[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2969 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2969

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2002

Mr. Kennedy (for himself and Mr. Gregg) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

Sec. 101. Short title.
Sec. 102. Definitions.
                Part A--Institute for Education Sciences

Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the director.
Sec. 115. Priorities.
Sec. 116. National board for education sciences.
Sec. 117. Commissioners of the national education centers.
Sec. 118. Office of knowledge utilization.
Sec. 119. Agreements.
Sec. 120. Biennial report.
Sec. 121. Competitive awards.
             Part B--National Center for Education Research

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

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

Sec. 171. Establishment.
Sec. 172. Commissioner for education evaluation.
Sec. 173. Duties.
                       Part E--General Provisions

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

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Regional educational laboratories for research, development, 
                            dissemination, and technical assistance.
Sec. 204. Comprehensive centers.
Sec. 205. Priorities and evaluations.
Sec. 206. Authorization of appropriations.
         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

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

                   TITLE I--EDUCATION SCIENCES REFORM

SEC. 101. SHORT TITLE.

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

SEC. 102. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``elementary school'', 
        ``secondary school'', ``local educational agency'', and ``State 
        educational agency'' have the meanings given those terms in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801) and the terms ``freely associated 
        states'' and ``outlying area'' have the meanings given those 
        terms in section 1121(c) of such Act (20 U.S.C. 6331(c)).
            (2) Applied research.--The term ``applied research'' means 
        research--
                    (A) to gain knowledge or understanding necessary 
                for determining the means by which a recognized and 
                specific need may be met; and
                    (B) that is specifically directed to the 
                advancement of practice in the field of education.
            (3) Basic research.--The term ``basic research'' means 
        research--
                    (A) to gain fundamental knowledge or understanding 
                of phenomena and observable facts, without specific 
                application toward processes or products; and
                    (B) for the advancement of knowledge in the field 
                of education.
            (4) Board.--The term ``Board'' means the National Board for 
        Education Sciences established under section 116.
            (5) Department.--The term ``Department'' means the 
        Department of Education.
            (6) Development.--The term ``development'' means the 
        systematic use of knowledge or understanding gained from the 
        findings of scientifically valid research and the shaping of 
        that knowledge or understanding into products or processes that 
        can be applied and evaluated and may prove useful in areas such 
        as the preparation of materials and new methods of instruction 
        and practices in teaching, that lead to the improvement of the 
        academic skills of students, and that are replicable in 
        different educational settings.
            (7) Director.--The term ``Director'' means the Director of 
        the Institute for Education Sciences.
            (8) Dissemination.--The term ``dissemination'' means the 
        communication and transfer of the results of scientifically 
        valid research, statistics, and evaluations, in forms that are 
        understandable, easily accessible, and usable, or adaptable for 
        use in, the improvement of educational practice by teachers, 
        administrators, librarians, other practitioners, researchers, 
        parents, policymakers, and the public, through publications, 
        electronic transfer, and other means.
            (9) Field-initiated research.--The term ``field-initiated 
        research'' means basic research or applied research in which 
        specific questions and methods of study are generated by 
        investigators (including teachers and other practitioners) and 
        that conforms to standards of scientifically valid research.
            (10) Historically black college or university.--The term 
        ``historically Black college or university'' means a part B 
        institution as defined in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061).
            (11) Institute.--The term ``Institute'' means the Institute 
        for Education Sciences established under section 111.
            (12) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (13) National research and development center.--The term 
        ``National Research and Development Center'' means a research 
        and development center supported under section 133(c).
            (14) Scientifically based research standards.--(A) The term 
        ``scientifically based research standards'' means research 
        standards that--
                    (i) apply rigorous, systematic, and objective 
                methodology to obtain reliable and valid knowledge 
                relevant to education activities and programs; and
                    (ii) present findings and make claims that are 
                appropriate to and supported by the methods that have 
                been employed.
            (B) The term includes, appropriate to the research being 
        conducted--
                    (i) employing systematic, empirical methods that 
                draw on observation or experiment;
                    (ii) involving data analyses that are adequate to 
                support the general findings;
                    (iii) relying on measurements or observational 
                methods that provide reliable data;
                    (iv) making claims of causal relationships only in 
                random assignment experiments or other designs (to the 
                extent such designs substantially eliminate plausible 
                competing explanations for the obtained results);
                    (v) ensuring that studies and methods are presented 
                in sufficient detail and clarity to allow for 
                replication or, at a minimum, to offer the opportunity 
                to build systematically on the findings of the 
                research;
                    (vi) obtaining acceptance by a peer-reviewed 
                journal or approval by a panel of independent experts 
                through a comparably rigorous, objective, and 
                scientific review; and
                    (vii) using research designs and methods 
                appropriate to the research question posed.
            (15) Scientifically valid education evaluation.--The term 
        ``scientifically valid education evaluation'' means an 
        evaluation that--
                    (A) adheres to the highest possible standards of 
                quality with respect to research design and statistical 
                analysis;
                    (B) provides an adequate description of the 
                programs evaluated and, to the extent possible, 
                examines the relationship between program 
                implementation and program impacts;
                    (C) provides an analysis of the results achieved by 
                the program with respect to its projected effects;
                    (D) employs experimental designs using random 
                assignment, when feasible, and other research 
                methodologies that allow for the strongest possible 
                causal inferences when random assignment is not 
                feasible; and
                    (E) may study program implementation through a 
                combination of scientifically valid and reliable 
                methods.
            (16) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied research and 
        basic research in which the rationale, design, and 
        interpretation are soundly developed in accordance with 
        scientifically based research standards.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (18) State.--The term ``State'' includes (except as 
        provided in section 158) each of the 50 States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the freely 
        associated states, and the outlying areas.
            (19) Technical assistance.--The term ``technical 
        assistance'' means--
                    (A) assistance in identifying, selecting, or 
                designing solutions based on scientifically valid 
                research, including professional development and high 
                quality training to implement solutions leading to--
                            (i) improved practices and classroom 
                        instruction; and
                            (ii) improved planning, design, and 
                        administration of programs;
                    (B) assistance in interpreting, analyzing, and 
                utilizing statistics and evaluations, and
                    (C) other assistance necessary to encourage the 
                improvement of teaching and learning through the 
                applications of techniques supported by scientifically 
                valid research.

                PART A--INSTITUTE FOR EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

    (a) Establishment.--There shall be in the Department an Institute 
for Education Sciences, to be administered by a Director (as described 
in section 114) and a board of directors (as described in section 116).
    (b) Mission.--
            (1) In general.--The mission of the Institute is to provide 
        national leadership in expanding fundamental knowledge and 
        understanding of education from early childhood through 
        postsecondary study, in order to provide parents, educators, 
        students, researchers, policymakers, and the general public 
        with reliable information about--
                    (A) the condition and progress of education in the 
                United States;
                    (B) educational practices that support learning and 
                improve academic achievement and educational equity for 
                all students; and
                    (C) the effectiveness of Federal and other 
                education programs.
            (2) Carrying out mission.--In carrying out the mission 
        described in paragraph (1), the Institute shall compile 
        statistics, develop products, and conduct research, 
        evaluations, and dissemination activities in areas of 
        demonstrated national need (including in technology areas) that 
        are supported by Federal funds appropriated to the Institute 
        and ensure that such activities--
                    (A) conform to high standards of quality, 
                integrity, and accuracy; and
                    (B) are objective, secular, neutral, and 
                nonideological and are free of partisan political 
                influence and racial, cultural, gender, or regional 
                bias.
    (c) Organization.--The Institute shall consist of the following:
            (1) The Office of the Director (as described in section 
        114).
            (2) The National Board for Education Sciences (as described 
        in section 116).
            (3) The Office of Knowledge Utilization (as described in 
        section 118).
            (4) The National Education Centers, which include--
                    (A) the National Center for Education Research (as 
                described in part B);
                    (B) the National Center for Education Statistics 
                (as described in part C); and
                    (C) the National Center for Education Evaluation 
                (as described in part D).

SEC. 112. FUNCTIONS.

    From funds appropriated under section 191, the Institute, directly 
or through grants, contracts, or cooperative agreements, shall--
            (1) conduct and support scientifically valid research 
        activities, including basic research and applied research, 
        statistics activities, scientifically valid education 
        evaluation, development, and dissemination;
            (2) disseminate the findings and results of scientifically 
        valid research in education;
            (3) promote the use and 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. 113. DELEGATION.

    (a) Delegation of Authority.--Notwithstanding section 412 of the 
Department of Education Organization Act (20 U.S.C. 3472), the 
Secretary shall delegate to the Director all functions for carrying out 
this title (other than administrative and support functions), except 
that--
            (1) nothing in this title or in the National Assessment of 
        Educational Progress Authorization Act shall be construed to 
        alter or diminish the role, responsibilities, or authority of 
        the National Assessment Governing Board with respect to the 
        National Assessment of Educational Progress from those 
        authorized by the National Education Statistics Act of 1994 on 
        the day before the date of enactment of this Act;
            (2) members of the National Assessment Governing Board 
        shall continue to be appointed by the Secretary;
            (3) section 302(f)(1) of the National Assessment of 
        Educational Progress Authorization Act shall apply to the 
        National Assessment Governing Board in the exercise of its 
        responsibilities under this Act;
            (4) sections 115 and 116 shall not apply to the National 
        Assessment of Educational Progress; and
            (5) sections 115 and 116 shall not apply to the National 
        Assessment Governing Board.
    (b) Other Activities.--The Secretary may assign the Institute 
responsibility for administering other activities, if those activities 
are consistent with--
            (1) the Institute's priorities, as approved by the National 
        Board for Education Sciences under section 115, and the 
        Institute's mission, as described in section 111(b); or
            (2) the Institute's mission, but only if those activities 
        do not divert the Institute's focus from activities that are 
        consistent with its priorities and mission.

SEC. 114. OFFICE OF THE DIRECTOR.

    (a) Appointment.--Except as provided in subsection (b)(2), the 
President, with the advice and consent of the Senate, shall appoint the 
Director of the Institute.
    (b) Term.--
            (1) In general.--The Director shall serve for a term of 6 
        years, beginning on the date of appointment of the Director, 
        but may be removed by the President prior to the expiration of 
        that term.
            (2) First director.--The President, without the advice and 
        consent of the Senate, may appoint the Assistant Secretary for 
        the Office of Educational Research and Improvement (as such 
        office existed  on the day before the date of enactment of this 
Act) to serve as the first Director of the Institute.
            (3) Subsequent directors.--The Board may make 
        recommendations to the President with respect to the 
        appointment of a Director under subsection (a), other than a 
        Director appointed under paragraph (2).
    (c) Pay.--The Director shall receive the rate of basic pay for 
level 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 Institute; and
            (2) coordinate and approve budgets and operating plans for 
        each of the National Education Centers for submission to the 
        Secretary.
    (f) Duties.--The duties of the Director shall include the 
following:
            (1) To propose to the Board priorities for the Institute, 
        in accordance with section 115(a).
            (2) To ensure the methodology applied in conducting 
        research, evaluation, and statistical analysis is consistent 
        with the standards for such activities under this title.
            (3) To coordinate education research and related activities 
        carried out by the Institute with such research and activities 
        carried out by other agencies within the Department and the 
        Federal Government.
            (4) To advise the Secretary on research, evaluation, and 
        statistics activities relevant to the activities of the 
        Department.
            (5) To establish necessary procedures for technical and 
        scientific peer review of the activities of the Institute, 
        consistent with section 116(b)(3).
            (6) To ensure that all participants in research conducted 
        or supported by the Institute are afforded their privacy rights 
        and other relevant protections as research subjects, in 
        accordance with section 183 of this title, section 552a of 
        title 5, United States Code, and sections 444 and 445 of the 
        General Education Provisions Act (20 U.S.C. 1232g, 1232h).
            (7) To ensure that activities conducted or supported by the 
        Institute are objective, secular, neutral, and nonideological 
        and are free of partisan political influence and racial, 
        cultural, gender, or regional bias.
            (8) To undertake initiatives and programs to increase the 
        participation of researchers and institutions that have been 
        historically underutilized in Federal education research 
        activities of the Institute, including historically Black 
        colleges or universities or other institutions of higher 
        education with large numbers of minority students.
            (9) To coordinate with the Secretary to promote and provide 
        for the coordination of research and development activities and 
        technical assistance activities between the Institute and 
        regional education laboratories and comprehensive centers.
            (10) To solicit and consider the recommendations of 
        education stakeholders, in order to ensure that there is broad 
        and regular public and professional input from the educational 
        field in the planning and carrying out of the Institute's 
        activities.
            (11) To coordinate the dissemination of information on 
        scientifically valid research.
            (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.
            (13) To carry out and support other activities consistent 
        with the priorities and mission of the Institute.
    (g) Expert Guidance and Assistance.--The Director may establish 
technical and scientific peer-review groups and scientific program 
advisory committees for research and evaluations that the Director 
determines are necessary to carry out the requirements of this title. 
The Director shall appoint such personnel, except that officers and 
employees of the United States shall comprise no more than one-fourth 
of the members of any such group or committee and shall not receive 
additional compensation for their service as members of such a group or 
committee. The Director shall ensure that reviewers are highly 
qualified and capable to appraise education research and development 
projects. The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to a peer-review group or an advisory committee established under 
this subsection.
    (h) Review.--The Director may, when requested by other officers of 
the Department or directed by the Secretary, review the products and 
publications of other offices of the Department to certify that 
evidence-based claims about those products and publications are 
scientifically valid.

SEC. 115. PRIORITIES.

    (a) Proposal.--The Director shall propose to the Board priorities 
for the Institute (taking into consideration long-term research and 
development on core issues conducted through the national research and 
development centers (as defined in section 102)). The Director shall 
identify topics that may require long-term research and topics that are 
focused on understanding and solving particular education problems and 
issues, including those associated with the goals and requirements 
established in the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) and the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), such as--
            (1) closing the achievement gap between high-performing and 
        low-performing children, especially  achievement gaps between 
minority and nonminority children and between socio-economically 
disadvantaged children and such children's more advantaged peers; and
            (2) ensuring--
                    (A) that all children have the ability to obtain a 
                high quality education and reach, at a minimum, 
                proficiency on challenging State academic achievement 
                standards and State academic assessments, particularly 
                in mathematics, science, and reading or language arts; 
                and
                    (B) educational access to, and opportunities for, 
                postsecondary education.
    (b) Approval.--The Board shall approve or disapprove the priorities 
for the Institute proposed by the Director, including any necessary 
revision of those priorities. The Board shall transmit any priorities 
so approved to the appropriate congressional committees.
    (c) Consistency.--The Board shall ensure that priorities of the 
Institute and the National Center for Education Research and the 
National Center for Education Evaluation are consistent with the 
mission of the Institute.
    (d) Public Availability and Comment.--
            (1) Priorities.--Before submitting to the Board proposed 
        priorities for the Institute, the Director shall make such 
        priorities available to the public for comment (including by 
        means of the Internet and through publishing such priorities in 
        the Federal Register). The Director shall provide to the Board 
        a copy of each such comment submitted.
            (2) Plan.--Upon approval of such priorities, the Director 
        shall make the Institute's plan for addressing such priorities 
        available for public comment in the same manner as under 
        paragraph (1).

SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.

    (a) Establishment.--The Institute shall have a board of directors, 
which shall be known as the National Board for Education Sciences.
    (b) Duties.--The duties of the Board shall be the following:
            (1) To advise and collaborate with the Director on the 
        policies of the Institute.
            (2) To consider and approve priorities proposed by the 
        Director under section 115 to guide the work of the Institute.
            (3) To review and approve procedures for technical and 
        scientific peer review of the activities of the Institute.
            (4) To advise the Director on the establishment of 
        activities to be supported by the Institute, including the 
        general areas of research to be carried out by the National 
        Center for Education Research.
            (5) To present to the Director such recommendations as it 
        may find appropriate for--
                    (A) the strengthening of education research; and
                    (B) the funding of the Institute.
            (6) To advise the Director on the funding of applications 
        for grants, contracts, and cooperative agreements for research, 
        after the completion of peer review.
            (7) To review and regularly evaluate the work of the 
        Institute, to ensure that scientifically valid research, 
        evaluation, and statistical analysis are consistent with the 
        standards for such activities under this title.
            (8) To advise the Director on ensuring that activities 
        conducted or supported by the Institute are objective, secular, 
        neutral, and nonideological and are free of partisan political 
        influence and racial, cultural, gender, or regional bias.
            (9) To solicit advice and information from those in the 
        educational field, particularly practitioners and researchers, 
        to recommend to the Director topics that require long-term, 
        sustained, systematic, programmatic, and integrated research 
        efforts, including knowledge utilization and wide dissemination 
        of research, consistent with the priorities and mission of the 
        Institute.
            (10) To advise the Director on opportunities for the 
        participation in, and the advancement of, women, minorities, 
        and persons with disabilities in education research, 
        statistics, and evaluation activities of the Institute.
            (11) To recommend to the Director ways to enhance strategic 
        partnerships and collaborative efforts among other Federal and 
        State research agencies.
            (12) To recommend to the Director individuals to serve as 
        Commissioners of the National Education Centers.
    (c) Composition.--
            (1) Voting members.--The Board shall have 15 voting members 
        appointed by the President, with the advice and consent of the 
        Senate.
            (2) Advice.--The President shall solicit advice regarding 
        individuals to serve on the Board from the National Academy of 
        Sciences, the National Science Board, and the National Science 
        Advisor.
            (3) Nonvoting ex officio members.--The Board shall have the 
        following nonvoting ex officio members:
                    (A) The Director of the Institute for Education 
                Sciences.
                    (B) Each of the Commissioners of the National 
                Education Centers.
                    (C) The Director of the National Institute of Child 
                Health and Human Development.
                    (D) The Director of the Census.
                    (E) The Commissioner of Labor Statistics.
                    (F) The Director of the National Science 
                Foundation.
            (4) Appointed membership.--
                    (A) Qualifications.--Members appointed under 
                paragraph (1) shall be highly qualified to appraise 
                education research, statistics, evaluations, or 
                development, and shall include the following 
                individuals:
                            (i) Not fewer than 8 researchers in the 
                        field of statistics, evaluation, social 
                        sciences, or hard sciences, which may include 
                        those researchers recommended by the National 
                        Academy of Sciences.
                            (ii) Individuals who are knowledgeable 
                        about the educational needs of the United 
                        States, who may include school-based 
                        professional educators, parents with experience 
                        in promoting parental involvement in education, 
                        Chief State School Officers, State 
                        postsecondary education executives, presidents 
                        of institutions of higher education, local 
                        educational agency superintendents, early 
                        childhood experts, principals, members of State 
                        or local boards of education or Bureau-funded 
                        school boards, and individuals from business 
                        and industry with experience in promoting 
                        private sector involvement in education.
                    (B) Terms.--Each member appointed under paragraph 
                (1) shall serve for a term of 4 years, except that--
                            (i) the terms of the initial members 
                        appointed under such paragraph shall (as 
                        determined by a random selection process at the 
                        time of appointment) be for staggered terms 
                        of--
                                    (I) 4 years for each of 5 members;
                                    (II) 3 years for each of 5 members; 
                                and
                                    (III) 2 years for each of 5 
                                members; and
                            (ii) no member appointed under such 
                        paragraph shall serve for more than 2 
                        consecutive terms.
                    (C) Unexpired terms.--Any member appointed to fill 
                a vacancy occurring before the expiration of the term 
                for which the member's predecessor was appointed shall 
                be appointed only for the remainder of that term.
                    (D) Conflict of interest.--A voting member of the 
                Board shall be considered a special Government employee 
                for the purposes of the Ethics in Government Act of 
                1978.
            (5) Chair.--The Board shall elect a chair from among the 
        members of the Board.
            (6) Compensation.--Members of the Board shall serve without 
        pay for such service. Members of the Board who are officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Board.
            (7) Travel expenses.--The members of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with subchapter I of chapter 57 of 
        title 5, United States Code.
            (8) Powers of the board.--
                    (A) Executive director.--The Board shall have an 
                Executive Director who shall be appointed by the Board.
                    (B) Additional staff.--The Board shall utilize such 
                additional staff as may be appointed or assigned by the 
                Executive Director, in consultation with the Chair and 
                the approval of the Director.
                    (C) Detail of personnel.--The Board may use the 
                services and facilities of any department or agency of 
                the Federal Government. Upon the request of the Board, 
                the head of any Federal department or agency may detail 
                any of the personnel of that department or agency to 
                the Board to assist the Board in carrying out this Act.
                    (D) Contracts.--The Board may enter into contracts 
                or make other arrangements as may be necessary to carry 
                out its functions.
                    (E) Information.--The Board may, to the extent 
                otherwise permitted by law, obtain directly from any 
                executive department or agency of the Federal 
                Government such information as the Board determines 
                necessary to carry out its functions.
            (9) Meetings.--The Board shall meet not less than 2 times 
        each year. The Board shall hold additional meetings at the call 
        of the chair or upon the written request of at least 6 voting 
        members of the Board.
            (10) Quorum.--A majority of the voting members of the Board 
        serving at the time of the meeting shall constitute a quorum.
    (d) Standing Committees.--
            (1) Establishment.--The Board may establish standing 
        committees--
                    (A) that will each serve 1 of the National 
                Education Centers; and
                    (B) to advise, consult with, and make 
                recommendations to the Director and the Commissioner of 
                the appropriate National Education Centers.
            (2) Membership.--A majority of the members of each standing 
        committee shall be voting members of the Board whose expertise 
is needed for the functioning of the committee. In addition, the 
membership of each standing committee may include, as appropriate--
                    (A) experts and scientists in research, statistics, 
                evaluation, or development who are recognized in their 
                discipline as highly qualified to represent such 
                discipline and who are not members of the Board, but 
                who may have been recommended by the Commissioner of 
                the appropriate National Education Center and approved 
                by the Board;
                    (B) ex officio members of the Board; and
                    (C) policymakers and expert practitioners with 
                knowledge of, and experience using, the results of 
                research, evaluation, and statistics who are not 
                members of the Board, but who may have been recommended 
                by the Commissioner of the appropriate National 
                Education Center and approved by the Board.
            (3) Duties.--Each standing committee shall--
                    (A) review and comment, at the discretion of the 
                Board or the standing committee, on any grant, 
                contract, or cooperative agreement entered into (or 
                proposed to be entered into) by the applicable National 
                Education Center;
                    (B) prepare for, and submit to, the Board an annual 
                evaluation of the operations of the applicable National 
                Education Center;
                    (C) review and comment on the relevant plan for 
                activities to be undertaken by the applicable National 
                Education Center for each fiscal year; and
                    (D) report periodically to the Board regarding the 
                activities of the committee and the applicable National 
                Education Center.
    (e) Annual Report.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees, not later than 
July 1 of each year, a report that assesses the effectiveness of the 
Institute in carrying out its priorities and mission, especially as 
such priorities and mission relate to carrying out scientifically valid 
research, conducting unbiased evaluations, 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 may be taken to 
enhance the ability of the Institute to carry out its priorities and 
mission. The Board shall submit an interim report not later than 3 
years after the date of enactment of this Act and a final report not 
later than 5 years after such date of enactment.

SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

    (a) Appointment of Commissioners.--
            (1) In general.--Except as provided in subsection (b), each 
        of the National Education Centers shall be headed by a 
        Commissioner appointed by the Director. In appointing 
        Commissioners, the Director shall seek to promote continuity in 
        leadership of the National Education Centers and shall consider 
        individuals recommended by the Board. The Director may appoint 
        a Commissioner to carry out the functions of a National 
        Education Center without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and the provisions of chapter 51 and subchapter III of 
        chapter 53 of such title relating to classification and General 
        Schedule pay rates.
            (2) Pay and qualifications.--Except as provided in 
        subsection (b), each Commissioner shall--
                    (A) receive the rate of basic pay for level IV of 
                the Executive Schedule; and
                    (B) be highly qualified in the field of education 
                research or evaluation.
            (3) Service and removal.--Except as provided in subsection 
        (b), each Commissioner shall report to the Director and may be 
        removed by the Director. A Commissioner shall serve for a 
        period of not more than 6 years, except that a Commissioner--
                    (A) may be reappointed by the Director; and
                    (B) may serve after the expiration of that 
                Commissioner's term, until a successor has been 
                appointed, for a period not to exceed one additional 
                year.
    (b) Appointment of Commissioner for Education Statistics.--The 
National Center for Education Statistics shall be headed by a 
Commissioner for Education Statistics who shall be appointed by the 
President, by and with the advice and consent of the Senate, and who 
shall--
            (1) have substantial knowledge of programs assisted by the 
        National Center for Education Statistics;
            (2) be paid in accordance with section 5315 of title 5, 
        United States Code; and 
            (3) serve for a term of 6 years, with the term to expire 
        every sixth June 21, beginning in 2003.

SEC. 118. OFFICE OF KNOWLEDGE UTILIZATION.

    (a) Establishment.--There is established within the Institute an 
Office of Knowledge Utilization.
    (b) Duties.--The Office of Knowledge Utilization shall--
            (1) disseminate information on scientifically valid 
        research, statistics, and evaluation on education--
                    (A) especially to State educational agencies and 
                local educational agencies;
                    (B) to institutions of higher education; and
                    (C) to the public, the media, voluntary 
                organizations, and other constituencies;
            (2) manage the National Library of Education described in 
        subsection (f), 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, 
        institutions of higher education, 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 Knowledge Utilization shall--
            (1) ensure that information disseminated under this section 
        is provided in a cost-effective, nonduplicative manner that 
        includes the most current research findings, including through 
        the continuation of individual clearinghouses authorized under 
        the Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (20 U.S.C. 6001 et seq.) (as such Act 
        was in effect on the day before the date of enactment of this 
        Act);
            (2) describe prominently the type of scientific evidence 
        that is used to support the findings that are disseminated;
            (3) explain clearly the scientifically appropriate and 
        inappropriate uses of--
                    (A) the findings that are disseminated; and
                    (B) the types of evidence used to support those 
                findings; and
            (4) respond, as appropriate, to inquiries from schools, 
        educators, parents, administrators, policymakers, researchers, 
        public and private entities, and entities responsible for 
        carrying out technical assistance.
    (d) Clearinghouses.--
            (1) School facilities clearinghouse.--
                    (A) In general.--The Secretary shall award a grant 
                or contract to an entity, on a competitive basis, to 
                create and maintain a clearinghouse that will collect 
                and disseminate information on effective, best 
                educational practices and the latest research studies 
                regarding kindergarten through grade 12 school 
                facilities planning, design, financing, construction, 
                operations, and maintenance.
                    (B) Duration.--The grant or contract awarded under 
                subparagraph (A) shall be for a period of 5 years.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $1,500,000 for fiscal year 2003, and such 
                sums as may be necessary for each of the 5 succeeding 
                fiscal years.
            (2) Eisenhower clearinghouse.--The Secretary shall continue 
        grants for the Eisenhower National Clearinghouse for 
        Mathematics and Science Education authorized under section 
        2102(b) of the Elementary and Secondary Education Act of 1965 
        (as such section was in effect on the day before the date of 
        enactment of the No Child Left Behind Act of 2001).
    (e) Continuation.--The Director shall continue awards for the 
support of the Educational Resources Information Center Clearinghouses 
(under section 941(f) of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (as such awards were in 
effect on the day before the date of enactment of this Act)) for the 
duration of those awards, in accordance with the terms and agreements 
of such awards.
    (f) National Library of Education.--
            (1) Establishment.--There is established within the Office 
        of Knowledge Utilization a National Library of Education that 
        shall--
                    (A) be headed by an individual who is highly 
                qualified in library science;
                    (B) collect and archive information;
                    (C) provide a central location within the Federal 
                Government for information about education;
                    (D) provide comprehensive reference services on 
                matters related to education to employees of the 
                Department of Education and its contractors and 
                grantees, other Federal employees, and members of the 
                public; and
                    (E) promote greater cooperation and resource 
                sharing among providers and repositories of education 
                information in the United States.
            (2) Information.--The information collected and archived by 
        the National Library of Education shall include--
                    (A) products and publications developed through, or 
                supported by, the Institute; and
                    (B) other relevant and useful education-related 
                research, statistics, and evaluation materials and 
                other information, projects, and publications that 
                are--
                            (i) consistent with--
                                    (I) scientifically valid research; 
                                or
                                    (II) the priorities and mission of 
                                the Institute; and
                            (ii) developed by the Department, other 
                        Federal agencies, or entities (including 
                        entities supported under the Regional 
                        Assistance Act of 2002).

SEC. 119. AGREEMENTS.

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

SEC. 120. BIENNIAL REPORT.

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

SEC. 121. COMPETITIVE AWARDS.

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

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

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

SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

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

SEC. 133. DUTIES.

    (a) General Duties.--The Research Center shall--
            (1) maintain published peer-review standards and standards 
        for the conduct and evaluation of all research and development 
        carried out under the auspices of the Research Center in 
        accordance with this part;
            (2) propose to the Director a research plan that--
                    (A) is consistent with the priorities and mission 
                of the Institute and the mission of the Research Center 
                and includes the activities described in paragraph (3); 
                and
                    (B) shall be carried out pursuant to paragraph (4) 
                and, as appropriate, be updated and modified;
            (3) carry out specific, long-term research activities that 
        are consistent with the priorities and mission of the 
        Institute, and are approved by the Director;
            (4) implement the plan proposed under paragraph (2) to 
        carry out scientifically valid research that--
                    (A) uses objective and measurable indicators, 
                including timelines, that are used to assess the 
                progress and results of such research;
                    (B) meets the procedures for peer review 
                established by the Director under section 114(f)(5) and 
                the standards of research described in section 134; and
                    (C) includes both basic research and applied 
                research, which shall include research conducted 
                through field-initiated research and shall include 
                ongoing research initiatives;
            (5) promote the use of scientifically valid research within 
        the Federal Government, including active participation in 
        interagency research projects described in section 119;
            (6) ensure that research conducted under the direction of 
        the Research Center is relevant to education practice and 
        policy;
            (7) synthesize and disseminate, through the Office of 
        Knowledge Utilization, the findings and results of education 
        research conducted or supported by the Research Center;
            (8) assist the Director in the preparation of a biennial 
        report, as described in section 120, which shall be made 
        available to the public through such means as the Internet; and
            (9) carry out research on successful State and local 
        education reform activities, as approved by the Director.
    (b) Eligibility.--Research carried out under subsection (a) through 
contracts, grants, or cooperative agreements shall be carried out only 
by recipients with the ability and capacity to conduct scientifically 
valid research.
    (c) National Research and Development Centers.--
            (1) Support.--In carrying out activities under subsection 
        (a)(3), the Director, acting through the Research Commissioner, 
        shall support not more than 15 national research and 
        development centers.
            (2) Duties of centers.--The national research and 
        development centers shall address areas of national need.
            (3) Scope.--Support for a national research and development 
        center shall be for a period of not more than 5 years, shall be 
        of sufficient size and scope to be effective, and 
        notwithstanding section 134(b), may be renewed without 
        competition for not more than 5 additional years if the 
        Director, in consultation with the Research Commissioner and 
        the Board, determines that the research of the national 
        research and development center--
                    (A) continues to address priorities of the 
                Institute; and
                    (B) merits renewal (applying the procedures and 
                standards established in section 134).
            (4) Limit.--No national research and development center may 
        be supported under this subsection for a period of more than 10 
        years without submitting to a competitive process for the award 
        of the support.
            (5) Continuation of awards.--The Director, acting through 
        the Research Commissioner, shall continue awards made to the 
        national research and development centers that are in effect on 
        the day before the date of enactment of this Act in accordance 
        with the terms of those awards and may renew them in accordance 
        with paragraphs (2) and (4).

SEC. 134. 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) Peer Review.--
            (1) In general.--The Director shall establish a peer review 
        system, involving highly qualified individuals with an in-depth 
        knowledge of the subject to be investigated, for reviewing and 
        evaluating all applications for grants and cooperative 
        agreements that exceed $100,000, and for evaluating and 
        assessing the products developed by all recipients of grants 
        and cooperative agreements under this Act.
            (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 ensure that not less than 50 percent of the funds 
made available for research for each fiscal year shall be used to fund 
long-term research programs of not less than 5 years, which support the 
priorities and mission of the Institute and the mission of the Research 
Center.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. ESTABLISHMENT.

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

SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

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

SEC. 153. DUTIES.

    (a) General Duties.--The Statistics Center shall collect, report, 
analyze, and disseminate statistical data related to education in the 
United States and in other nations, including--
            (1) collecting, acquiring, compiling (where appropriate, on 
        a State-by-State basis), and disseminating full and complete 
        statistics disaggregated by gender, by each major racial and 
        ethnic group, by English proficiency status, by students with 
        disabilities as compared to nondisabled students, and by 
        economically disadvantaged students as compared to students who 
        are not economically disadvantaged, on the condition and 
        progress of education, at the preschool, elementary, secondary, 
        postsecondary, and adult levels in the United States, including 
        data on--
                    (A) State and local education reform activities;
                    (B) student achievement in, at a minimum, the core 
                academic areas of reading, mathematics, 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 in-service professional 
                        development, including a comparison of courses 
                        taken in the core academic areas of reading, 
                        mathematics, and science with courses in non 
                        core 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;
                    (L) the availability of, and access to, before-
                school and after-school programs (including such 
                programs during school recesses); and
                    (M) student participation in and completion of 
                secondary and postsecondary vocational and technical 
                education programs by specific program area;
            (2) conducting and publishing reports on the meaning and 
        significance of the statistics described in paragraph (1);
            (3) collecting, analyzing, cross-tabulating, and reporting, 
        to the extent feasible, information by gender, race, ethnicity, 
        socioeconomic status, limited English proficiency, mobility, 
        disability, and other population characteristics, when such 
        disaggregated information will facilitate educational and 
        policy decisionmaking;
            (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities, which may include 
        assisting State educational agencies and local educational 
        agencies with the disaggregation of data;
            (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;
            (6) conducting longitudinal and special data collections 
        necessary to report on the condition and progress of education; 
        and
            (7) assisting the Director in the preparation of a biennial 
        report, as described in section 120, which shall be available 
        to the public through such means as the Internet.
    (b) Training Program.--The Statistics Commissioner may establish a 
program to train employees of public and private educational agencies, 
organizations, and institutions in the use of standard statistical 
procedures and concepts, and may establish a fellowship program to 
appoint such employees as temporary fellows at the Statistics Center, 
in order to assist the Statistics Center in carrying out its duties.

SEC. 154. PERFORMANCE OF DUTIES.

    (a) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Statistics Commissioner, may award 
grants, enter into contracts and cooperative agreements, and provide 
technical assistance.
    (b) Gathering Information.--
            (1) Sampling.--The Statistics Commissioner may use the 
        statistical method known as sampling (including random 
        sampling) to carry out this part.
            (2) Source of information.--The Statistics Commissioner 
        may, as appropriate, use information collected--
                    (A) from States, local educational agencies, public 
                and private schools, preschools, institutions of higher 
                education, vocational and adult education programs, 
                libraries, administrators, teachers, students, the 
                general public, and other individuals, organizations, 
                agencies, and institutions (including information 
                collected by States and local educational agencies for 
                their own use); and
                    (B) by other offices within the Institute and by 
                other Federal departments, agencies, and 
                instrumentalities.
            (3) Collection.--The Statistics Commissioner may--
                    (A) enter into interagency agreements for the 
                collection of statistics;
                    (B) arrange with any agency, organization, or 
                institution for the collection of statistics; and
                    (C) assign employees of the Statistics Center to 
                any such agency, organization, or institution to assist 
                in such collection.
            (4) Technical assistance and coordination.--In order to 
        maximize the effectiveness of Department efforts to serve the 
        educational needs of children and youth, the Statistics 
        Commissioner shall--
                    (A) provide technical assistance to the Department 
                offices that gather data for statistical purposes; and
                    (B) coordinate with other Department offices in the 
                collection of data.
    (c) Duration.--Notwithstanding any other provision of law, the 
grants, contracts, and cooperative agreements under this section may be 
awarded, on a competitive basis, for a period of not more than 5 years, 
and may be renewed at the discretion of the Statistics Commissioner for 
an additional period of not more than 5 years.

SEC. 155. REPORTS.

    (a) Procedures for Issuance of Reports.--The Statistics 
Commissioner, shall establish procedures, in accordance with section 
186, to ensure that the reports issued under this section are relevant, 
of high quality, useful to customers, subject to rigorous peer review, 
produced in a timely fashion, and free from any partisan political 
influence.
    (b) Report on Condition and Progress of Education.--Not later than 
June 1, 2003, and each June 1 thereafter, the Director, acting through 
the Statistics Commissioner, shall submit to the President and the 
appropriate congressional committees a statistical report on the 
condition and progress of education in the United States.
    (c) Statistical Reports.--The Statistics Commissioner shall--
            (1) issue regular and, as necessary, special statistical 
        reports on education topics, particularly in the core academic 
        areas of reading, mathematics, and science, consistent with the 
        priorities and the mission of the Statistics Center; and
            (2) inform the Director prior to the publication of the 
        reports described in paragraph (1).

SEC. 156. DISSEMINATION.

    (a) General Requests.--
            (1) In general.--The Statistics Center may furnish 
        transcripts or copies of tables and other statistical records 
        and make special statistical compilations and surveys for State 
        and local officials, public and private organizations, and 
        individuals.
            (2) Compilations.--The Statistics Center shall provide 
        State educational agencies, local educational agencies, and 
        institutions of higher education with opportunities to suggest 
        the establishment of particular compilations of statistics, 
        surveys, and analyses that will assist those educational 
        agencies.
    (b) Congressional Requests.--The Statistics Center shall furnish 
such special statistical compilations and surveys as the relevant 
congressional committees may request.
    (c) Joint Statistical Projects.--The Statistics Center may engage 
in joint statistical projects related to the mission of the Center, or 
other statistical purposes authorized by law, with nonprofit 
organizations or agencies, and the cost of such projects shall be 
shared equitably as determined by the Director.
    (d) Fees.--
            (1) In general.--Statistical compilations and surveys under 
        this section, other than those carried out pursuant to 
        subsections (b) and (c), may be made subject to the payment of 
        the actual or estimated cost of such work.
            (2) Funds received.--All funds received in payment for work 
        or services described in this subsection may be used to pay 
        directly the costs of such work or services, to repay 
        appropriations that initially bore all or part of such costs, 
        or to refund excess sums when necessary.
    (e) Access.--
            (1) Other agencies.--The Statistics Center shall, 
        consistent with section 183, cooperate with other Federal 
        agencies having a need for educational data in providing access 
        to educational data received by the Statistics Center.
            (2) Interested parties.--The Statistics Center shall, in 
        accordance with such terms and conditions as the Center may 
        prescribe, provide all interested parties, including public and 
        private agencies, parents, and other individuals, direct 
        access, in the most appropriate form (including, where 
        possible, electronically), to data collected by the Statistics 
        Center for the purposes of research and acquiring statistical 
        information.

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    The Statistics Center may establish 1 or more national cooperative 
education statistics systems for the purpose of producing and 
maintaining, with the cooperation of the States, comparable and uniform 
information and data on early childhood education, elementary and 
secondary education, postsecondary education, adult education, and 
libraries, that are useful for policymaking at the Federal, State, and 
local levels.

SEC. 158. STATE DEFINED.

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

            PART D--NATIONAL CENTER FOR EDUCATION EVALUATION

SEC. 171. ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a 
National Center for Education Evaluation (in this part referred to as 
the ``Evaluation Center'').
    (b) Mission.--The mission of the Evaluation Center shall be to 
conduct evaluations of Federal education programs administered by the 
Secretary (and as time and resources allow, other education programs) 
to determine the impact of such programs (especially on student 
academic achievement in the core academic areas of reading, 
mathematics, and science, when such achievement or areas are relevant), 
to support synthesis and wide 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 establishment of evaluation methodology, 
        the reporting of findings of evaluations to the public and 
        appropriate congressional committees, and other duties 
        essential to carrying out the mission of the Evaluation Center.
    (b) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the duties under this part, the Director, acting through the Evaluation 
Commissioner, may award grants, enter into contracts and cooperative 
agreements, and provide technical assistance.

SEC. 173. DUTIES.

    (a) Evaluation.--
            (1) In general.--In carrying out its missions, the 
        Evaluation Center may--
                    (A) evaluate the impact of Federal education 
                programs;
                    (B) support, through grants or contracts, field-
                based evaluations of State and local education 
                programs;
                    (C) examine evaluations conducted or supported by 
                others in order to determine the quality and relevance 
                of the evidence of effectiveness generated by those 
                evaluations;
                    (D) coordinate the activities of the Evaluation 
                Center with other evaluation activities in the 
                Department;
                    (E) review and, where feasible, supplement Federal 
                education program evaluations, particularly those by 
                the Department, to determine or enhance the quality and 
                relevance of the evidence generated by those 
                evaluations; and
                    (F) assist the Director in the preparation of the 
                biennial report, as described in section 120, which 
                shall be made available to the public through such 
                means as the Internet.
            (2) Additional requirements.--Each evaluation conducted by 
        the Evaluation Center pursuant to paragraph (1) shall--
                    (A) adhere to the highest possible standards of 
                quality for conducting scientifically valid education 
                evaluation; and
                    (B) be subject to rigorous peer-review.
    (b) Administration of Evaluations Under Title I of the Elementary 
and Secondary Education Act of 1965.--The Director, acting through the 
Evaluation Commissioner, consistent with the mission of the Evaluation 
Center under section 171(b), shall administer all operations and 
contracts associated with evaluations authorized by part E of title I 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 
et seq.) and administered by the Department as of the date of enactment 
of this Act.

                       PART E--GENERAL PROVISIONS

SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.

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

SEC. 182. PROHIBITIONS.

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

SEC. 183. CONFIDENTIALITY.

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

SEC. 184. AVAILABILITY OF DATA.

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

SEC. 185. PERFORMANCE MANAGEMENT.

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

SEC. 186. AUTHORITY TO PUBLISH.

    (a) Publication.--The Director may prepare and publish (including 
through oral presentation) such research, statistics, and evaluation 
information and reports from any office, board, committee, and center 
of the Institute as needed to carry out the priorities and mission of 
the Institute without the approval of the Secretary or any other office 
of the Department.
    (b) Peer Review.--All research, statistics, and evaluation reports 
conducted by, or supported through, the Institute shall be subjected to 
rigorous peer review before being published or otherwise made available 
to the public.
    (c) Items Not Covered.--Nothing in subsection (a) or (b) shall be 
construed to apply to--
            (1) information on current or proposed budgets, 
        appropriations, or legislation;
            (2) information prohibited from disclosure by law or the 
        Constitution, classified national security information, or 
        information described in section 552(b) of title 5, United 
        States Code; and
            (3) review by officers of the United States in order to 
        prevent the unauthorized disclosure of information described in 
        paragraph (1) or (2).

SEC. 187. VACANCIES.

    Any member appointed to fill a vacancy on the Board occurring 
before the expiration of the term for which the member's predecessor 
was appointed shall be appointed only for the remainder of that term. A 
vacancy in an office, board, committee, or center of the Institute 
shall be filled in the manner in which the original appointment was 
made. This section does not apply to employees appointed under section 
188.

SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

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

SEC. 189. FELLOWSHIPS.

    In order to strengthen the national capacity to carry out high-
quality research, evaluation, and statistics related to education, the 
Director shall establish and maintain research, evaluation, and 
statistics on fellowships in institutions of higher education (which 
may include the establishment of such fellowships in historically Black 
colleges and universities and other institutions of higher education 
with large numbers of minority students) that support graduate and 
postdoctoral study. In establishing the fellowships, the Director shall 
ensure that women and minorities are actively recruited for 
participation.

SEC. 190. RULEMAKING.

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

SEC. 191. 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) not less than the amount provided to the National 
        Center for Education Statistics (as such Center was in 
        existence on the day before the date of enactment of this Act) 
        for fiscal year 2002 shall be provided to the National Center 
        for Education Statistics, as authorized under part C; and
            (2) the lesser of 2 percent of such funds or $1,000,000 
        shall be made available to carry out section 116 (relating to 
        the National Board for Education Sciences).
    (b) 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. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given those 
        terms in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (2) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 203. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, DEVELOPMENT, 
              DISSEMINATION, AND TECHNICAL ASSISTANCE.

    (a) Regional Educational Laboratories.--The Director shall enter 
into contracts with public or private nonprofit entities to establish a 
networked system of 10 regional educational laboratories that serve the 
needs of each region of the United States in accordance with the 
provisions of this subsection. The amount of assistance allocated to 
each laboratory by the Director shall reflect the number of local 
educational agencies and the number of school-age children within the 
region served by such laboratory, as well as the cost of providing 
services within the geographic area encompassed by the region.
    (b) Regions.--The regions served by the regional educational 
laboratories shall be the 10 geographic regions in existence on the day 
preceding the date of the enactment of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994.
    (c) Duties.--Each regional educational laboratory receiving 
assistance under this section shall promote the implementation of 
broad-based systemic school improvement strategies and shall have as 
such laboratory's central mission and primary function to--
            (1) develop and disseminate educational research products 
        and processes to schools, teachers, local educational agencies, 
        State educational agencies, librarians, and schools funded by 
        the Bureau, as appropriate, and through such development and 
        dissemination, and provide technical assistance, to help all 
        students meet standards;
            (2) develop a plan for identifying and serving the needs of 
        the region by conducting a continuing survey of the educational 
        needs, strengths, and weaknesses within the region, including a 
        process of open hearings to solicit the views of schools, 
        teachers, administrators, parents, local educational agencies, 
        librarians, and State educational agencies within the region;
            (3) provide technical assistance to State and local 
        educational agencies, school boards, schools funded by the 
        Bureau, as appropriate, State boards of education, schools, and 
        librarians;
            (4) facilitate school restructuring at the individual 
        school level, including technical assistance for adapting model 
        demonstration grant programs to each school;
            (5) serve the educational development needs of the region 
        by providing education research in usable forms in order to 
        promote school improvement and academic achievement and to 
        correct educational deficiencies;
            (6) facilitate communication between educational experts, 
        school officials, and teachers, parents, and librarians, to 
        enable such individuals to assist schools to develop a plan to 
        meet the State education goals;
            (7) provide training in--
                    (A) the field of education research and related 
                areas;
                    (B) the use of new educational methods; and
                    (C) the use of information-finding methods, 
                practices, techniques, and products developed in 
                connection with such training for which the regional 
                educational laboratory may support internships and 
fellowships and provide stipends;
            (8) use applied educational research to assist in solving 
        site-specific problems and to assist in development activities;
            (9) conduct applied research projects designed to serve the 
        particular needs of the region only in the event that such 
        quality applied research does not exist as determined by the 
        regional education laboratory or the Department of Education;
            (10) collaborate and coordinate services with other 
        technical assistance providers funded by the Department of 
        Education;
            (11) provide support and technical assistance in--
                    (A) replicating and adapting exemplary and 
                promising practices;
                    (B) the development of high-quality, challenging 
                curriculum frameworks;
                    (C) the development of valid, reliable assessments 
                which are linked to State, local, or Bureau-funded 
                content and student performance standards and reflect 
                recent advances in the field of educational assessment;
                    (D) the improvement of professional development 
                strategies to assure that all teachers are prepared to 
                teach a challenging curriculum;
                    (E) expanding and improving the use of technology 
                in education to improve teaching and learning;
                    (F) the development of alternatives for 
                restructuring school finance systems to promote greater 
                equity in the distribution of resources; and
                    (G) the development of alternative administrative 
                structures which are more conducive to planning, 
                implementing, and sustaining school reform and improved 
                educational outcomes; and
            (12) bring teams of experts together to develop and 
        implement school improvement plans and strategies.
    (d) Networking.--In order to improve the efficiency and 
effectiveness of the regional laboratories, the governing boards of the 
regional laboratories shall establish and maintain a network to--
            (1) share information about the activities each laboratory 
        is carrying out;
            (2) plan joint activities that would meet the needs of 
        multiple regions;
            (3) create a strategic plan for the development of 
        activities undertaken by the laboratories to reduce redundancy 
        and increase collaboration and resource-sharing in such 
        activities; and
            (4) otherwise devise means by which the work of the 
        individual laboratories could serve national, as well as 
        regional, needs.
    (e) Additional Duties.--Each regional education laboratory 
receiving assistance under this subsection shall carry out the 
following activities:
            (1) Collaborate with the National Research Centers 
        (referred to in the section as ``Centers'') established under 
        title I of this Act in order to--
                    (A) maximize the use of research conducted through 
                the Centers in the work of such laboratory;
                    (B) keep the Centers apprised of the work of the 
                regional educational laboratory in the field; and
                    (C) inform the Centers about additional research 
                needs identified in the field.
            (2) Consult with the State educational agencies and library 
        agencies in the region in developing the plan for serving the 
        region.
            (3) Develop strategies to utilize schools as critical 
        components in reforming education and revitalizing rural 
        communities in the United States.
            (4) Report and disseminate information on overcoming the 
        obstacles faced by rural educators and rural schools.
            (5) Identify successful educational programs that have 
        either been developed by such laboratory in carrying out such 
        laboratory's functions or that have been developed or used by 
        others within the region served by the laboratory and make such 
        information available to the Secretary and the network of 
        regional laboratories so that such programs may be considered 
        for inclusion in the national education dissemination system.
    (f) Certain Requirements.--In carrying out its responsibilities, 
each regional educational laboratory shall--
            (1) establish a governing board that--
                    (A) reflects a balanced representation of the 
                States in the region, as well as the interests and 
                concerns of regional constituencies, and that includes 
                teachers and education researchers;
                    (B) is the sole entity that--
                            (i) guides and directs the laboratory in 
                        carrying out the provisions of this subsection 
                        and satisfying the terms and conditions of the 
                        contract award;
                            (ii) determines the regional agenda of the 
                        laboratory;
                            (iii) engages in an ongoing dialogue with 
                        the Director concerning the laboratory's goals, 
                        activities, and priorities; and
                            (iv) determines at the start of the 
                        contract period, subject to the requirements of 
                        this section and in consultation with the 
                        Director, the mission of the regional 
                        educational laboratory for the duration of the 
                        contract period;
                    (C) ensures that the regional educational 
                laboratory attains and maintains a high level of 
                quality in the laboratory's work and products;
                    (D) establishes standards to ensure that the 
                regional educational laboratory has strong and 
                effective governance, organization, management, and 
                administration, and employs qualified staff;
                    (E) directs the regional educational laboratory to 
                carry out the laboratory's duties in a  manner as will 
make progress toward achieving the State education goals and reforming 
schools and educational systems; and
                    (F) conducts a continuing survey of the educational 
                needs, strengths, and weaknesses within the region, 
                including a process of open hearings to solicit the 
                views of schools and teachers.
            (2) Allocate the regional educational laboratory's 
        resources to and within each State in a manner which reflects 
        the need for assistance, taking into account such factors as 
        the proportion of economically disadvantaged students, the 
        increased cost burden of service delivery in areas of sparse 
        populations, and any special initiatives being undertaken by 
        State, intermediate, local educational agencies, or Bureau-
        funded schools, as appropriate, which may require special 
        assistance from the laboratory.
    (g) Evaluations.--The Director shall provide for independent 
evaluations of each of the regional educational laboratories in 
carrying out the duties described in paragraph (1) in the third year 
that such laboratory receives assistance under this subsection in 
accordance with the standards developed by the Director and approved by 
the Board and shall transmit the results of such evaluations to the 
relevant committees of the Congress, the Board, and the appropriate 
regional educational laboratory board.
    (h) Invitation Regarding Competition for Awards of Assistance.--
Prior to awarding a grant or entering into a contract under this 
section, the Director shall invite applicants, including the regional 
educational laboratories in existence on the day preceding the date of 
enactment of this Act, to compete for such award through notice in the 
Federal Register and in the publication of the Department of Commerce 
known as the Commerce Business Daily.
    (i) Applications.--
            (1) Submission.--Each applicant desiring a contract as a 
        regional educational laboratory shall submit an application at 
        such time, in such manner, and containing such information as 
        the Director may reasonably require.
            (2) Plan.--Each application submitted under paragraph (1) 
        shall contain a 5-year plan for carrying out the activities 
        described in subsection (c) and addresses the needs of all 
        States (and to the extent practicable, of local educational 
        agencies) within the region served on an ongoing basis.
    (j) Awarding of Contracts.--
            (1) In general.--In awarding contracts under this section, 
        the Director shall--
                    (A) enter into contracts for a 5-year period;
                    (B) ensure that regional educational laboratories 
                awarded a contract under this section have strong and 
                effective governance, organization, management, and 
                administration, and employ qualified staff.
            (2) Coordination.--In order to ensure coordination and 
        prevent unnecessary duplication of activities among the 
        regions, the Director shall--
                    (A) share information about the activities of each 
                regional educational laboratory awarded a contract 
                under this section with each other regional educational 
                laboratories awarded a contract under this section and 
                with the Department of Education, including the 
                Director of the Institute for Education Sciences and 
                the National Board for Education Sciences;
                    (B) oversee a strategic plan for ensuring that each 
                regional educational laboratory awarded a contract 
                under this section increases collaboration and 
                resource-sharing in such activities;
                    (C) where appropriate, ensure that the activities 
                of each regional educational laboratory awarded a 
                contract under this section also serve national 
                interests; and
                    (D) ensure that each regional educational 
                laboratory awarded a contract under this section 
                coordinates such laboratory's activities with the 
                activities of each other regional technical assistance 
                providers.
            (3) Outreach.--In conducting competitions for contracts 
        under this section, the Director shall--
                    (A) actively encourage regional educational 
                laboratories to compete for such awards by making 
                widely available information and technical assistance 
                relating to the competition; and
                    (B) seek input from the chief executive officers of 
                States, chief State school officers, educators, and 
                parents regarding the need for applied research, 
                dissemination, training, technical assistance, and 
                development activities authorized by this title in the 
                regions to be served by the regional educational 
                laboratories and how those educational needs could be 
                addressed most effectively.
            (4) Objectives and indicators.--Before entering into a 
        contract under this section, the Director shall design specific 
        objectives and measurable indicators to be used to assess the 
        particular programs or initiatives, and ongoing progress and 
        performance, of the regional educational laboratories, in order 
        to ensure that the educational needs of the region are being 
        met and that the latest and best research and proven practices 
        are being carried out as part of school improvement efforts.
    (k) Activities of the Regional Educational Laboratories.--
            (1) Assessment.--A regional educational laboratory shall 
        conduct a biannual needs assessment of the region.
            (2) Regional support activities.--A regional educational 
        laboratory support applied research, development, 
        dissemination, and technical assistance activities by--
                    (A) providing training and technical assistance to 
                State departments of education and school districts 
                regarding, at a minimum--
                            (i) the administration and implementation 
                        of programs under the No Child Left Behind Act 
of 2001 (Public Law 107-110);
                            (ii) scientifically valid research in 
                        education on teaching methods and assessment 
                        tools for use by teachers and administrators 
                        in, at a minimum--
                                    (I) the core academic subjects of 
                                mathematics, science, and reading;
                                    (II) English language acquisition; 
                                and
                                    (III) education technology; and
                            (iii) the facilitation of communication 
                        between education experts, school officials, 
                        teachers, parents, and librarians, as 
                        appropriate;
                    (B) disseminating and providing scientifically 
                valid research, information, reports, and publications 
                that are usable for improving academic achievement, 
                narrowing achievement gaps, and encouraging and 
                sustaining school improvement, to--
                            (i) schools, educators, parents, and 
                        policymakers within the region in which the 
                        regional educational laboratory is located; and
                            (ii) the Office of Educational Resources 
                        and Dissemination;
                    (C) carrying out applied research projects that are 
                designed to serve the particular educational needs in 
                prekindergarten through grade 16 of the region in which 
                the regional educational laboratory is located, that 
                reflect findings from scientifically valid research, 
                and that result in user-friendly, replicable classroom 
                applications geared toward promoting increased student 
                achievement; and
                    (D) supporting development activities and 
                contributing to the current base of education knowledge 
                by addressing enduring problems in elementary and 
                secondary education and access to postsecondary 
                education.
            (2) Coordination and collaboration.--Each regional 
        educational laboratory awarded a contract under this section 
        shall coordinate its activities, collaborate, and regularly 
        exchange information with the Secretary, the Director of the 
        Institute for Education Sciences, the Office of Educational 
        Resources and Dissemination, and other appropriate entities 
        (including educational service agencies, as defined in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801)).
    (l) Rule of Construction.--No regional educational laboratory 
receiving assistance under this subsection shall, by reason of the 
receipt of that assistance, be ineligible to receive any other 
assistance from the Department of Education as authorized by law or be 
prohibited from engaging in activities involving international projects 
or endeavors.
    (m) Advance Payment System.--Each regional educational laboratory 
shall participate in the advance payment system at the Department of 
Education.
    (n) Additional Projects.--In addition to activities described in 
paragraph (3), the Director, from amounts appropriated pursuant to 
subsection (h), is authorized to enter into agreements with a regional 
educational laboratory for the purpose of carrying out additional 
projects to enable such regional educational laboratory to assist in 
efforts to achieve the State education goals and for other purposes.
    (o) Plan.--Not later than July 1 of each year, each regional 
educational laboratory shall submit to the Director a plan covering the 
succeeding fiscal year, in which such laboratory's mission, activities, 
and scope of work are described, including a general description of--
            (1) the plans such laboratory expects to submit in the 
        remaining years of such laboratory's contract; and
            (2) an assessment of how well such laboratory is meeting 
        the needs of the region.
    (p) Construction.--Nothing in this subsection shall be construed to 
require any modifications in the regional educational laboratory 
contracts in effect on the day preceding the date of enactment of this 
title.

SEC. 204. COMPREHENSIVE CENTERS.

    (a) Authorization.--The Secretary is authorized to award not less 
than 20 grants to local entities with demonstrated expertise in 
providing technical assistance and professional development to 
establish comprehensive centers.
    (b) Scope of Work.--Each comprehensive center established under 
this section shall work with local educational agencies and schools in 
the region that takes into account factors such as the proportion of 
economically disadvantaged students in the States, and gives priority 
to--
            (1) schools in the States with high percentages or numbers 
        of students from low-income families, as determined under 
        section 1113(a)(5) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in 
        rural and urban areas, and schools receiving assistance under 
        title I of that Act (20 U.S.C. 6301 et seq.);
            (2) local educational agencies in the States in which high 
        percentages or numbers of school-age children are from low-
        income families, as determined under section 1124(c)(1)(A) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6333(c)(1)(A)), including such local educational agencies in 
        rural and urban areas; and
            (3) schools in the States that have been identified for 
        school improvement under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
    (c) Activities.--
            (1) In general.--A comprehensive center established under 
        this section shall support dissemination and technical 
        assistance activities by--
                    (A) providing training and technical assistance 
                regarding, at a minimum--
                            (i) the administration and implementation 
                        of programs under the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.);
                            (ii) the use of scientifically valid 
                        teaching methods and assessment tools for use 
                        by teachers and administrators in, at a 
                        minimum--
                                    (I) the core academic subjects of 
                                mathematics, science, and reading or 
                                language arts;
                                    (II) English language acquisition; 
                                and
                                    (III) education technology; and
                            (iii) the facilitation of communication 
                        between education experts, school officials, 
                        teachers, parents, and librarians, as 
                        appropriate; and
                    (B) disseminating and providing information, 
                reports, and publications that are usable for improving 
                academic achievement, narrowing achievement gaps, and 
                encouraging and sustaining school improvement, to 
                schools, educators, parents, and policymakers within 
                the region in which the center is located.
            (2) Coordination and collaboration.--Each comprehensive 
        center established under this section shall coordinate its 
        activities, collaborate, and regularly exchange information 
        with the regional educational laboratory in the region in which 
        the center is located, the Office of Knowledge Utilization and 
        the Office of the Secretary.
    (d) Comprehensive Center Board.--
            (1) Establishment.--Each comprehensive center established 
        under this section shall have a board that shall establish the 
        priorities of such center.
            (2) Duties.--Each board established under paragraph (1) 
        shall ensure that the comprehensive center--
                    (A) addresses school improvement throughout the 
                region where the comprehensive center is located;
                    (B) targets high need school districts; and
                    (C) collaborates with other State service agencies 
                and technical assistance providers.
            (3) Composition.--
                    (A) In general.--Each board shall be composed of--
                            (i) the chief State school officers, or 
                        such officers' designees or other State 
                        officials, in each State served by the 
                        comprehensive center who has primary 
                        responsibility under State law for elementary 
                        and secondary education in the State; and
                            (ii) not more than 15 other members who are 
                        representative of the educational interests in 
                        the region served by the comprehensive center 
                        and is selected jointly by the officials 
                        specified in clause (i) and the chief executive 
                        officer of each State served by the 
                        comprehensive center, including the following:
                                    (I) Representatives of local 
                                educational agencies, including 
                                representatives of local educational 
                                agencies serving urban and rural areas.
                                    (II) Representatives of 
                                institutions of higher education.
                                    (III) Parents.
                                    (IV) Practicing educators, 
                                including classroom teachers, 
                                principals, and administrators.
                                    (V) Representatives of business.
                                    (VI) Policymakers, expert 
                                practitioners, and researchers with 
                                knowledge of, and experience using, the 
                                results of research, evaluation, and 
                                statistics.
                    (B) Special rule.--In the case of a State in which 
                the chief executive officer has the primary 
                responsibility under State law for elementary and 
                secondary education in the State, the chief executive 
                officer shall consult with the State educational agency 
                in selecting additional members of the board under 
                subparagraph (A)(i).

SEC. 205. PRIORITIES AND EVALUATIONS.

    (a) Priorities.--The Secretary may establish priorities for the 
comprehensive centers and the regional laboratories to address. The 
priorities shall directly correspond with the educational needs of the 
region.
    (b) Standards.--The Secretary shall establish standards, consistent 
with those established under section 134(a) of the Education Sciences 
Reform Act of 2002, for the conduct of research and development and the 
dissemination of scientifically based research by the regional 
entities.
    (c) Evaluations.--The Secretary shall provide for ongoing 
independent evaluations of the comprehensive centers and regional 
laboratories receiving assistance under this title, the results of 
which shall be transmitted to the appropriate congressional committees 
and the Director of the Institute for Education Sciences. Such 
evaluations shall include an analysis of the services provided under 
this title, the extent to which each of the regional educational 
laboratories meets the objectives of its respective plan, and whether 
such services meet the educational needs of State educational agencies, 
local educational agencies, and schools in the region.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $189,000,000 for fiscal year 2003 and such sums as may 
be necessary for each of the 5 succeeding fiscal years.
    (b) Limitation.--Not more than 5 percent of the funds appropriated 
under subsection (a) for a fiscal year may be used to conduct the 
evaluations required under section 205(c).

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

SEC. 301. SHORT TITLE.

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

SEC. 302. DEFINITIONS.

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

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

                    TITLE IV--AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS.

    (a) Confidentiality.--Section 408 of the National Education 
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
            (1) by striking ``center'', ``Center'', and 
        ``Commissioner'' each place any such term appears and inserting 
        ``Director'';
            (2) in subsection (a)(2)(A), by striking ``statistical 
        purpose'' and inserting ``research, statistics, or evaluation 
        purpose under this title'';
            (3) by striking subsection (b)(1) and inserting the 
        following:
            ``(1) In general.--
                    ``(A) Disclosure.--No Federal department, bureau, 
                agency, officer, or employee and no recipient of a 
                Federal grant, contract, or cooperative agreement may, 
                for any reason, require the Director, any Commissioner 
                of a National Education Center, or any other employee 
                of the Institute to disclose individually identifiable 
                information that has been collected or retained under 
                this title.
                    ``(B) Immunity.--Individually identifiable 
                information collected or retained under this title 
                shall be immune from legal process and shall not, 
                without the consent of the individual concerned, be 
                admitted as evidence or used for any purpose in any 
                action, suit, or other judicial or administrative 
                proceeding.
                    ``(C) Application.--This paragraph does not apply 
                to requests for individually identifiable information 
                submitted by or on behalf of the individual identified 
                in the information.'';
            (4) in paragraphs (2) and (6) of subsection (b), by 
        striking ``subsection (a)(2)'' each place such term appears and 
        inserting ``subsection (c)(2)'';
            (5) in paragraphs (3) and (7) of subsection (b), by 
        striking ``Center's'' each place such term appears and 
        inserting ``Director's''; and
            (6) by striking the section heading and transferring all 
        the subsections (including subsections (a) through (c)) and 
        redesignating such subsections as subsections (c) through (e), 
        respectively, at the end of section 183 of this Act.
    (b) Conforming Amendment.--Sections 302 and 303 of this Act are 
redesignated as sections 304 and 305, respectively.
    (c) National Assessment Governing Board.--Section 412 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended--
            (1) in subsection (a)--
                    (A) by striking ``referred to as the `Board''' and 
                inserting ``referred to as the `Assessment Board'''; 
                and
                    (B) by inserting ``(carried out under section 
                303)'' after ``for the National Assessment'';
            (2) by striking ``Board'' each place such term appears 
        (other than in subsection (a)) and inserting ``Assessment 
        Board'';
            (3) by striking ``Commissioner'' each place such term 
        appears and inserting ``Commissioner for Education 
        Statistics'';
            (4) in subsection (b)(2)--
                    (A) by striking ``Assistant secretary for 
                educational research'' in the heading and inserting 
                ``Director of the institute for education sciences''; 
                and
                    (B) by striking ``Assistant Secretary for 
                Educational Research and Improvement'' and inserting 
                ``Director of the Institute for Education Sciences'';
            (5) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``section 411(b)'' and inserting ``section 
                        303(b)'';
                            (ii) in subparagraph (B), by striking 
                        ``section 411(e)'' and inserting ``section 
                        303(e)'';
                            (iii) in subparagraph (E), by striking ``, 
                        including the Advisory Council established 
                        under section 407'';
                            (iv) in subparagraphs (F) and (I), by 
                        striking ``section 411'' each place such term 
                        appears and inserting ``section 303'';
                            (v) in subparagraph (H), by striking 
                        ``and'' after the semicolon;
                            (vi) in subparagraph (I), by striking the 
                        period at the end and inserting ``; and''; and
                            (vii) by inserting at the end the 
                        following:
                    ``(J) release data pertaining to the National 
                Assessment of Educational Progress.'';
                    (B) in paragraph (5), by striking ``and the 
                Advisory Council on Education Statistics''; and
                    (C) in paragraph (6), by striking ``section 
                411(e)'' and inserting ``section 303(e)''; and
            (6) by transferring and redesignating the section as 
        section 302 (following section 301) of title III of this Act.
    (d) National Assessment of Educational Progress.--Section 411 of 
the National Education Statistics Act of 1994 (20 U.S.C. 9010) is 
amended--
            (1) by striking ``Commissioner'' each place such term 
        appears and inserting ``Commissioner for Education 
        Statistics'';
            (2) by striking ``National Assessment Governing Board'' and 
        ``National Board'' each place either such term appears and 
        inserting ``Assessment Board'';
            (3) in subsection (a)--
                    (A) by striking ``section 412'' and inserting 
                ``section 302'';
                    (B) by striking ``and with the technical assistance 
                of the Advisory Council established under section 
                407,''; and
                    (C) by inserting ``(awarded by the Director, acting 
                through the Commissioner for Education Statistics)'' 
                after ``cooperative agreements'';
            (4) in subsection (b)--
                    (A) in paragraph (1), by inserting ``of'' after 
                ``academic achievement and reporting'';
                    (B) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``paragraphs 
                        (1)(B) and (1)(E)'' and inserting ``paragraphs 
                        (2)(B) and (2)(E)'';
                            (ii) in clause (ii), by striking 
                        ``paragraph (1)(C)'' and inserting ``paragraph 
                        (2)(C)''; and
                            (iii) in clause (iii), by striking 
                        ``paragraph (1)(D)'' and inserting ``paragraph 
                        (2)(D)''; and
                    (C) in paragraph (5), by striking ``(c)(2)'' and 
                inserting ``(c)(3)'';
            (5) in subsection (c)(2)(D), by striking ``subparagraph 
        (B)'' and inserting ``subparagraph (C)'';
            (6) in subsection (e)(4), by striking ``subparagraph 
        (2)(C)'' and inserting ``paragraph (2)(C) of such subsection'';
            (7) in subsection (f)(1)(B)(iv), by striking ``section 
        412(e)(4)'' and inserting ``section 302(e)(4)''; and
            (8) by transferring and redesignating the section as 
        section 303 (following section 302) of title III of this Act.
    (e) Table of Contents Amendment.--The items relating to title III 
in the table of contents of this Act, as amended by section 401 of this 
Act, are amended to read as follows:

        ``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

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

    The Department of Education Organization Act (20 U.S.C. 3401 et 
seq.) is amended--
            (1) by striking section 202(b)(4) and inserting the 
        following:
    ``(4) There shall be in the Department a Director of the Institute 
for Education Sciences who shall be appointed in accordance with 
section 114(a) of the Education Sciences Reform Act of 2002 and perform 
the duties described in that Act.'';
            (2) by striking section 208 and inserting the following:

                   ``institute for education sciences

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

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

SEC. 403. REPEALS.

    The following provisions of law are repealed:
            (1) The National Education Statistics Act of 1994 (20 
        U.S.C. 9001 et seq.).
            (2) Parts A through E and K through N of the Educational 
        Research, Development, Dissemination, and Improvement Act of 
        1994 (title IX of the Goals 2000: Educate America Act) (20 
        U.S.C. 6001 et seq.).
            (3) Section 401(b)(2) of the Department of Education 
        Organization Act (20 U.S.C. 3461(b)(2)).

SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Goals 2000: Educate America Act.--The table of contents in 
section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801 
note) is amended by striking the items relating to parts A through E of 
title  IX (including the items relating to sections within those 
parts).
    (b) Title 5, United States Code.--Section 5315 of title 5, United 
States Code, is amended by striking the following:
    ``Commissioner, National Center for Education Statistics.''.
    (c) General Education Provisions Act.--Section 447(b) of the 
General Education Provisions Act (20 U.S.C. 1232j(b)) is amended by 
striking ``section 404(a)(6) of the National Education Statistics Act 
of 1994 (20 U.S.C. 9003(a)(6))'' and inserting ``section 153(a)(5) of 
the Education Sciences Reform Act of 2002''.
    (d) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
as follows:
            (1) Section 1111(c)(2) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
            (2) Section 1112(b)(1)(F) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
            (3) Section 1117(a)(3) is amended--
                    (A) by inserting ``(as such section existed on the 
                day before the date of enactment of the Education 
                Sciences Reform Act of 2002)'' after ``Act of 1994''; 
                and
                    (B) by inserting ``regional educational 
                laboratories and comprehensive centers established 
                under the Regional Assistance Act of 2002 and'' after 
                ``assistance from''.
            (4) Section 1501(a)(3) is amended by striking ``section 411 
        of the National Education Statistics Act of 1994'' and 
        inserting ``section 303 of the National Assessment of 
        Educational Progress Authorization Act''.
            (5) The following provisions are each amended by striking 
        ``Office of Educational Research and Improvement'' and 
        inserting ``Institute for Education Sciences'':
                    (A) Section 3222(a) (20 U.S.C. 6932(a)).
                    (B) Section 3303(1) (20 U.S.C. 7013(1)).
                    (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
                    (D) Paragraphs (1) and (2) of section 5615(d) (20 
                U.S.C. 7283d(d)).
                    (E) Paragraphs (1) and (2) of section 7131(c) (20 
                U.S.C. 7451(c)).
            (6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C. 
        7253c(e)) are each amended by striking ``such Office'' and 
        inserting ``such Institute''.
            (7) Section 5613 (20 U.S.C. 7283b) is amended--
                    (A) in subsection (a)(5), by striking ``Assistant 
                Secretary of the Office of Educational Research and 
                Improvement'' and inserting ``Director of the Institute 
                for Education Sciences''; and
                    (B) in subsection (b)(2)(B), by striking ``research 
                institutes of the Office of Educational Research and 
                Improvement'' and inserting ``National Education 
                Centers of the Institute for Education Sciences''.
            (8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C. 
        7283d(d)(1), 7451(c)(1)) are each amended by striking ``by the 
        Office'' and inserting ``by the Institute''.
            (9) Section 9529(b) is amended by striking ``section 
        404(a)(6) of the National Education Statistics Act of 1994'' 
        and inserting ``section 153(a)(5) of the Education Sciences 
        Reform Act of 2002''.
    (e) School-to-Work Opportunities Act of 1994.--Section 404 of the 
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194) is amended by 
inserting ``(as such Act existed on the day before the date of 
enactment of the Education Sciences Reform Act of 2002)'' after ``Act 
of 1994''.

SEC. 405. EFFECTIVE DATE.

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

SEC. 406. SEVERABILITY.

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

SEC. 407. ORDERLY TRANSITION.

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