(2) the lesser of 2 percent of such funds or $1,000,000
shall be made available to carry out section 117 (relating to
the National Board for Education Sciences).
(b) Availability.--Amounts made available under this section shall
remain available until expended.
TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL
ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Regional Assistance Act of 2002''.
SEC. 202. 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 educational applied research and technical
assistance entities.
Sec. 204. Regional advisory committees.
Sec. 205. Grants.
Sec. 206. Regional entity boards.
Sec. 207. Public input.
Sec. 208. Priorities and evaluations.
Sec. 209. Authorization of appropriations.
Sec. 210. General provisions.
SEC. 203. REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL
ASSISTANCE ENTITIES.
(a) Establishment.--The Secretary, through grants, contracts, or
cooperative agreements, shall establish and oversee a system of
regional educational applied research and technical assistance entities
(in this title referred to as ``regional entities'') to provide applied
research, dissemination, training, technical assistance, and
development activities related to the administration and implementation
of Federal education programs and other regional education needs to
States, local educational agencies, schools, Indian tribes, community-
based organizations, and other appropriate entities.
(b) Regions.--In establishing geographical regions to be served by
the regional entities, the Secretary shall serve the same geographical
regions as served by the regional educational laboratories established
under section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (as such provision existed
on the day before the date of enactment of this Act). The Secretary
shall support at least two regional entities in each region, and shall
allocate to each region for each fiscal year an amount of funds
comparable to the amount of funds awarded to serve the needs of that
region under prior regional assistance programs under section 3141 and
parts A and C of title XIII of the Elementary and Secondary Education
Act of 1965 (as such provisions existed on the day before the date of
enactment of the No Child Left Behind Act of 2001 (Public Law 107-110))
and 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).
(c) Technical Assistance, Applied Research, Development, and
Dissemination.--The Secretary shall support applied research,
development, dissemination, and technical assistance and reform
initiatives, which, at a minimum, shall include the following:
(1) Training and technical assistance to State educational
agencies, local educational agencies, schools, public charter
schools, Indian tribes, community-based organizations, and
other appropriate entities, 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 and assessment tools for use by
teachers and administrators in, at a minimum--
(i) the core academic areas of mathematics,
science, and reading; and
(ii) education technology; and
(C) the facilitation of communication between
education experts, school officials and teachers,
parents, and librarians, as appropriate.
(2) The dissemination and provision of scientifically valid
research, information, reports, and publications that are
usable for improving academic achievement, narrowing
achievement gaps, and encouraging and sustaining school
improvement, to--
(A) schools, educators, parents, and policymakers
within the applicable region in which the entity is
located; and
(B) the Office of Educational Resources and
Dissemination.
(3) Applied research projects designed to serve the
particular needs of the region if quality applied research does
not exist based on the regional advisory committee's plan under
section 204(c), and that reflects findings from scientifically
valid research and results in user-friendly, replicable,
classroom applications geared toward promoting increased
student achievement.
(4) The use of applied research to assist in solving site-
specific problems, to assist in development activities, and to
contribute to the current base of education knowledge by
addressing enduring problems in elementary and secondary
education.
(d) Authority.--
(1) In general.--To carry out the activities described in
subsection (c), the Secretary shall--
(A) enter into contracts with at least two regional
entities for each region described in subsection (b),
on a competitive basis, for a 5-year period, to provide
services under this title, and of such entities--
(i) the primary duties of at least one
regional entity for each region shall include
those described in subsections (c)(3) and
(c)(4);
(ii) the primary duties of at least one
regional entity for each region shall include
those described in subsection (c)(1); and
(iii) at least one of the regional entities
described in clauses (i) and (ii) shall be a
nonprofit entity; and
(B) provide contracts of not more than a 5-year
period, each of which shall be on a competitive basis,
with private or public, for profit or nonprofit,
research organizations, institutions, agencies,
institutions of higher education, or partnerships among
such entities, or individuals, with the demonstrated
ability or capacity to carry out the activities
described in subsection (c), which may include regional
entities that carried out activities under the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (20 U.S.C. 5801 et seq.) (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) Application.--Each regional entity seeking a contract
under this subsection shall submit an application at such time,
in such manner, and containing such additional information as
the Secretary may reasonably require. Each such application
shall--
(A) cover not less than a 5-year period; and
(B) describe how the applicant will carry out the
activities described in subsection (c).
(3) Objectives and indicators.--Before entering into a
contract under this subsection, the Secretary shall design
specific objectives and measurable indicators to be used to
assess the particular program or initiatives and ongoing
progress and performance of regional entities to ensure the
needs of the region are being met and that the latest and best
research and proven practices are being carried out as part of
school improvement efforts.
(e) 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 regional
entity with each other regional entity and with the Department,
including the Director of the Academy of Education Sciences and
the National Board for Education Sciences;
(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;
(3) where appropriate, employ methods through which the
activities undertaken by each of the regional entities also
serves national interests; and
(4) assure that each of the entities funded under this
section coordinate their activities with each other.
(f) Continuation.--In order to carry out the purpose of this title
and facilitate the transition to regional entities, the Secretary--
(1) shall continue the existing awards of the regional
educational laboratories established under section 941(h) of
the Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the day
before the date of enactment of this Act), the Eisenhower
Regional Mathematics and Science Education Consortia
established under part M of such Act (as such part existed on
the day before the date of enactment of this Act), and the
Regional Technology in Education Consortia for the duration of
those existing awards in accordance with the terms and
agreements of such awards; and
(2) may extend for no more than 2 years the awards of the
Comprehensive Regional Assistance Centers established under
part K of the Educational Research, Development, Dissemination,
and Improvement Act of 1994 (as such part existed on the day
before the date of enactment of this Act).
SEC. 204. REGIONAL ADVISORY COMMITTEES.
(a) Establishment and Membership.--
(1) In general.--The Secretary shall support, through
grants awarded under section 205, a regional advisory committee
in each region referred to in section 203(b). Each such
committee shall be established by the Governors, in
consultation with the chief State school officers, in such
region. The membership of such a committee shall not exceed 25
members, shall represent a balanced representation of States in
the region, and shall consist of the following individuals:
(A) Not more than one representative of each State
educational agency geographically located in the
region.
(B) Representatives of local educational agencies,
who shall be selected jointly by the Governors and the
chief State school officers in such States represented
by such region and shall include representatives of
urban and rural areas.
(C) Representatives of institutions of higher
education, including individuals representing
university-based education research, and university-
based research other than education, who shall be
selected jointly by the Governors and the chief State
school officers in such States represented by such
region.
(D) Parents, who shall be selected jointly by the
Governors and the chief State school officers in such
States represented by such region.
(E) Practicing educators, including classroom
teachers, principals, administrators, school board
members, and other local school officials, who shall be
selected jointly by the Governors and the chief State
school officers in such States represented by such
region.
(F) Representatives of business, who shall be
selected jointly by the Governors and the chief State
school officers in such States represented by such
region.
(G) Researchers, who shall be selected jointly by
the Governors and the chief State school officers in
such States represented by such region.
(2) Special rule.--The number of members on each such
committee selected under subparagraphs (B), (D), and (E) of
paragraph (1), collectively, shall total more than those
selected under subparagraphs (A), (C), (F), and (G) of such
paragraph, collectively.
(b) Authority.--Each regional advisory committee shall have the
authority to accept gifts, in-kind contributions, services, or other
assistance to facilitate the committee's activities.
(c) Plan.--Each regional advisory committee shall--
(1) develop a 5-year plan for serving the needs of all
States and, to the extent practicable, local needs within the
region by conducting a survey of the educational needs,
strengths, and weaknesses within the region, including a
process of open hearings to solicit the views and needs of
schools, public charter schools, teachers, administrators,
parents, local educational agencies, librarians, businesses,
State educational agencies, and other customers within the
region; and
(2) submit the plan to the Secretary, at such time, in such
manner, and containing such information as the Secretary may
require, and to the Director of the Academy of Education
Sciences, to assist in making decisions regarding the
priorities under section 116 of the Education Sciences Reform
Act of 2002 and the priorities described under section 208(a).
SEC. 205. GRANTS.
(a) Authority.--In order to support the activities of the regional
advisory committees established under section 204 (including conducting
the survey of regional needs described in section 204(c)(1)), the
Secretary shall make a grant to an entity within each region that is
approved by the Governor and the chief State school officer of each
State within the region. A grant under this subsection shall not exceed
$150,000 and shall not exceed 1 year in duration.
(b) Application.--In order to receive a grant under subsection (a),
the entity applying on behalf of the regional advisory committee shall
submit to the Secretary for approval an application that contains--
(1) documentary evidence of the entity's approval by the
Governor and chief State school officer of each State within
the region;
(2) an assurance that the regional advisory committee will
comply with the requirements of section 204; and
(3) such other information as the Secretary may reasonably
require.
(c) Subsequent Grants.--The Secretary shall make grants subsequent
to those made under subsection (a) on a timely basis, in order to
ensure the preparation and submission of a second 5-year plan.
SEC. 206. REGIONAL ENTITY BOARDS.
(a) Composition.--The regional entities described in section
203(d)(1)(A) shall be governed by a board (in this title referred to as
a ``regional entity board'') composed of--
(1) the chief State school officers (or other State
officials in each State served by the regional entity who have
primary responsibility under State law for elementary and
secondary education in the State), or their designees, in the
region served by the regional entity; and
(2) not more than 20 other members who are representative
of the educational interests in the region served by the
regional entity and are selected jointly by the officials
specified in paragraph (1) and the Governors of each State
within the region, including--
(A) representatives of local educational agencies,
including representatives of urban and rural areas;
(B) representatives of institutions of higher
education;
(C) parents;
(D) practicing educators, including classroom
teachers, principals, and administrators;
(E) representatives of business; and
(F) policymakers, expert practitioners, and
researchers with knowledge of, and experience using,
the results of research, evaluation, and statistics.
(b) Plan.--Each regional entity board shall develop and submit to
the Secretary for approval a plan that addresses the needs identified
by the appropriate regional advisory committee under section 204(c)(1).
Such plan shall be submitted in a manner and form, and containing such
information, as the Secretary may require. Such plan shall be developed
to guide the regional entities in carrying out this section and
satisfying the terms and conditions of the contract awards, and to
assist in making decisions regarding the national priorities within
education research.
(c) Duties.--Each regional entity board shall--
(1) be the sole entity that guides and directs the regional
entities in carrying out this title, satisfying the terms and
conditions of the contract award, and determining the regional
agenda and mission of such entities;
(2) ensure that the regional entities attain and maintain a
high level of quality of work;
(3) establish standards to ensure that the regional
entities have strong and effective governance, organization,
management, and administration, and employ qualified staff;
(4) direct the regional entities to carry out their duties
in a manner that will make progress toward reforming schools
and educational systems;
(5) coordinate its activities, collaborate, and regularly
exchange information with the Secretary, the Director of the
Academy of Education Sciences, the Office of Educational
Resources and Dissemination of the Academy, and other
appropriate entities including educational service agencies as
described in the No Child Left Behind Act of 2001 (Public Law
107-110);
(6) direct the regional entities resources to and within
each State in a manner that reflects the need for assistance,
taking into account factors such as the proportion of
economically disadvantaged students, the cost burden in areas
of sparse populations; and
(7) give priority to--
(A) schools with high percentages or numbers of
students from low-income families, as determined under
section 1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6313(a)(5)), including
such schools in rural and urban areas, and schools
participating in schoolwide programs under title I of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
(B) local educational agencies in which high
percentages or numbers of school age children are from
low-income families, as determined under section
1124(c)(1)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6333(c)(1)(A)), including such
local educational agencies in rural and urban areas;
and
(C) schools that have been identified for school
improvement under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316).
(d) Gifts.--Each regional entity board shall have the authority to
accept gifts, in-kind contributions, services, or other assistance to
facilitate its activities.
SEC. 207. PUBLIC INPUT.
Before entering into a contract under this title, the Secretary
shall seek input from Governors, chief State school officers,
educators, and parents regarding the need for applied research,
dissemination, training, technical assistance, and development
activities authorized by this title in the States to be served and how
those needs would be addressed most effectively.
SEC. 208. PRIORITIES AND EVALUATIONS.
(a) Priorities.--The Secretary may establish annual priorities for
the regional entities.
(b) Evaluations.--The Secretary shall provide for ongoing
independent evaluations of the regional entities receiving grants,
contracts, or cooperative agreements in carrying out the duties under
this title, the results of which shall be transmitted to the
appropriate congressional committees and the Director of the Academy of
Education Sciences. Such evaluation shall include an analysis of the
services provided under this title, the extent to which the regional
entities have met the objectives of the plans submitted under sections
204(c) and 206(b), and whether such services have met the needs of
State educational agencies and local educational agencies and schools
in the region, including those local educational agencies and schools
described under section 206(c)(7).
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $189,000,000 for fiscal year 2003 and such sums as may
be necessary for each of the 5 succeeding fiscal years.
(b) Limitation.--Not more than 2.5 percent of the funds
appropriated under subsection (a) for a fiscal year may be used for the
evaluations required under section 208.
SEC. 210. GENERAL PROVISIONS.
Part E of the Education Sciences Reform Act of 2002 applies to this
title, as appropriate, except that any responsibilities assigned solely
to the Director of the Academy of Education Sciences shall be the
responsibility of the Secretary.
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. STATE DEFINED.
In this title, 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 (relating
to the National Assessment Governing Board); and
(B) $107,500,000 to carry out section 303 (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.
(b) Availability.--Amounts made available under this section shall
remain available until expended.
TITLE IV--AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) Confidentiality.--Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
(1) by striking ``center'', ``Center'', and
``Commissioner'' each place any such term appears and inserting
``Director'';
(2) in subsection (a)(2)(A), by striking ``statistical
purpose'' and inserting ``research, statistics, or evaluation
purpose under this title'';
(3) so that paragraph (1) of subsection (b) reads as
follows:
``(1) In general.--
``(A) Disclosure.--No Federal department, bureau,
agency, officer, or employee and no recipient of a
Federal grant, contract, or cooperative agreement may,
for any reason, require the Director, any Commissioner
of a National Education Center, or any other employee
of the Academy to disclose individually identifiable
information that has been collected or retained under
this title.
``(B) Immunity.--Individually identifiable
information collected or retained under this title
shall be immune from legal process and shall not,
without the consent of the individual concerned, be
admitted as evidence or used for any purpose in any
action, suit, or other judicial or administrative
proceeding.
``(C) Application.--This paragraph does not apply
to requests for individually identifiable information
submitted by or on behalf of the individual identified
in the information.'';
(4) in paragraphs (2) and (6) of subsection (b), by
striking ``subsection (a)(2)'' each place such term appears and
inserting ``subsection (c)(2)'';
(5) in paragraphs (3) and (7) of subsection (b), by
striking ``Center's'' each place such term appears and
inserting ``Director's''; and
(6) by striking the section heading and transferring all
the subsections (including subsections (a) through (c)) and
redesignating such subsections as subsections (c) through (e),
respectively, at the end of section 184 of this Act.
(b) Conforming Amendment.--Sections 302 and 303 of this Act are
redesignated as sections 304 and 305, respectively.
(c) National Assessment Governing Board.--Section 412 of the
National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended--
(1) in subsection (a), by striking ``referred to as the
`Board''' and inserting ``referred to as the `Assessment
Board''';
(2) by striking ``Board'' each place such term appears
(other than in subsection (a)) and inserting ``Assessment
Board'';
(3) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education
Statistics'';
(4) in subsection (a) by inserting ``(carried out under
section 303)'' after ``for the National Assessment'';
(5) in subsection (b)(2)--
(A) by striking ``Assistant secretary for
educational research'' in the heading and inserting
``Director of the academy of education sciences''; and
(B) by striking ``Assistant Secretary for
Educational Research and Improvement'' and inserting
``Director of the Academy of Education Sciences'';
(6) in subsection (e)(1)(A), by striking ``section 411(b)''
and inserting ``section 303(b)'';
(7) in subsection (e)(1)(B), by striking ``section 411(e)''
and inserting ``section 303(e)'';
(8) in subsection (e)(1)(E), by striking ``, including the
Advisory Council established under section 407'';
(9) in subsections (e)(1)(F) and (e)(1)(I), by striking
``section 411'' each place such term appears and inserting
``section 303'';
(10) in subsection (e)(5), by striking ``and the Advisory
Council on Education Statistics'';
(11) in subsection (e)(6), by striking ``section 411(e)''
and inserting ``section 303(e)''; and
(12) by transferring and redesignating the section as
section 302 (following section 301) of title III of this Act.
(d) National Assessment of Educational Progress.--Section 411 of
the National Education Statistics Act of 1994 (20 U.S.C. 9010) is
amended--
(1) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education
Statistics'';
(2) by striking ``National Assessment Governing Board'' and
``National Board'' each place either such term appears and
inserting ``Assessment Board'';
(3) in subsection (a), by striking ``section 412'' and
inserting ``section 302'';
(4) in subsection (a), by striking ``and with the technical
assistance of the Advisory Council established under section
407,'';
(5) in subsection (b)(1), by inserting ``of'' after
``academic achievement and reporting'';
(6) in subsection (b)(3)(A)--
(A) in clause (i), by striking ``paragraphs (1)(B)
and (1)(E)'' and inserting ``paragraphs (2)(B) and
(2)(E)'';
(B) in clause (ii), by striking ``paragraph
(1)(C)'' and inserting ``paragraph (2)(C)''; and
(C) in clause (iii), by striking ``paragraph
(1)(D)'' and inserting ``paragraph (2)(D)'';
(7) in subsection (b)(5), by striking ``(c)(2)'' and
inserting ``(c)(3)'';
(8) in subsection (c)(2)(D), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'';
(9) in subsection (e)(4), by striking ``subparagraph
(2)(C)'' and inserting ``paragraph (2)(C) of such subsection'';
(10) in subsection (f)(1)(B)(iv), by striking ``section
412(e)(4)'' and inserting ``section 302(e)(4)''; and
(11) by transferring and redesignating the section as
section 303 (following section 302) of title III of this Act.
SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.
The Department of Education Organization Act (20 U.S.C. 3401 et
seq.) is amended as follows:
(1) Paragraph (4) of section 202(b) (20 U.S.C. 3412(b)) is
amended to read as follows:
``(4) There shall be in the Department a Director of the Academy of
Education Sciences who shall be appointed in accordance with section
115(a) of the Education Sciences Reform Act of 2002 and perform the
duties described in that Act.''.
(2) Section 208 (20 U.S.C. 3419) is amended to read as
follows:
``academy of education sciences
``Sec. 208. There shall be in the Department of Education an
Academy of Education Sciences, which shall be administered in
accordance with the Education Sciences Reform Act of 2002 by the
Director appointed under section 115(a) of that Act.''.
(3) In the table of contents in section 1 (20 U.S.C. 3401
note), the item relating to section 208 is amended to read as
follows:
``Sec. 208. Academy of Education Sciences.''.
SEC. 403. REPEALS.
The following provisions of law are repealed:
(1) The National Education Statistics Act of 1994 (title IV
of the Improving America's Schools Act of 1994; 20 U.S.C. 9001
et seq.).
(2) Parts A through E and K through N of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (title IX of the Goals 2000: Educate America Act) (20
U.S.C. 6001 et seq.).
(3) Paragraph (2) of section 401(b) of the Department of
Education Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Goals 2000: Educate America Act.--The table of contents in
section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801
note) is amended by striking the items relating to parts A through E of
title IX (including the items relating to sections within those parts).
(b) Title 5, United States Code.--Title 5, United States Code, is
amended--
(1) in section 5314, by inserting a period after ``Under
Secretary of Education''; and
(2) in section 5315, by striking the following:
``Commissioner, National Center for Education Statistics.''.
(c) General Education Provisions Act.--Section 447(b) of the
General Education Provisions Act (20 U.S.C. 1232j) is amended by
striking ``section 404(a)(6) of the National Education Statistics Act
of 1994 (20 U.S.C. 9003(a)(6))'' and inserting ``section 153(a)(5) of
the Education Sciences Reform Act of 2002''.
(d) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
as follows:
(1) Section 1111(c)(2) is amended by striking ``section
411(b)(2) of the National Education Statistics Act of 1994''
and inserting ``section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act''.
(2) Section 1112(b)(1)(F) is amended by striking ``section
411(b)(2) of the National Education Statistics Act of 1994''
and inserting ``section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act''.
(3) Section 1117(a)(3) is amended 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''.
(4) Section 1501(a)(3) is amended by striking ``section 411
of the National Education Statistics Act of 1994'' and
inserting ``section 303 of the National Assessment of
Educational Progress Authorization Act''.
(5) The following provisions are each amended by striking
``Office of Educational Research and Improvement'' and
inserting ``Academy of Education Sciences'':
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
(D) Paragraphs (1) and (2) of section 5615(d) (20
U.S.C. 7283d(d)).
(E) Paragraphs (1) and (2) of section 7131(c) (20
U.S.C. 7451(c)).
(6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C.
7253c(e)) are each amended by striking ``such Office'' and
inserting ``such Academy''.
(7) Section 5613 (20 U.S.C. 7283b) is amended--
(A) in subsection (a)(5), by striking ``Assistant
Secretary of the Office of Educational Research and
Improvement'' and inserting ``Director of the Academy
of Education Sciences''; and
(B) in subsection (b)(2)(B), by striking ``research
institutes of the Office of Educational Research and
Improvement'' and inserting ``National Education
Centers of the Academy of Education Sciences''.
(8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C.
7283d(d)(1), 7451(c)(1)) are each amended by striking ``the
Office'' and inserting ``the Academy''.
(9) Section 9529(b) is amended by striking ``section
404(a)(6) of the National Education Statistics Act of 1994''
and inserting ``section 153(a)(5) of the Education Sciences
Reform Act of 2002''.
(e) School-to-Work Opportunities Act of 1994.--Section 404 of the
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194) is amended by
inserting ``(as such Act existed on the day before the date of
enactment of the Education Sciences Reform Act of 2002)'' after ``Act
of 1994''.
SEC. 405. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 2002.
Union Calendar No. 239
107th CONGRESS
2d Session
H. R. 3801
[Report No. 107-404]
_______________________________________________________________________
A BILL
To provide for improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other purposes.
_______________________________________________________________________
April 11, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed