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






                                                       Calendar No. 750
107th CONGRESS
  2d Session
                                S. 2969

                          [Report No. 107-337]

 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

                           November 12, 2002

               Reported by Mr. Kennedy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

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

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

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

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

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

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

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

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

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

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

         <DELETED>TITLE I--EDUCATION SCIENCES REFORM</DELETED>

<DELETED>SEC. 101. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 102. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (2) Applied research.--The term ``applied 
        research'' means research--</DELETED>
                <DELETED>    (A) to gain knowledge or understanding 
                necessary for determining the means by which a 
                recognized and specific need may be met; and</DELETED>
                <DELETED>    (B) that is specifically directed to the 
                advancement of practice in the field of 
                education.</DELETED>
        <DELETED>    (3) Basic research.--The term ``basic research'' 
        means research--</DELETED>
                <DELETED>    (A) to gain fundamental knowledge or 
                understanding of phenomena and observable facts, 
                without specific application toward processes or 
                products; and</DELETED>
                <DELETED>    (B) for the advancement of knowledge in 
                the field of education.</DELETED>
        <DELETED>    (4) Board.--The term ``Board'' means the National 
        Board for Education Sciences established under section 
        116.</DELETED>
        <DELETED>    (5) Department.--The term ``Department'' means the 
        Department of Education.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Director.--The term ``Director'' means the 
        Director of the Institute for Education Sciences.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (11) Institute.--The term ``Institute'' means the 
        Institute for Education Sciences established under section 
        111.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (13) National research and development center.--
        The term ``National Research and Development Center'' means a 
        research and development center supported under section 
        133(c).</DELETED>
        <DELETED>    (14) Scientifically based research standards.--(A) 
        The term ``scientifically based research standards'' means 
        research standards that--</DELETED>
                <DELETED>    (i) apply rigorous, systematic, and 
                objective methodology to obtain reliable and valid 
                knowledge relevant to education activities and 
                programs; and</DELETED>
                <DELETED>    (ii) present findings and make claims that 
                are appropriate to and supported by the methods that 
                have been employed.</DELETED>
        <DELETED>    (B) The term includes, appropriate to the research 
        being conducted--</DELETED>
                <DELETED>    (i) employing systematic, empirical 
                methods that draw on observation or 
                experiment;</DELETED>
                <DELETED>    (ii) involving data analyses that are 
                adequate to support the general findings;</DELETED>
                <DELETED>    (iii) relying on measurements or 
                observational methods that provide reliable 
                data;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (vii) using research designs and methods 
                appropriate to the research question posed.</DELETED>
        <DELETED>    (15) Scientifically valid education evaluation.--
        The term ``scientifically valid education evaluation'' means an 
        evaluation that--</DELETED>
                <DELETED>    (A) adheres to the highest possible 
                standards of quality with respect to research design 
                and statistical analysis;</DELETED>
                <DELETED>    (B) provides an adequate description of 
                the programs evaluated and, to the extent possible, 
                examines the relationship between program 
                implementation and program impacts;</DELETED>
                <DELETED>    (C) provides an analysis of the results 
                achieved by the program with respect to its projected 
                effects;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) may study program implementation 
                through a combination of scientifically valid and 
                reliable methods.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (17) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (19) Technical assistance.--The term ``technical 
        assistance'' means--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) improved practices and 
                        classroom instruction; and</DELETED>
                        <DELETED>    (ii) improved planning, design, 
                        and administration of programs;</DELETED>
                <DELETED>    (B) assistance in interpreting, analyzing, 
                and utilizing statistics and evaluations, and</DELETED>
                <DELETED>    (C) other assistance necessary to 
                encourage the improvement of teaching and learning 
                through the applications of techniques supported by 
                scientifically valid research.</DELETED>

      <DELETED>PART A--INSTITUTE FOR EDUCATION SCIENCES</DELETED>

<DELETED>SEC. 111. ESTABLISHMENT.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Mission.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the condition and progress of 
                education in the United States;</DELETED>
                <DELETED>    (B) educational practices that support 
                learning and improve academic achievement and 
                educational equity for all students; and</DELETED>
                <DELETED>    (C) the effectiveness of Federal and other 
                education programs.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) conform to high standards of quality, 
                integrity, and accuracy; and</DELETED>
                <DELETED>    (B) are objective, secular, neutral, and 
                nonideological and are free of partisan political 
                influence and racial, cultural, gender, or regional 
                bias.</DELETED>
<DELETED>    (c) Organization.--The Institute shall consist of the 
following:</DELETED>
        <DELETED>    (1) The Office of the Director (as described in 
        section 114).</DELETED>
        <DELETED>    (2) The National Board for Education Sciences (as 
        described in section 116).</DELETED>
        <DELETED>    (3) The Office of Knowledge Utilization (as 
        described in section 118).</DELETED>
        <DELETED>    (4) The National Education Centers, which 
        include--</DELETED>
                <DELETED>    (A) the National Center for Education 
                Research (as described in part B);</DELETED>
                <DELETED>    (B) the National Center for Education 
                Statistics (as described in part C); and</DELETED>
                <DELETED>    (C) the National Center for Education 
                Evaluation (as described in part D).</DELETED>

<DELETED>SEC. 112. FUNCTIONS.</DELETED>

<DELETED>    From funds appropriated under section 191, the Institute, 
directly or through grants, contracts, or cooperative agreements, 
shall--</DELETED>
        <DELETED>    (1) conduct and support scientifically valid 
        research activities, including basic research and applied 
        research, statistics activities, scientifically valid education 
        evaluation, development, and dissemination;</DELETED>
        <DELETED>    (2) disseminate the findings and results of 
        scientifically valid research in education;</DELETED>
        <DELETED>    (3) promote the use and application of knowledge 
        gained from scientifically valid research activities;</DELETED>
        <DELETED>    (4) strengthen the national capacity to conduct 
        scientifically valid research in education; and</DELETED>
        <DELETED>    (5) promote the coordination of scientifically 
        valid research in education within the Department and the 
        Federal Government.</DELETED>

<DELETED>SEC. 113. DELEGATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) members of the National Assessment Governing 
        Board shall continue to be appointed by the 
        Secretary;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) sections 115 and 116 shall not apply to the 
        National Assessment of Educational Progress; and</DELETED>
        <DELETED>    (5) sections 115 and 116 shall not apply to the 
        National Assessment Governing Board.</DELETED>
<DELETED>    (b) Other Activities.--The Secretary may assign the 
Institute responsibility for administering other activities, if those 
activities are consistent with--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 114. OFFICE OF THE DIRECTOR.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Term.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Pay.--The Director shall receive the rate of basic pay 
for level III of the Executive Schedule.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Administration.--The Director shall--</DELETED>
        <DELETED>    (1) administer, oversee, and coordinate the 
        activities carried out under the Institute; and</DELETED>
        <DELETED>    (2) coordinate and approve budgets and operating 
        plans for each of the National Education Centers for submission 
        to the Secretary.</DELETED>
<DELETED>    (f) Duties.--The duties of the Director shall include the 
following:</DELETED>
        <DELETED>    (1) To propose to the Board priorities for the 
        Institute, in accordance with section 115(a).</DELETED>
        <DELETED>    (2) To ensure the methodology applied in 
        conducting research, evaluation, and statistical analysis is 
        consistent with the standards for such activities under this 
        title.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) To advise the Secretary on research, 
        evaluation, and statistics activities relevant to the 
        activities of the Department.</DELETED>
        <DELETED>    (5) To establish necessary procedures for 
        technical and scientific peer review of the activities of the 
        Institute, consistent with section 116(b)(3).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) To coordinate the dissemination of 
        information on scientifically valid research.</DELETED>
        <DELETED>    (12) At the discretion of the Director and in 
        consultation with the National Academy of Sciences, to conduct 
        a study to determine--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (13) To carry out and support other activities 
        consistent with the priorities and mission of the 
        Institute.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 115. PRIORITIES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) ensuring--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) educational access to, and 
                opportunities for, postsecondary education.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Public Availability and Comment.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.</DELETED>

<DELETED>    (a) Establishment.--The Institute shall have a board of 
directors, which shall be known as the National Board for Education 
Sciences.</DELETED>
<DELETED>    (b) Duties.--The duties of the Board shall be the 
following:</DELETED>
        <DELETED>    (1) To advise and collaborate with the Director on 
        the policies of the Institute.</DELETED>
        <DELETED>    (2) To consider and approve priorities proposed by 
        the Director under section 115 to guide the work of the 
        Institute.</DELETED>
        <DELETED>    (3) To review and approve procedures for technical 
        and scientific peer review of the activities of the 
        Institute.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) To present to the Director such 
        recommendations as it may find appropriate for--</DELETED>
                <DELETED>    (A) the strengthening of education 
                research; and</DELETED>
                <DELETED>    (B) the funding of the 
                Institute.</DELETED>
        <DELETED>    (6) To advise the Director on the funding of 
        applications for grants, contracts, and cooperative agreements 
        for research, after the completion of peer review.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) To recommend to the Director ways to enhance 
        strategic partnerships and collaborative efforts among other 
        Federal and State research agencies.</DELETED>
        <DELETED>    (12) To recommend to the Director individuals to 
        serve as Commissioners of the National Education 
        Centers.</DELETED>
<DELETED>    (c) Composition.--</DELETED>
        <DELETED>    (1) Voting members.--The Board shall have 15 
        voting members appointed by the President, with the advice and 
        consent of the Senate.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Nonvoting ex officio members.--The Board shall 
        have the following nonvoting ex officio members:</DELETED>
                <DELETED>    (A) The Director of the Institute for 
                Education Sciences.</DELETED>
                <DELETED>    (B) Each of the Commissioners of the 
                National Education Centers.</DELETED>
                <DELETED>    (C) The Director of the National Institute 
                of Child Health and Human Development.</DELETED>
                <DELETED>    (D) The Director of the Census.</DELETED>
                <DELETED>    (E) The Commissioner of Labor 
                Statistics.</DELETED>
                <DELETED>    (F) The Director of the National Science 
                Foundation.</DELETED>
        <DELETED>    (4) Appointed membership.--</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Terms.--Each member appointed under 
                paragraph (1) shall serve for a term of 4 years, except 
                that--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) 4 years for each of 5 
                                members;</DELETED>
                                <DELETED>    (II) 3 years for each of 5 
                                members; and</DELETED>
                                <DELETED>    (III) 2 years for each of 
                                5 members; and</DELETED>
                        <DELETED>    (ii) no member appointed under 
                        such paragraph shall serve for more than 2 
                        consecutive terms.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (5) Chair.--The Board shall elect a chair from 
        among the members of the Board.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Powers of the board.--</DELETED>
                <DELETED>    (A) Executive director.--The Board shall 
                have an Executive Director who shall be appointed by 
                the Board.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Contracts.--The Board may enter into 
                contracts or make other arrangements as may be 
                necessary to carry out its functions.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (10) Quorum.--A majority of the voting members of 
        the Board serving at the time of the meeting shall constitute a 
        quorum.</DELETED>
<DELETED>    (d) Standing Committees.--</DELETED>
        <DELETED>    (1) Establishment.--The Board may establish 
        standing committees--</DELETED>
                <DELETED>    (A) that will each serve 1 of the National 
                Education Centers; and</DELETED>
                <DELETED>    (B) to advise, consult with, and make 
                recommendations to the Director and the Commissioner of 
                the appropriate National Education Centers.</DELETED>
        <DELETED>    (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--
</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) ex officio members of the Board; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Duties.--Each standing committee shall--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) prepare for, and submit to, the Board 
                an annual evaluation of the operations of the 
                applicable National Education Center;</DELETED>
                <DELETED>    (C) review and comment on the relevant 
                plan for activities to be undertaken by the applicable 
                National Education Center for each fiscal year; 
                and</DELETED>
                <DELETED>    (D) report periodically to the Board 
                regarding the activities of the committee and the 
                applicable National Education Center.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION 
              CENTERS.</DELETED>

<DELETED>    (a) Appointment of Commissioners.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Pay and qualifications.--Except as provided in 
        subsection (b), each Commissioner shall--</DELETED>
                <DELETED>    (A) receive the rate of basic pay for 
                level IV of the Executive Schedule; and</DELETED>
                <DELETED>    (B) be highly qualified in the field of 
                education research or evaluation.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) may be reappointed by the Director; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) have substantial knowledge of programs 
        assisted by the National Center for Education 
        Statistics;</DELETED>
        <DELETED>    (2) be paid in accordance with section 5315 of 
        title 5, United States Code; and</DELETED>
        <DELETED>    (3) serve for a term of 6 years, with the term to 
        expire every sixth June 21, beginning in 2003.</DELETED>

<DELETED>SEC. 118. OFFICE OF KNOWLEDGE UTILIZATION.</DELETED>

<DELETED>    (a) Establishment.--There is established within the 
Institute an Office of Knowledge Utilization.</DELETED>
<DELETED>    (b) Duties.--The Office of Knowledge Utilization shall--
</DELETED>
        <DELETED>    (1) disseminate information on scientifically 
        valid research, statistics, and evaluation on education--
        </DELETED>
                <DELETED>    (A) especially to State educational 
                agencies and local educational agencies;</DELETED>
                <DELETED>    (B) to institutions of higher education; 
                and</DELETED>
                <DELETED>    (C) to the public, the media, voluntary 
                organizations, and other constituencies;</DELETED>
        <DELETED>    (2) manage the National Library of Education 
        described in subsection (f), and other sources of digital 
        information on education research; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Additional Duties.--In carrying out subsection (b), 
the Office of Knowledge Utilization shall--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) describe prominently the type of scientific 
        evidence that is used to support the findings that are 
        disseminated;</DELETED>
        <DELETED>    (3) explain clearly the scientifically appropriate 
        and inappropriate uses of--</DELETED>
                <DELETED>    (A) the findings that are disseminated; 
                and</DELETED>
                <DELETED>    (B) the types of evidence used to support 
                those findings; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Clearinghouses.--</DELETED>
        <DELETED>    (1) School facilities clearinghouse.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Duration.--The grant or contract 
                awarded under subparagraph (A) shall be for a period of 
                5 years.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) National Library of Education.--</DELETED>
        <DELETED>    (1) Establishment.--There is established within 
        the Office of Knowledge Utilization a National Library of 
        Education that shall--</DELETED>
                <DELETED>    (A) be headed by an individual who is 
                highly qualified in library science;</DELETED>
                <DELETED>    (B) collect and archive 
                information;</DELETED>
                <DELETED>    (C) provide a central location within the 
                Federal Government for information about 
                education;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) promote greater cooperation and 
                resource sharing among providers and repositories of 
                education information in the United States.</DELETED>
        <DELETED>    (2) Information.--The information collected and 
        archived by the National Library of Education shall include--
        </DELETED>
                <DELETED>    (A) products and publications developed 
                through, or supported by, the Institute; and</DELETED>
                <DELETED>    (B) other relevant and useful education-
                related research, statistics, and evaluation materials 
                and other information, projects, and publications that 
                are--</DELETED>
                        <DELETED>    (i) consistent with--</DELETED>
                                <DELETED>    (I) scientifically valid 
                                research; or</DELETED>
                                <DELETED>    (II) the priorities and 
                                mission of the Institute; and</DELETED>
                        <DELETED>    (ii) developed by the Department, 
                        other Federal agencies, or entities (including 
                        entities supported under the Regional 
                        Assistance Act of 2002).</DELETED>

<DELETED>SEC. 119. AGREEMENTS.</DELETED>

<DELETED>    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).</DELETED>

<DELETED>SEC. 120. BIENNIAL REPORT.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) A description of the activities carried out by 
        and through the National Education Centers during the prior 
        fiscal years.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Such additional comments, recommendations, and 
        materials as the Director considers appropriate.</DELETED>

<DELETED>SEC. 121. COMPETITIVE AWARDS.</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>PART B--NATIONAL CENTER FOR EDUCATION RESEARCH</DELETED>

<DELETED>SEC. 131. ESTABLISHMENT.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Institute 
a National Center for Education Research (in this part referred to as 
the ``Research Center'').</DELETED>
<DELETED>    (b) Mission.--The mission of the Research Center is--
</DELETED>
        <DELETED>    (1) to sponsor sustained research that will lead 
        to the accumulation of knowledge and understanding of 
        education, to--</DELETED>
                <DELETED>    (A) ensure that all children have the 
                ability to obtain a high quality education;</DELETED>
                <DELETED>    (B) improve student academic 
                achievement;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) ensure educational access and 
                opportunity for postsecondary education;</DELETED>
        <DELETED>    (2) to support the synthesis and, as appropriate, 
        the integration of education research;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) to promote scientifically valid research 
        findings that can provide the basis for improving academic 
        instruction and lifelong learning.</DELETED>

<DELETED>SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 133. DUTIES.</DELETED>

<DELETED>    (a) General Duties.--The Research Center shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) propose to the Director a research plan that--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) shall be carried out pursuant to 
                paragraph (4) and, as appropriate, be updated and 
                modified;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) implement the plan proposed under paragraph 
        (2) to carry out scientifically valid research that--</DELETED>
                <DELETED>    (A) uses objective and measurable 
                indicators, including timelines, that are used to 
                assess the progress and results of such 
                research;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) includes both basic research and 
                applied research, which shall include research 
                conducted through field-initiated research and shall 
                include ongoing research initiatives;</DELETED>
        <DELETED>    (5) promote the use of scientifically valid 
        research within the Federal Government, including active 
        participation in interagency research projects described in 
        section 119;</DELETED>
        <DELETED>    (6) ensure that research conducted under the 
        direction of the Research Center is relevant to education 
        practice and policy;</DELETED>
        <DELETED>    (7) synthesize and disseminate, through the Office 
        of Knowledge Utilization, the findings and results of education 
        research conducted or supported by the Research 
        Center;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (9) carry out research on successful State and 
        local education reform activities, as approved by the 
        Director.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) National Research and Development Centers.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Duties of centers.--The national research and 
        development centers shall address areas of national 
        need.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) continues to address priorities of the 
                Institute; and</DELETED>
                <DELETED>    (B) merits renewal (applying the 
                procedures and standards established in section 
                134).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF 
              RESEARCH.</DELETED>

<DELETED>    (a) In General.--In carrying out this part, the Director, 
acting through the Research Commissioner, shall--</DELETED>
        <DELETED>    (1) ensure that all research conducted under the 
        direction of the Research Center follows scientifically based 
        research standards;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) ensure that all research complies with Federal 
        guidelines relating to research misconduct.</DELETED>
<DELETED>    (b) Peer Review.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Evaluation.--The Director, acting through the 
        Research Commissioner, shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) evaluate the performance of each 
                recipient of an award of a research grant, contract, or 
                cooperative agreement at the conclusion of the 
                award.</DELETED>
<DELETED>    (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.</DELETED>

  <DELETED>PART C--NATIONAL CENTER FOR EDUCATION STATISTICS</DELETED>

<DELETED>SEC. 151. ESTABLISHMENT.</DELETED>

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

<DELETED>SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 153. DUTIES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) State and local education reform 
                activities;</DELETED>
                <DELETED>    (B) student achievement in, at a minimum, 
                the core academic areas of reading, mathematics, and 
                science at all levels of education;</DELETED>
                <DELETED>    (C) secondary school completions, 
                dropouts, and adult literacy and reading 
                skills;</DELETED>
                <DELETED>    (D) educational access to, and opportunity 
                for, postsecondary education, including data on 
                financial aid to postsecondary students;</DELETED>
                <DELETED>    (E) teaching, including--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (F) instruction, the conditions of the 
                education workplace, and the supply of, and demand for, 
                teachers;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the relationship between 
                        victims and perpetrators;</DELETED>
                        <DELETED>    (ii) demographic characteristics 
                        of the victims and perpetrators; and</DELETED>
                        <DELETED>    (iii) the type of weapons used in 
                        incidents, as classified in the Uniform Crime 
                        Reports of the Federal Bureau of 
                        Investigation;</DELETED>
                <DELETED>    (H) the financing and management of 
                education, including data on revenues and 
                expenditures;</DELETED>
                <DELETED>    (I) the social and economic status of 
                children, including their academic 
                achievement;</DELETED>
                <DELETED>    (J) the existence and use of educational 
                technology and access to the Internet in elementary 
                schools and secondary schools;</DELETED>
                <DELETED>    (K) educational access to, and opportunity 
                for, early childhood education;</DELETED>
                <DELETED>    (L) the availability of, and access to, 
                before-school and after-school programs (including such 
                programs during school recesses); and</DELETED>
                <DELETED>    (M) student participation in and 
                completion of secondary and postsecondary vocational 
                and technical education programs by specific program 
                area;</DELETED>
        <DELETED>    (2) conducting and publishing reports on the 
        meaning and significance of the statistics described in 
        paragraph (1);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) conducting longitudinal and special data 
        collections necessary to report on the condition and progress 
        of education; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 154. PERFORMANCE OF DUTIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Gathering Information.--</DELETED>
        <DELETED>    (1) Sampling.--The Statistics Commissioner may use 
        the statistical method known as sampling (including random 
        sampling) to carry out this part.</DELETED>
        <DELETED>    (2) Source of information.--The Statistics 
        Commissioner may, as appropriate, use information collected--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by other offices within the Institute 
                and by other Federal departments, agencies, and 
                instrumentalities.</DELETED>
        <DELETED>    (3) Collection.--The Statistics Commissioner may--
        </DELETED>
                <DELETED>    (A) enter into interagency agreements for 
                the collection of statistics;</DELETED>
                <DELETED>    (B) arrange with any agency, organization, 
                or institution for the collection of statistics; 
                and</DELETED>
                <DELETED>    (C) assign employees of the Statistics 
                Center to any such agency, organization, or institution 
                to assist in such collection.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) provide technical assistance to the 
                Department offices that gather data for statistical 
                purposes; and</DELETED>
                <DELETED>    (B) coordinate with other Department 
                offices in the collection of data.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 155. REPORTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Statistical Reports.--The Statistics Commissioner 
shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) inform the Director prior to the publication 
        of the reports described in paragraph (1).</DELETED>

<DELETED>SEC. 156. DISSEMINATION.</DELETED>

<DELETED>    (a) General Requests.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Congressional Requests.--The Statistics Center shall 
furnish such special statistical compilations and surveys as the 
relevant congressional committees may request.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Fees.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Access.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 158. STATE DEFINED.</DELETED>

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

  <DELETED>PART D--NATIONAL CENTER FOR EDUCATION EVALUATION</DELETED>

<DELETED>SEC. 171. ESTABLISHMENT.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Institute 
a National Center for Education Evaluation (in this part referred to as 
the ``Evaluation Center'').</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 173. DUTIES.</DELETED>

<DELETED>    (a) Evaluation.--</DELETED>
        <DELETED>    (1) In general.--In carrying out its missions, the 
        Evaluation Center may--</DELETED>
                <DELETED>    (A) evaluate the impact of Federal 
                education programs;</DELETED>
                <DELETED>    (B) support, through grants or contracts, 
                field-based evaluations of State and local education 
                programs;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) coordinate the activities of the 
                Evaluation Center with other evaluation activities in 
                the Department;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Additional requirements.--Each evaluation 
        conducted by the Evaluation Center pursuant to paragraph (1) 
        shall--</DELETED>
                <DELETED>    (A) adhere to the highest possible 
                standards of quality for conducting scientifically 
                valid education evaluation; and</DELETED>
                <DELETED>    (B) be subject to rigorous peer-
                review.</DELETED>
<DELETED>    (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.</DELETED>

             <DELETED>PART E--GENERAL PROVISIONS</DELETED>

<DELETED>SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.</DELETED>

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

<DELETED>SEC. 182. PROHIBITIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Federally Sponsored Testing.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 183. CONFIDENTIALITY.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 184. AVAILABILITY OF DATA.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 185. PERFORMANCE MANAGEMENT.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) Establishing and improving feedback mechanisms 
        in order to anticipate customer needs.</DELETED>
        <DELETED>    (2) Disseminating information in a timely fashion 
        and in formats that are easily accessible and usable by 
        researchers, practitioners, and the general public.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Establishing and measuring performance against 
        a set of indicators for the quality of data collected, 
        analyzed, and reported.</DELETED>
        <DELETED>    (5) Continuously improving management strategies 
        and practices.</DELETED>
        <DELETED>    (6) Making information available to the public in 
        an expeditious fashion.</DELETED>

<DELETED>SEC. 186. AUTHORITY TO PUBLISH.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Items Not Covered.--Nothing in subsection (a) or (b) 
shall be construed to apply to--</DELETED>
        <DELETED>    (1) information on current or proposed budgets, 
        appropriations, or legislation;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) review by officers of the United States in 
        order to prevent the unauthorized disclosure of information 
        described in paragraph (1) or (2).</DELETED>

<DELETED>SEC. 187. VACANCIES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the total number of such employees does not 
        exceed 30 individuals or </DELETED>\<DELETED>1/5</DELETED>\ 
        <DELETED>of the number of full-time, regular scientific or 
        professional employees of the Institute, whichever is 
        greater.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 189. FELLOWSHIPS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 190. RULEMAKING.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 191. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Availability.--Amounts made available under this 
section shall remain available until expended.</DELETED>

<DELETED>TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                          ASSISTANCE</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Regional Assistance Act 
of 2002''.</DELETED>

<DELETED>SEC. 202. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Bureau.--The term ``Bureau'' means the Bureau 
        of Indian Affairs.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.</DELETED>

<DELETED>SEC. 203. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, 
              DEVELOPMENT, DISSEMINATION, AND TECHNICAL 
              ASSISTANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) facilitate school restructuring at the 
        individual school level, including technical assistance for 
        adapting model demonstration grant programs to each 
        school;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) provide training in--</DELETED>
                <DELETED>    (A) the field of education research and 
                related areas;</DELETED>
                <DELETED>    (B) the use of new educational methods; 
                and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (8) use applied educational research to assist in 
        solving site-specific problems and to assist in development 
        activities;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (10) collaborate and coordinate services with 
        other technical assistance providers funded by the Department 
        of Education;</DELETED>
        <DELETED>    (11) provide support and technical assistance in--
        </DELETED>
                <DELETED>    (A) replicating and adapting exemplary and 
                promising practices;</DELETED>
                <DELETED>    (B) the development of high-quality, 
                challenging curriculum frameworks;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) the improvement of professional 
                development strategies to assure that all teachers are 
                prepared to teach a challenging curriculum;</DELETED>
                <DELETED>    (E) expanding and improving the use of 
                technology in education to improve teaching and 
                learning;</DELETED>
                <DELETED>    (F) the development of alternatives for 
                restructuring school finance systems to promote greater 
                equity in the distribution of resources; and</DELETED>
                <DELETED>    (G) the development of alternative 
                administrative structures which are more conducive to 
                planning, implementing, and sustaining school reform 
                and improved educational outcomes; and</DELETED>
        <DELETED>    (12) bring teams of experts together to develop 
        and implement school improvement plans and 
        strategies.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) share information about the activities each 
        laboratory is carrying out;</DELETED>
        <DELETED>    (2) plan joint activities that would meet the 
        needs of multiple regions;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) otherwise devise means by which the work of 
        the individual laboratories could serve national, as well as 
        regional, needs.</DELETED>
<DELETED>    (e) Additional Duties.--Each regional education laboratory 
receiving assistance under this subsection shall carry out the 
following activities:</DELETED>
        <DELETED>    (1) Collaborate with the National Research Centers 
        (referred to in the section as ``Centers'') established under 
        title I of this Act in order to--</DELETED>
                <DELETED>    (A) maximize the use of research conducted 
                through the Centers in the work of such 
                laboratory;</DELETED>
                <DELETED>    (B) keep the Centers apprised of the work 
                of the regional educational laboratory in the field; 
                and</DELETED>
                <DELETED>    (C) inform the Centers about additional 
                research needs identified in the field.</DELETED>
        <DELETED>    (2) Consult with the State educational agencies 
        and library agencies in the region in developing the plan for 
        serving the region.</DELETED>
        <DELETED>    (3) Develop strategies to utilize schools as 
        critical components in reforming education and revitalizing 
        rural communities in the United States.</DELETED>
        <DELETED>    (4) Report and disseminate information on 
        overcoming the obstacles faced by rural educators and rural 
        schools.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Certain Requirements.--In carrying out its 
responsibilities, each regional educational laboratory shall--
</DELETED>
        <DELETED>    (1) establish a governing board that--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) is the sole entity that--</DELETED>
                        <DELETED>    (i) guides and directs the 
                        laboratory in carrying out the provisions of 
                        this subsection and satisfying the terms and 
                        conditions of the contract award;</DELETED>
                        <DELETED>    (ii) determines the regional 
                        agenda of the laboratory;</DELETED>
                        <DELETED>    (iii) engages in an ongoing 
                        dialogue with the Director concerning the 
                        laboratory's goals, activities, and priorities; 
                        and</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (C) ensures that the regional educational 
                laboratory attains and maintains a high level of 
                quality in the laboratory's work and 
                products;</DELETED>
                <DELETED>    (D) establishes standards to ensure that 
                the regional educational laboratory has strong and 
                effective governance, organization, management, and 
                administration, and employs qualified staff;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (i) Applications.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (j) Awarding of Contracts.--</DELETED>
        <DELETED>    (1) In general.--In awarding contracts under this 
        section, the Director shall--</DELETED>
                <DELETED>    (A) enter into contracts for a 5-year 
                period;</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Coordination.--In order to ensure coordination 
        and prevent unnecessary duplication of activities among the 
        regions, the Director shall--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) where appropriate, ensure that the 
                activities of each regional educational laboratory 
                awarded a contract under this section also serve 
                national interests; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Outreach.--In conducting competitions for 
        contracts under this section, the Director shall--</DELETED>
                <DELETED>    (A) actively encourage regional 
                educational laboratories to compete for such awards by 
                making widely available information and technical 
                assistance relating to the competition; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (k) Activities of the Regional Educational Laboratories.--
</DELETED>
        <DELETED>    (1) Assessment.--A regional educational laboratory 
        shall conduct a biannual needs assessment of the 
        region.</DELETED>
        <DELETED>    (2) Regional support activities.--A regional 
        educational laboratory support applied research, development, 
        dissemination, and technical assistance activities by--
        </DELETED>
                <DELETED>    (A) providing training and technical 
                assistance to State departments of education and school 
                districts regarding, at a minimum--</DELETED>
                        <DELETED>    (i) the administration and 
                        implementation of programs under the No 
Child Left Behind Act of 2001 (Public Law 107-110);</DELETED>
                        <DELETED>    (ii) scientifically valid research 
                        in education on teaching methods and assessment 
                        tools for use by teachers and administrators 
                        in, at a minimum--</DELETED>
                                <DELETED>    (I) the core academic 
                                subjects of mathematics, science, and 
                                reading;</DELETED>
                                <DELETED>    (II) English language 
                                acquisition; and</DELETED>
                                <DELETED>    (III) education 
                                technology; and</DELETED>
                        <DELETED>    (iii) the facilitation of 
                        communication between education experts, school 
                        officials, teachers, parents, and librarians, 
                        as appropriate;</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) schools, educators, parents, 
                        and policymakers within the region in which the 
                        regional educational laboratory is located; 
                        and</DELETED>
                        <DELETED>    (ii) the Office of Educational 
                        Resources and Dissemination;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (m) Advance Payment System.--Each regional educational 
laboratory shall participate in the advance payment system at the 
Department of Education.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the plans such laboratory expects to submit in 
        the remaining years of such laboratory's contract; 
        and</DELETED>
        <DELETED>    (2) an assessment of how well such laboratory is 
        meeting the needs of the region.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 204. COMPREHENSIVE CENTERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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.);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (c) Activities.--</DELETED>
        <DELETED>    (1) In general.--A comprehensive center 
        established under this section shall support dissemination and 
        technical assistance activities by--</DELETED>
                <DELETED>    (A) providing training and technical 
                assistance regarding, at a minimum--</DELETED>
                        <DELETED>    (i) the administration and 
                        implementation of programs under the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6301 et seq.);</DELETED>
                        <DELETED>    (ii) the use of scientifically 
                        valid teaching methods and assessment tools for 
                        use by teachers and administrators in, at a 
                        minimum--</DELETED>
                                <DELETED>    (I) the core academic 
                                subjects of mathematics, science, and 
                                reading or language arts;</DELETED>
                                <DELETED>    (II) English language 
                                acquisition; and</DELETED>
                                <DELETED>    (III) education 
                                technology; and</DELETED>
                        <DELETED>    (iii) the facilitation of 
                        communication between education experts, school 
                        officials, teachers, parents, and librarians, 
                        as appropriate; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Comprehensive Center Board.--</DELETED>
        <DELETED>    (1) Establishment.--Each comprehensive center 
        established under this section shall have a board that shall 
        establish the priorities of such center.</DELETED>
        <DELETED>    (2) Duties.--Each board established under 
        paragraph (1) shall ensure that the comprehensive center--
        </DELETED>
                <DELETED>    (A) addresses school improvement 
                throughout the region where the comprehensive center is 
                located;</DELETED>
                <DELETED>    (B) targets high need school districts; 
                and</DELETED>
                <DELETED>    (C) collaborates with other State service 
                agencies and technical assistance providers.</DELETED>
        <DELETED>    (3) Composition.--</DELETED>
                <DELETED>    (A) In general.--Each board shall be 
                composed of--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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:</DELETED>
                                <DELETED>    (I) Representatives of 
                                local educational agencies, including 
                                representatives of local educational 
                                agencies serving urban and rural 
                                areas.</DELETED>
                                <DELETED>    (II) Representatives of 
                                institutions of higher 
                                education.</DELETED>
                                <DELETED>    (III) Parents.</DELETED>
                                <DELETED>    (IV) Practicing educators, 
                                including classroom teachers, 
                                principals, and 
                                administrators.</DELETED>
                                <DELETED>    (V) Representatives of 
                                business.</DELETED>
                                <DELETED>    (VI) Policymakers, expert 
                                practitioners, and researchers with 
                                knowledge of, and experience using, the 
                                results of research, evaluation, and 
                                statistics.</DELETED>
                <DELETED>    (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).</DELETED>

<DELETED>SEC. 205. PRIORITIES AND EVALUATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 206. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

        <DELETED>TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL 
                           PROGRESS</DELETED>

<DELETED>SEC. 301. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 302. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 303. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated--
</DELETED>
        <DELETED>    (1) for fiscal year 2003--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Availability.--Amounts made available under this 
section shall remain available until expended.</DELETED>

           <DELETED>TITLE IV--AMENDATORY PROVISIONS</DELETED>

<DELETED>SEC. 401. REDESIGNATIONS.</DELETED>

<DELETED>    (a) Confidentiality.--Section 408 of the National 
Education Statistics Act of 1994 (20 U.S.C. 9007) is amended--
</DELETED>
        <DELETED>    (1) by striking ``center'', ``Center'', and 
        ``Commissioner'' each place any such term appears and inserting 
        ``Director'';</DELETED>
        <DELETED>    (2) in subsection (a)(2)(A), by striking 
        ``statistical purpose'' and inserting ``research, statistics, 
        or evaluation purpose under this title'';</DELETED>
        <DELETED>    (3) by striking subsection (b)(1) and inserting 
        the following:</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (4) in paragraphs (2) and (6) of subsection (b), 
        by striking ``subsection (a)(2)'' each place such term appears 
        and inserting ``subsection (c)(2)'';</DELETED>
        <DELETED>    (5) in paragraphs (3) and (7) of subsection (b), 
        by striking ``Center's'' each place such term appears and 
        inserting ``Director's''; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Conforming Amendment.--Sections 302 and 303 of this 
Act are redesignated as sections 304 and 305, respectively.</DELETED>
<DELETED>    (c) National Assessment Governing Board.--Section 412 of 
the National Education Statistics Act of 1994 (20 U.S.C. 9011) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``referred to as the 
                `Board''' and inserting ``referred to as the 
                `Assessment Board'''; and</DELETED>
                <DELETED>    (B) by inserting ``(carried out under 
                section 303)'' after ``for the National 
                Assessment'';</DELETED>
        <DELETED>    (2) by striking ``Board'' each place such term 
        appears (other than in subsection (a)) and inserting 
        ``Assessment Board'';</DELETED>
        <DELETED>    (3) by striking ``Commissioner'' each place such 
        term appears and inserting ``Commissioner for Education 
        Statistics'';</DELETED>
        <DELETED>    (4) in subsection (b)(2)--</DELETED>
                <DELETED>    (A) by striking ``Assistant secretary for 
                educational research'' in the heading and inserting 
                ``Director of the institute for education sciences''; 
                and</DELETED>
                <DELETED>    (B) by striking ``Assistant Secretary for 
                Educational Research and Improvement'' and inserting 
                ``Director of the Institute for Education 
                Sciences'';</DELETED>
        <DELETED>    (5) in subsection (e)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``section 411(b)'' and inserting 
                        ``section 303(b)'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``section 411(e)'' and inserting 
                        ``section 303(e)'';</DELETED>
                        <DELETED>    (iii) in subparagraph (E), by 
                        striking ``, including the Advisory Council 
                        established under section 407'';</DELETED>
                        <DELETED>    (iv) in subparagraphs (F) and (I), 
                        by striking ``section 411'' each place such 
                        term appears and inserting ``section 
                        303'';</DELETED>
                        <DELETED>    (v) in subparagraph (H), by 
                        striking ``and'' after the semicolon;</DELETED>
                        <DELETED>    (vi) in subparagraph (I), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (vii) by inserting at the end the 
                        following:</DELETED>
                <DELETED>    ``(J) release data pertaining to the 
                National Assessment of Educational 
                Progress.'';</DELETED>
                <DELETED>    (B) in paragraph (5), by striking ``and 
                the Advisory Council on Education Statistics''; 
                and</DELETED>
                <DELETED>    (C) in paragraph (6), by striking 
                ``section 411(e)'' and inserting ``section 303(e)''; 
                and</DELETED>
        <DELETED>    (6) by transferring and redesignating the section 
        as section 302 (following section 301) of title III of this 
        Act.</DELETED>
<DELETED>    (d) National Assessment of Educational Progress.--Section 
411 of the National Education Statistics Act of 1994 (20 U.S.C. 9010) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``Commissioner'' each place such 
        term appears and inserting ``Commissioner for Education 
        Statistics'';</DELETED>
        <DELETED>    (2) by striking ``National Assessment Governing 
        Board'' and ``National Board'' each place either such term 
        appears and inserting ``Assessment Board'';</DELETED>
        <DELETED>    (3) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``section 412'' and 
                inserting ``section 302'';</DELETED>
                <DELETED>    (B) by striking ``and with the technical 
                assistance of the Advisory Council established under 
                section 407,''; and</DELETED>
                <DELETED>    (C) by inserting ``(awarded by the 
                Director, acting through the Commissioner for Education 
                Statistics)'' after ``cooperative 
                agreements'';</DELETED>
        <DELETED>    (4) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by inserting ``of'' 
                after ``academic achievement and reporting'';</DELETED>
                <DELETED>    (B) in paragraph (3)(A)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking 
                        ``paragraphs (1)(B) and (1)(E)'' and inserting 
                        ``paragraphs (2)(B) and (2)(E)'';</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        ``paragraph (1)(C)'' and inserting ``paragraph 
                        (2)(C)''; and</DELETED>
                        <DELETED>    (iii) in clause (iii), by striking 
                        ``paragraph (1)(D)'' and inserting ``paragraph 
                        (2)(D)''; and</DELETED>
                <DELETED>    (C) in paragraph (5), by striking 
                ``(c)(2)'' and inserting ``(c)(3)'';</DELETED>
        <DELETED>    (5) in subsection (c)(2)(D), by striking 
        ``subparagraph (B)'' and inserting ``subparagraph 
        (C)'';</DELETED>
        <DELETED>    (6) in subsection (e)(4), by striking 
        ``subparagraph (2)(C)'' and inserting ``paragraph (2)(C) of 
        such subsection'';</DELETED>
        <DELETED>    (7) in subsection (f)(1)(B)(iv), by striking 
        ``section 412(e)(4)'' and inserting ``section 302(e)(4)''; 
        and</DELETED>
        <DELETED>    (8) by transferring and redesignating the section 
        as section 303 (following section 302) of title III of this 
        Act.</DELETED>
<DELETED>    (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:</DELETED>

   <DELETED>``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

<DELETED>SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION 
              ACT.</DELETED>

<DELETED>    The Department of Education Organization Act (20 U.S.C. 
3401 et seq.) is amended--</DELETED>
        <DELETED>    (1) by striking section 202(b)(4) and inserting 
        the following:</DELETED>
<DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by striking section 208 and inserting the 
        following:</DELETED>

         <DELETED>``institute for education sciences</DELETED>

<DELETED>    ``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</DELETED>
        <DELETED>    (3) by striking the item relating to section 208 
        in the table of contents in section 1 and inserting the 
        following:</DELETED>

<DELETED>``Sec. 208. Institute for Education Sciences.''.

<DELETED>SEC. 403. REPEALS.</DELETED>

<DELETED>    The following provisions of law are repealed:</DELETED>
        <DELETED>    (1) The National Education Statistics Act of 1994 
        (20 U.S.C. 9001 et seq.).</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (3) Section 401(b)(2) of the Department of 
        Education Organization Act (20 U.S.C. 3461(b)(2)).</DELETED>

<DELETED>SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Title 5, United States Code.--Section 5315 of title 5, 
United States Code, is amended by striking the following:</DELETED>
<DELETED>    ``Commissioner, National Center for Education 
Statistics.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (3) Section 1117(a)(3) is amended--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by inserting ``regional educational 
                laboratories and comprehensive centers established 
                under the Regional Assistance Act of 2002 and'' after 
                ``assistance from''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (5) The following provisions are each amended by 
        striking ``Office of Educational Research and Improvement'' and 
        inserting ``Institute for Education Sciences'':</DELETED>
                <DELETED>    (A) Section 3222(a) (20 U.S.C. 
                6932(a)).</DELETED>
                <DELETED>    (B) Section 3303(1) (20 U.S.C. 
                7013(1)).</DELETED>
                <DELETED>    (C) Section 5464(e)(1) (20 U.S.C. 
                7253c(e)(1)).</DELETED>
                <DELETED>    (D) Paragraphs (1) and (2) of section 
                5615(d) (20 U.S.C. 7283d(d)).</DELETED>
                <DELETED>    (E) Paragraphs (1) and (2) of section 
                7131(c) (20 U.S.C. 7451(c)).</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (7) Section 5613 (20 U.S.C. 7283b) is amended--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 405. EFFECTIVE DATE.</DELETED>

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

<DELETED>SEC. 406. SEVERABILITY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 407. ORDERLY TRANSITION.</DELETED>

<DELETED>    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.).</DELETED>

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

                   TITLE I--EDUCATION SCIENCES REFORM

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

       Part A--The United States 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. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.

             Part B--National Center for Education Research

Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.

            Part C--National Center for Education Statistics

Sec. 141. Establishment.
Sec. 142. Commissioner for Education Statistics.
Sec. 143. Duties.
Sec. 144. Performance of duties.
Sec. 145. Reports.
Sec. 146. Dissemination.
Sec. 147. Cooperative education statistics systems.
Sec. 148. State defined.

            Part D--National Center for Education Evaluation

Sec. 161. Establishment.
Sec. 162. Commissioner for Education Evaluation.
Sec. 163. Duties.

     Part E--National Center for Knowledge Utilization in Education

Sec. 171. National Center for Knowledge Utilization in Education.
Sec. 172. Regional educational laboratories for research, development, 
                            dissemination, and technical assistance.

                       Part F--General Provisions

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

          TITLE II--REGIONAL EDUCATIONAL TECHNICAL ASSISTANCE

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

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.

                    TITLE IV--AMENDATORY PROVISIONS

Sec. 401. Redesignations.
Sec. 402. Amendments to department of education organization act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Effective date.
Sec. 406. 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) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs.
            (6) Comprehensive center.--The term ``comprehensive 
        center'' means a comprehensive center established under section 
        203 of the Regional Assistance Act of 2002.
            (7) Department.--The term ``Department'' means the 
        Department of Education.
            (8) Development.--The term ``development'' means the 
        systematic use of knowledge or understanding gained from the 
        findings of scientifically valid research and the shaping of 
        that knowledge or understanding into products or processes that 
        can be applied and evaluated and may prove useful in areas such 
        as the preparation of materials and new methods of instruction 
        and practices in teaching, that lead to the improvement of the 
        academic skills of students, and that are replicable in 
        different educational settings.
            (9) Director.--The term ``Director'' means the Director of 
        the United States Institute for Education Sciences.
            (10) Dissemination.--The term ``dissemination'' means the 
        communication and transfer of the results of scientifically 
        valid research, statistics, and evaluations, in forms that are 
        understandable, easily accessible, and usable, or adaptable for 
        use in, the improvement of educational practice by teachers, 
        administrators, librarians, other practitioners, researchers, 
        parents, policymakers, and the public, through publications, 
        electronic transfer, and other means.
            (11) Early childhood educator.--The term ``early childhood 
        educator'' means a person providing, or employed by a provider 
        of, nonresidential child care services (including center-based, 
        family-based, and in-home child care services) that is legally 
        operating under State law, and that complies with applicable 
        State and local requirements for the provision of child care 
        services to children at any age from birth through the age at 
        which a child may start kindergarten in that State.
            (12) Field-initiated research.--The term ``field-initiated 
        research'' means basic research or applied research in which 
        specific questions and methods of study are generated by 
        investigators (including teachers and other practitioners) and 
        that conforms to standards of scientifically valid research.
            (13) Historically black college or university.--The term 
        ``historically Black college or university'' means a part B 
        institution as defined in section 322 of the Higher Education 
        Act of 1965 (20 U.S.C. 1061).
            (14) Institute.--The term ``Institute'' means the United 
        States Institute for Education Sciences established under 
        section 111.
            (15) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (16) National research and development center.--The term 
        ``national research and development center'' means a research 
        and development center supported under section 133(c).
            (17) Provider of early childhood services.--
                    (A) In general.--The term ``provider of early 
                childhood services'' means a public or private entity 
                that has regular contact with young children.
                    (B) Inclusions.--The term ``provider of early 
                childhood services'' includes--
                            (i) child care providers;
                            (ii) Head Start agencies operating Head 
                        Start programs, and entities carrying out Early 
                        Head Start programs, under the Head Start Act 
                        (42 U.S.C. 9831 et seq.);
                            (iii) preschools;
                            (iv) kindergartens; and
                            (v) libraries.
            (18) Scientifically based research standards.--
                    (A) In general.--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) Inclusions.--The term ``scientifically based 
                research standards'' includes, appropriate to the 
                research being conducted--
                            (i) employing systematic, empirical methods 
                        that draw on observation or experiment;
                            (ii) involving data analyses that are 
                        adequate to support the general findings;
                            (iii) relying on measurements or 
                        observational methods that provide reliable 
                        data;
                            (iv) making claims of causal relationships 
                        only in random assignment experiments or other 
                        designs (to the extent such designs 
                        substantially eliminate plausible competing 
                        explanations for the obtained results);
                            (v) ensuring that studies and methods are 
                        presented in sufficient detail and clarity to 
                        allow for replication or, at a minimum, to 
                        offer the opportunity to build systematically 
                        on the findings of the research;
                            (vi) obtaining acceptance by a peer-
                        reviewed journal or approval by a panel of 
                        independent experts through a comparably 
                        rigorous, objective, and scientific review; and
                            (vii) using research designs and methods 
                        appropriate to the research question posed.
            (19) Scientifically valid education evaluation.--The term 
        ``scientifically valid education evaluation'' means an 
        evaluation that--
                    (A) adheres to the highest possible standards of 
                quality with respect to research design and statistical 
                analysis;
                    (B) provides an adequate description of the 
                programs evaluated and, to the extent possible, 
                examines the relationship between program 
                implementation and program impacts;
                    (C) provides an analysis of the results achieved by 
                the program with respect to its projected effects;
                    (D) employs experimental designs using random 
                assignment, when feasible, and other research 
                methodologies that allow for the strongest possible 
                causal inferences when random assignment is not 
                feasible; and
                    (E) may study program implementation through a 
                combination of scientifically valid and reliable 
                methods.
            (20) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied research and 
        basic research in which the rationale, design, and 
        interpretation are soundly developed in accordance with 
        scientifically based research standards.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (22) State.--The term ``State'' includes (except as 
        provided in section 148) each of the 50 States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the freely 
        associated states, and the outlying areas.
            (23) Technical assistance.--The term ``technical 
        assistance'' means--
                    (A) assistance in identifying, selecting, or 
                designing solutions based on 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--THE UNITED STATES INSTITUTE FOR EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

    (a) Establishment.--There shall be in the Department the United 
States 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, including early childhood education;
                    (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 wide dissemination activities in areas of 
        demonstrated national need (including in technology areas) that 
        are supported by Federal funds appropriated to the Institute 
        and ensure that such activities--
                    (A) conform to high standards of quality, 
                integrity, and accuracy; and
                    (B) are objective, secular, neutral, and 
                nonideological and are free of partisan political 
                influence and racial, cultural, gender, or regional 
                bias.
    (c) Organization.--The Institute shall consist of the following:
            (1) The Office of the Director (as described in section 
        114).
            (2) The National Board for Education Sciences (as described 
        in section 116).
            (3) The National Education Centers, which include--
                    (A) the National Center for Education Research (as 
                described in part B);
                    (B) the National Center for Education Statistics 
                (as described in part C);
                    (C) the National Center for Education Evaluation 
                (as described in part D); and
                    (D) the National Center for Knowledge Utilization 
                in Education (as described in part E).

SEC. 112. FUNCTIONS.

    From funds appropriated under section 192, the Institute, directly 
or through grants, contracts, or cooperative agreements, shall--
            (1) conduct and support scientifically valid research 
        activities, including basic research and applied research, 
        statistics activities, scientifically valid education 
        evaluation, development, and wide dissemination;
            (2) widely disseminate the findings and results of 
        scientifically valid research in education;
            (3) promote the use, development, and application of 
        knowledge gained from scientifically valid research activities;
            (4) strengthen the national capacity to conduct, develop, 
        and widely disseminate scientifically valid research in 
        education;
            (5) promote the coordination, development, and 
        dissemination of scientifically valid research in education 
        within the Department and the Federal Government; and
            (6) promote the use and application of research and 
        development to improve practice in the classroom.

SEC. 113. DELEGATION.

    (a) Delegation of Authority.--Notwithstanding section 412 of the 
Department of Education Organization Act (20 U.S.C. 3472), the 
Secretary shall delegate to the Director all functions for carrying out 
this title (other than administrative and support functions), except 
that--
            (1) nothing in this title or in the National Assessment of 
        Educational Progress Authorization Act (except section 
        302(e)(1)(J) of such Act) shall be construed to alter or 
        diminish the role, responsibilities, or authority of the 
        National Assessment Governing Board with respect to the 
        National Assessment of Educational Progress (including with 
        respect to the methodologies of the National Assessment of 
        Educational Progress) from those authorized by the National 
        Education Statistics Act of 1994 (20 U.S.C. 9001 et seq.) on 
        the day before the date of enactment of this Act;
            (2) members of the National Assessment Governing Board 
        shall continue to be appointed by the Secretary;
            (3) section 302(f)(1) of the National Assessment of 
        Educational Progress Authorization Act shall apply to the 
        National Assessment Governing Board in the exercise of its 
        responsibilities under this Act;
            (4) sections 115 and 116 shall not apply to the National 
        Assessment of Educational Progress; and
            (5) sections 115 and 116 shall not apply to the National 
        Assessment Governing Board.
    (b) Other Activities.--The Secretary may assign the Institute 
responsibility for administering other activities, if those activities 
are consistent with--
            (1) the Institute's priorities, as approved by the National 
        Board for Education Sciences under section 116, and the 
        Institute's mission, as described in section 111(b); or
            (2) the Institute's mission, but only if those activities 
        do not divert the Institute'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, by and with the advice and consent of the Senate, shall 
appoint the Director of the Institute.
    (b) Term.--
            (1) In general.--The Director shall serve for a term of 6 
        years, beginning on the date of appointment of the Director.
            (2) First director.--The President, without the advice and 
        consent of the Senate, may appoint the Assistant Secretary for 
        the Office of Educational Research and Improvement (as such 
        office existed on the day before the date of enactment of this 
        Act) to serve as the first Director of the Institute.
            (3) Subsequent directors.--The Board may make 
        recommendations to the President with respect to the 
        appointment of a Director under subsection (a), other than a 
        Director appointed under paragraph (2).
    (c) Pay.--The Director shall receive the rate of basic pay for 
level II of the Executive Schedule.
    (d) Qualifications.--The Director shall be selected from 
individuals who are highly qualified authorities in the fields of 
scientifically valid research, development, statistics, or evaluation 
in education, as well as management within such areas, and have a 
demonstrated capacity for sustained productivity and leadership in 
these areas.
    (e) Administration.--The Director shall--
            (1) administer, oversee, and coordinate the activities 
        carried out under the Institute, including the activities of 
        the National Education Centers; and
            (2) coordinate and approve budgets and operating plans for 
        each of the National Education Centers for submission to the 
        Secretary.
    (f) Duties.--The duties of the Director shall include the 
following:
            (1) To propose to the Board priorities for the Institute, 
        in accordance with section 115(a).
            (2) To ensure the methodology applied in conducting 
        research, development, evaluation, and statistical analysis is 
        consistent with the standards for such activities under this 
        title.
            (3) To coordinate education research and related activities 
        carried out by the Institute with such research and activities 
        carried out by other agencies within the Department and the 
        Federal Government.
            (4) To advise the Secretary on research, evaluation, and 
        statistics activities relevant to the activities of the 
        Department.
            (5) To establish necessary procedures for technical and 
        scientific peer review of the activities of the Institute, 
        consistent with section 116(b)(3).
            (6) To ensure that all participants in research conducted 
        or supported by the Institute are afforded their privacy rights 
        and other relevant protections as research subjects, in 
        accordance with section 183 of this title, section 552a of 
        title 5, United States Code, and sections 444 and 445 of the 
        General Education Provisions Act (20 U.S.C. 1232g, 1232h).
            (7) To ensure that activities conducted or supported by the 
        Institute are objective, secular, neutral, and nonideological 
        and are free of partisan political influence and racial, 
        cultural, gender, or regional bias.
            (8) To undertake initiatives and programs to increase the 
        participation of researchers and institutions that have been 
        historically underutilized in Federal education research 
        activities of the Institute, including historically Black 
        colleges or universities or other institutions of higher 
        education with large numbers of minority students.
            (9) To coordinate with the Secretary to promote and provide 
        for the coordination of research and development activities and 
        technical assistance activities between the Institute and 
        comprehensive centers.
            (10) To solicit and consider the recommendations of 
        education stakeholders, in order to ensure that there is broad 
        and regular public and professional input from the educational 
        field in the planning and carrying out of the Institute's 
        activities.
            (11) To coordinate the wide dissemination of information on 
        scientifically valid research.
            (12) To carry out and support other activities consistent 
        with the priorities and mission of the Institute.
    (g) Expert Guidance and Assistance.--The Director may establish 
technical and scientific peer-review groups and scientific program 
advisory committees for research and evaluations that the Director 
determines are necessary to carry out the requirements of this title. 
The Director shall appoint such personnel, except that officers and 
employees of the United States shall comprise no more than \1/4\ of the 
members of any such group or committee and shall not receive additional 
compensation for their service as members of such a group or committee. 
The Director shall ensure that reviewers are highly qualified and 
capable to appraise education research and development projects. The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a 
peer-review group or an advisory committee established under this 
subsection.
    (h) Review.--The Director may, when requested by other officers of 
the Department 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). 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 socioeconomically 
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 (including a high-quality early 
                childhood education) and reach, at a minimum, 
                proficiency on challenging State academic achievement 
                standards and State academic assessments, particularly 
                in mathematics, science, and reading or language arts;
                    (B) educational access to, and opportunities for, 
                postsecondary education; and
                    (C) the efficacy, impact on academic achievement, 
                and cost-effectiveness of technology use within the 
                Nation's schools.
    (b) Approval.--The Board shall approve or disapprove the priorities 
for the Institute proposed by the Director, including any necessary 
revision of those priorities. The Board shall transmit any priorities 
so approved to the appropriate congressional committees.
    (c) Consistency.--The Board shall ensure that priorities of the 
Institute and the National Education Centers are consistent with the 
mission of the Institute, except in the development, implementation, 
and release of the National Assessment of Educational Progress.
    (d) Public Availability and Comment.--
            (1) Priorities.--Before submitting to the Board proposed 
        priorities for the Institute, the Director shall make such 
        priorities available to the public for comment for not less 
        than 60 days (including by means of the Internet and through 
        publishing such priorities in the Federal Register). The 
        Director shall provide to the Board a copy of each such comment 
        submitted.
            (2) Plan.--Upon approval of such priorities, the Director 
        shall make the Institute's plan for addressing such priorities 
        available for public comment in the same manner as under 
        paragraph (1).

SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.

    (a) Establishment.--The Institute shall have a board of directors, 
which shall be known as the National Board for Education Sciences.
    (b) Duties.--The duties of the Board shall be the following:
            (1) To advise and 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, 
        development, evaluation, and statistical analysis are 
        consistent with the standards for such activities under this 
        title.
            (8) To advise the Director on ensuring that activities 
        conducted or supported by the Institute are objective, secular, 
        neutral, and nonideological and are free of partisan political 
        influence and racial, cultural, gender, or regional bias.
            (9) To solicit advice and information from those in the 
        educational field, particularly practitioners and researchers, 
        to recommend to the Director topics that require long-term, 
        sustained, systematic, programmatic, and integrated research 
        efforts, including knowledge utilization and wide dissemination 
        of research, consistent with the priorities and mission of the 
        Institute.
            (10) To advise the Director on opportunities for the 
        participation in, and the advancement of, women, minorities, 
        and persons with disabilities in education research, 
        statistics, and evaluation activities of the Institute.
            (11) To recommend to the Director ways to enhance strategic 
        partnerships and collaborative efforts among other Federal and 
        State research agencies.
            (12) To recommend to the Director individuals to serve as 
        Commissioners of the National Education Centers.
    (c) Composition.--
            (1) Voting members.--The Board shall have 15 voting members 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Advice.--The President shall solicit advice regarding 
        individuals to serve on the Board from the National Academy of 
        Sciences, the National Science Board, and the National Science 
        Advisor.
            (3) Nonvoting ex officio members.--The Board shall have the 
        following nonvoting ex officio members:
                    (A) The Director of the United States 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 physical and biological sciences, 
which may include those researchers recommended by the National Academy 
of Sciences.
                            (ii) Individuals who are knowledgeable 
                        about the educational needs of the United 
                        States, who may include school-based 
                        professional educators, parents 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 not less than 6 
        voting members of the Board. Meetings of the Board shall be 
        open to the public.
            (10) Quorum.--A majority of the voting members of the Board 
        serving at the time of the meeting shall constitute a quorum.
    (d) Standing Committees.--
            (1) Establishment.--The Board may establish standing 
        committees--
                    (A) that will each serve 1 of the National 
                Education Centers; and
                    (B) to advise, consult with, and make 
                recommendations to the Director and the Commissioner of 
                the appropriate National Education 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, collecting and reporting 
accurate education statistics, and translating research into practice.
    (f) Recommendations.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees a report that 
includes any recommendations regarding any actions that may be taken to 
enhance the ability of the Institute to carry out its priorities and 
mission. The Board shall submit an interim report not later than 3 
years after the date of enactment of this Act and a final report not 
later than 5 years after such date of enactment.

SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

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

SEC. 118. AGREEMENTS.

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

SEC. 119. BIENNIAL REPORT.

    The Director shall, on a biennial basis, transmit to the President, 
the Board, and the appropriate congressional committees, and make 
widely available to the public (including by means of the Internet), a 
report containing the following:
            (1) A description of the activities carried out by and 
        through the National Education Centers during the prior fiscal 
        years.
            (2) A summary of each grant, contract, and cooperative 
        agreement in excess of $100,000 funded through the National 
        Education Centers during the prior fiscal years, including, at 
        a minimum, the amount, duration, recipient, 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. 120. COMPETITIVE AWARDS.

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

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

    (a) Establishment.--There is established in the Institute a 
National Center for Education Research (in this part referred to as the 
``Research Center'').
    (b) Mission.--The mission of the Research Center is--
            (1) to sponsor sustained research that will lead to the 
        accumulation of knowledge and understanding of education, to--
                    (A) ensure that all children have access to a high-
                quality education;
                    (B) improve student academic achievement, including 
                through the use of educational technology;
                    (C) close the achievement gap between high-
                performing and low-performing students through the 
                improvement of teaching and learning of reading, 
                writing, mathematics, science, and other academic 
                subjects;
                    (D) ensure educational access and opportunity for 
                postsecondary education; and
                    (E) ensure that educational institutions are free 
                of violence, promote students' development of positive 
                character traits, and enhance skills and knowledge in 
                areas that are important to the requirements of 
                citizenship in a constitutional democracy;
            (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 118;
            (6) ensure that research conducted under the direction of 
        the Research Center is relevant to education practice and 
        policy;
            (7) synthesize and disseminate, through the National Center 
        for Knowledge Utilization in Education, the findings and 
        results of education research conducted or supported by the 
        Research Center;
            (8) assist the Director in the preparation of a biennial 
        report, as described in section 119, which shall be made 
        available to the public through such means as the Internet;
            (9) carry out research on successful State and local 
        education reform activities, as approved by the Director;
            (10) carry out research initiatives regarding the impact of 
        technology, including--
                    (A) research into how technology affects student 
                achievement;
                    (B) long-term research into cognition and learning 
                issues as they relate to the uses of technology;
                    (C) applied research and development aimed at 
                developing innovative approaches to the application of 
                technology in education that are unlikely to originate 
                from within the private sector, but which could result 
                in the development of new forms of education software, 
                education content, and technology-enabled pedagogy;
                    (D) rigorous, peer-reviewed, large-scale, long-
                term, and broadly applicable empirical research that is 
                designed to determine which approaches to the use of 
                technology are most effective and cost-efficient in 
                practice and under what conditions;
                    (E) field-based research on how teachers implement 
                technology and Internet-based resources in the 
                classroom, including an understanding of how such 
                resources are being accessed and put to use and the 
                effectiveness of such resources; and
                    (F) development of teacher and school leader 
                inservice and preservice training models that 
                illustrate best practices in the use of technology in 
                different content areas; and
            (11) carry out research that is rigorous, peer-reviewed, 
        and large scale to determine which models of mathematics and 
        science teaching are most effective, cost efficient, and able 
        to be applied, duplicated, and scaled up for use in elementary 
        and secondary classrooms, including in low-performing schools, 
        to improve the teaching and student achievement levels of 
        mathematics and science as required under the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
    (b) Eligibility.--Research carried out under subsection (a) through 
contracts, grants, or cooperative agreements shall be carried out only 
by recipients with the ability and capacity to conduct scientifically 
valid research.
    (c) National Research and Development Centers.--
            (1) Support.--In carrying out activities under subsection 
        (a)(3), the Research Commissioner shall support not more than 
        15 national research and development centers, including those 
        listed in paragraph (2).
            (2) Composition.--The Research Commissioner shall support 
        the following:
                    (A) An Adult Literacy Center.
                    (B) An Assessment, Standards, and Accountability 
                Research Center.
                    (C) An Early Childhood Development and Education 
                Center.
                    (D) An English Language Learners Research Center.
                    (E) A Center for Improving Low Achieving Schools.
                    (F) A Center on Innovation in Education Reform.
                    (G) A State and Local Policy Center.
                    (H) A Center on Postsecondary Education and 
                Training.
                    (I) A Center on Rural Education.
                    (J) A Center on Teacher Quality.
            (3) Duties of centers.--The national research and 
        development centers shall address areas of national need, 
        including in technology areas. The research carried out by the 
        centers shall incorporate the potential or existing role of 
        educational technology, where appropriate, in achieving the 
        goals of each center.
            (4) Scope.--Support for a national research and development 
        center shall be for a period of not more than 5 years, shall be 
        of sufficient size and scope to be effective, and 
        notwithstanding section 134(b), may be renewed without 
        competition for not more than 5 additional years if the 
        Director, in consultation with the Research Commissioner and 
        the Board, determines that the research of the national 
        research and development center--
                    (A) continues to address priorities of the 
                Institute; and
                    (B) merits renewal (applying the procedures and 
                standards established in section 134).
            (5) Limit.--No national research and development center may 
        be supported under this subsection for a period of more than 10 
        years without submitting to a competitive process for the award 
        of the support.
            (6) Continuation of awards.--The Director shall continue 
        awards made to the national research and development centers 
        that are in effect on the day before the date of enactment of 
        this Act in accordance with the terms of those awards and may 
        renew them in accordance with paragraphs (4) and (5).
            (7) Disaggregation.--To the extent feasible, research 
        conducted under this subsection shall be disaggregated by age, 
race, gender, and socioeconomic background.
            (8) Technology.--Each Center that receives support under 
        this subsection shall use technology, where appropriate.

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

    (a) In General.--In carrying out this part, the Research 
Commissioner shall--
            (1) ensure that all research conducted under the direction 
        of the Research Center follows scientifically based research 
        standards;
            (2) develop such other standards as may be necessary to 
        govern the conduct and evaluation of all research, development, 
        and wide dissemination activities carried out by the Research 
        Center to assure that such activities meet the highest 
        standards of professional excellence;
            (3) review the procedures utilized by the National 
        Institutes of Health, the National Science Foundation, and 
        other Federal departments or agencies engaged in research and 
        development, and actively solicit recommendations from research 
        organizations and members of the general public in the 
        development of the standards described in paragraph (2); and
            (4) ensure that all research complies with Federal 
        guidelines relating to research misconduct.
    (b) Peer Review.--
            (1) In general.--The Director shall establish a peer review 
        system, involving highly qualified individuals with an in-depth 
        knowledge of the subject to be investigated, for reviewing and 
        evaluating all applications for grants and cooperative 
        agreements that exceed $100,000, and for evaluating and 
        assessing the products developed by all recipients of grants 
        and cooperative agreements under this Act.
            (2) Evaluation.--The Research Commissioner shall--
                    (A) develop the procedures to be used in evaluating 
                applications for research grants, cooperative 
                agreements, and contracts, and specify the criteria and 
                factors (including, as applicable, the use of 
                longitudinal data linking test scores, enrollment, and 
                graduation rates over time) which shall be considered 
                in making such evaluations; and
                    (B) evaluate the performance of each recipient of 
                an award of a research grant, contract, or cooperative 
                agreement at the conclusion of the award.
    (c) Long-Term Research.--The Research Commissioner shall ensure 
that not less than 50 percent of the funds made available for research 
for each fiscal year shall be used to fund long-term research programs 
of not less than 5 years, which support the priorities and mission of 
the Institute and the mission of the Research Center.

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 141. 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. 142. COMMISSIONER FOR EDUCATION STATISTICS.

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

SEC. 143. DUTIES.

    (a) General Duties.--The Statistics Center shall collect, report, 
analyze, and disseminate statistical data related to education in the 
United States and in other nations, including--
            (1) collecting, acquiring, compiling (where appropriate, on 
        a State-by-State basis), and disseminating full and complete 
        statistics (disaggregated by the population characteristics 
        described in paragraph (3)) on the condition and progress of 
        education, at the preschool, elementary, secondary, 
        postsecondary, and adult levels in the United States, including 
        data on--
                    (A) State and local education reform activities;
                    (B) State and local early childhood school 
                readiness activities;
                    (C) student achievement in, at a minimum, the core 
                academic areas of reading, mathematics, and science at 
                all levels of education;
                    (D) secondary school completions, dropouts, and 
                adult literacy and reading skills;
                    (E) educational access to, and opportunity for, 
                postsecondary education, including data on financial 
                aid to postsecondary students;
                    (F) teaching, including--
                            (i) data on in-service professional 
                        development, including a comparison of courses 
                        taken in the core academic areas of reading, 
                        mathematics, and science with courses in 
                        noncore academic areas, including technology 
                        courses; and
                            (ii) the percentage of teachers who are 
                        highly qualified (as such term is defined in 
                        section 9101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801)) in each 
                        State and, where feasible, in each local 
                        educational agency and school;
                    (G) instruction, the conditions of the education 
                workplace, and the supply of, and demand for, teachers;
                    (H) the incidence, frequency, seriousness, and 
                nature of violence affecting students, school 
                personnel, and other individuals participating in 
                school activities, as well as other indices of school 
                safety, including information regarding--
                            (i) the relationship between victims and 
                        perpetrators;
                            (ii) demographic characteristics of the 
                        victims and perpetrators; and
                            (iii) the type of weapons used in 
                        incidents, as classified in the Uniform Crime 
                        Reports of the Federal Bureau of Investigation;
                    (I) the financing and management of education, 
                including data on revenues and expenditures;
                    (J) the social and economic status of children, 
                including their academic achievement;
                    (K) the existence and use of educational technology 
                and access to the Internet by students and teachers in 
                elementary schools and secondary schools;
                    (L) educational access to, and opportunity for, 
                early childhood education;
                    (M) the availability of, and access to, before-
                school and after-school programs (including such 
                programs during school recesses);
                    (N) student participation in and completion of 
                secondary and postsecondary vocational and technical 
                education programs by specific program area; and
                    (O) the existence and use of school libraries;
            (2) conducting and publishing reports on the meaning and 
        significance of the statistics described in paragraph (1);
            (3) collecting, analyzing, cross-tabulating, and reporting, 
        to the extent feasible, information by gender, race, ethnicity, 
        socioeconomic status, limited English proficiency, mobility, 
        disability, urban, rural, suburban districts, and other 
        population characteristics, when such disaggregated information 
        will facilitate educational and policy decisionmaking;
            (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities, which may include 
        assisting State educational agencies and local educational 
        agencies with the disaggregation of data and with the 
        development of longitudinal student data systems;
            (5) determining standards and guidelines to assist State 
        educational agencies in developing statewide longitudinal 
        systems to track individual student progress, ensure 
        interoperability across States, protect student privacy, and 
        facilitate research to improve student academic achievement;
            (6) acquiring and disseminating data on educational 
        activities and student achievement (such as the Third 
        International Math and Science Study) in the United States 
        compared with foreign nations;
            (7) conducting longitudinal and special data collections 
        necessary to report on the condition and progress of education;
            (8) assisting the Director in the preparation of a biennial 
        report, as described in section 119, which shall be available 
        to the public through such means as the Internet; and
            (9) determining, in consultation with the National Research 
        Council of the National Academies, methodology by which States 
        may accurately measure graduation rates (defined as the 
        percentage of students who graduate from secondary school with 
        a regular diploma in the standard number of years), school 
        completion rates, and dropout rates.
    (b) Training Program.--The Statistics Commissioner may establish a 
program to train employees of public and private educational agencies, 
organizations, and institutions in the use of standard statistical 
procedures and concepts, and may establish a fellowship program to 
appoint such employees as temporary fellows at the Statistics Center, 
in order to assist the Statistics Center in carrying out its duties.

SEC. 144. 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. 145. REPORTS.

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

SEC. 146. 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. 147. 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. 148. 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. 161. 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--
            (1) to conduct evaluations of Federal education programs 
        administered by the Secretary (and as time and resources allow, 
        other education programs);
            (2) to determine the impact of such programs, particularly 
        on student academic achievement in the core academic areas of 
        reading, mathematics, and science, when such achievement or 
        areas are relevant;
            (3) to support synthesis and wide dissemination of results 
        of evaluation research; and
            (4) to encourage the use of scientifically valid education 
        evaluation throughout the United States.

SEC. 162. 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 may award grants, enter into 
contracts and cooperative agreements, and provide technical assistance.

SEC. 163. 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 119, 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 Evaluation Commissioner, 
consistent with the mission of the Evaluation Center under section 
161(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--NATIONAL CENTER FOR KNOWLEDGE UTILIZATION IN EDUCATION

SEC. 171. NATIONAL CENTER FOR KNOWLEDGE UTILIZATION IN EDUCATION.

    (a) Establishment.--
            (1) In general.--There is established in the Institute a 
        National Center for Knowledge Utilization in Education.
            (2) Composition.--The National Center for Knowledge 
        Utilization in Education shall include--
                    (A) the regional educational laboratories described 
                in section 172;
                    (B) the National Library of Education described in 
                subsection (e); and
                    (C) the Educational Resources Information Center.
    (b) Commissioner.--The National Center for Knowledge Utilization in 
Education shall be headed by a Commissioner for Knowledge Utilization 
in Education (in this part referred to as the ``Knowledge Utilization 
Commissioner'') who is highly qualified and shall--
            (1) disseminate information on scientifically valid 
        research, statistics, and evaluation on education--
                    (A) particularly to State educational agencies and 
                local educational agencies;
                    (B) to institutions of higher education; and
                    (C) to the public, the media, voluntary 
                organizations, professional associations, and other 
                constituencies;
            (2) make such information accessible in a user-friendly, 
        timely, and efficient manner (including through use of a 
        searchable Internet-based online database) to schools, 
        institutions of higher education, educators (including early 
        childhood educators), parents, administrators, policymakers, 
        researchers, public and private entities (including providers 
        of early childhood services), entities responsible for carrying 
        out technical assistance through the Department, and the 
        general public;
            (3) support the regional educational laboratories in 
        conducting applied research, the development and dissemination 
        of educational research, products and processes, the provision 
        of technical assistance, and other activities to serve the 
        educational needs of such laboratories' regions;
            (4) manage the National Library of Education described in 
        subsection (e), and other sources of digital information on 
        education research; and
            (5) assist the Director in the preparation of a biennial 
        report, described in section 119, which shall be made available 
        to the public through such means as the Internet.
    (c) Additional Duties.--In carrying out subsection (b), the 
National Center for Knowledge Utilization in Education 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--
                    (A) support of the Educational Resources 
                Information Center and such Center's component 
                entities; and
                    (B) the support of clearinghouses to address, at a 
                minimum, those topics covered by the Educational 
                Resources Information Center Clearinghouses continued 
                under subsection (d).
            (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) Continuation.--The Director shall continue awards for the 
support of the Educational Resources Information Center Clearinghouses 
and contracts for regional educational laboratories (established under 
subsections (f) and (h) of section 941 of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 
6041(f) and (h)) (as such awards were in effect on the day before the 
date of enactment of this Act)) for the duration of those awards, in 
accordance with the terms and agreements of such awards.
    (e) National Library of Education.--
            (1) Establishment.--There is established within the 
        National Center for Knowledge Utilization in Education 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. 172. 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 section. The amount of assistance allocated to each 
laboratory by the Knowledge Utilization Commissioner shall reflect the 
number of local educational agencies and the number of school-age 
children within the region served by such laboratory, as well as the 
cost of providing services within the geographic area encompassed by 
the region.
    (b) Regions.--The regions served by the regional educational 
laboratories shall be the 10 geographic regions in existence on the day 
before the date of enactment of this title.
    (c) Invitation Regarding Competition for Awards of Assistance.--
Prior to entering into a contract under this section, the Director 
shall invite applicants, including the regional educational 
laboratories in existence on the day before the date of enactment of 
this Act, to compete for such contract through notice in the Federal 
Register and in the publication of the Department of Commerce known as 
the Federal Business Opportunities.
    (d) 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 this section and address the needs of all States 
        (and to the extent practicable, of local educational agencies) 
        within the region to be served by the regional educational 
        laboratory, on an ongoing basis.
    (e) Awarding of Contracts.--
            (1) In general.--In awarding contracts under this section, 
        the Director shall--
                    (A) enter into contracts for a 5-year period; and
                    (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 Knowledge Utilization Commissioner shall--
                    (A) share information about the activities of each 
                regional educational laboratory awarded a contract 
                under this section with each other regional educational 
                laboratory awarded a contract under this section and 
                with the Department of Education, including the 
                Director and the Board;
                    (B) oversee a strategic plan for ensuring that each 
                regional educational laboratory awarded a contract 
                under this section increases collaboration and 
                resource-sharing in such activities;
                    (C) ensure, where appropriate, that the activities 
                of each regional educational laboratory awarded a 
                contract under this section also serve national 
                interests; and
                    (D) ensure that each regional educational 
                laboratory awarded a contract under this 
section coordinates such laboratory's activities with the activities of 
each other regional technical assistance provider.
            (3) Outreach.--In conducting competitions for contracts 
        under this section, the Director shall--
                    (A) actively encourage eligible entities to compete 
                for such awards by making 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, wide 
                dissemination, training, technical assistance, and 
                development activities authorized by this title in the 
                regions to be served by the regional educational 
                laboratories and how those educational needs could be 
                addressed most effectively.
            (4) Objectives and indicators.--Before entering into a 
        contract under this section, the Director shall design specific 
        objectives and measurable indicators to be used to assess the 
        particular programs or initiatives, and ongoing progress and 
        performance, of the regional educational laboratories, in order 
        to ensure that the educational needs of the region are being 
        met and that the latest and best research and proven practices 
        are being carried out as part of school improvement efforts.
            (5) Standards.--The Knowledge Utilization Commissioner 
        shall establish a system for technical and peer review to 
        ensure that applied research activities, research-based 
        reports, and products of the regional educational laboratories 
        are consistent with the research standards described in section 
        134 and the evaluation standards established in section 
        163(a)(2)(A).
    (f) Central Mission and Primary Function.--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 widely disseminate educational research 
        products and processes to schools, teachers, local educational 
        agencies, State educational agencies, State and local agencies 
        responsible for early education, librarians, and schools funded 
        by the Bureau, as appropriate, and through such development and 
        wide 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 educational 
        agencies, local educational agencies, school boards, schools 
        funded by the Bureau, as appropriate, and State boards of 
        education;
            (4) 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;
            (5) 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 State education goals;
            (6) 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;
            (7) use applied educational research to assist in solving 
        site-specific problems and to assist in development activities, 
        including high quality, ongoing, professional development, and 
        effective parental involvement strategies;
            (8) 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 educational laboratory or the Department of Education;
            (9) collaborate and coordinate services with other 
        technical assistance providers funded by the Department of 
        Education;
            (10) 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 among public 
                schools to better serve public school students; and
                    (G) the development of alternative administrative 
                structures which are more conducive to planning, 
                implementing, and sustaining school reform and improved 
                educational outcomes; and
            (11) bring teams of experts together to develop and 
        implement school improvement plans and strategies.
    (g) Activities.--Each regional educational laboratory receiving 
assistance under this subsection shall carry out the following 
activities:
            (1) Collaborate with the National Education Centers in 
        order to--
                    (A) maximize the use of research conducted through 
                the National Education Centers in the work of such 
                laboratory;
                    (B) keep the National Education Centers apprised of 
                the work of the regional educational laboratory in the 
                field; and
                    (C) inform the National Education Centers about 
                additional research needs identified in the field.
            (2) Consult with the State educational agencies and 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 educators and schools in high poverty, 
        urban, and rural areas.
            (5) Identify successful educational programs that have 
        either been developed by such laboratory in carrying out such 
        laboratory's functions or that have been developed or used by 
        others within the region served by the laboratory and make such 
        information available to the Secretary and the network of 
        regional educational laboratories so that such programs may be 
        considered for inclusion in the national education 
        dissemination system.
    (h) Governing Board and Allocation.--In carrying out its 
responsibilities, each regional educational laboratory, in keeping with 
the terms and conditions of such laboratory's contract, shall--
            (1) establish a governing board that--
                    (A) reflects a balanced representation of--
                            (i) the States in the region;
                            (ii) the interests and concerns of regional 
                        constituencies; and
                            (iii) technical expertise;
                    (B) includes the chief State school officer or such 
                officer's designee of each State represented in such 
                board's region;
                    (C) includes representatives nominated by State 
                organizations representing superintendents, principals, 
                institutions of higher education, teachers, parents, 
                business, and researchers;
                    (D) in order to meet the requirement of 
                subparagraph (A), is not more than 10 percent 
                independently selected by the regional educational 
                laboratory;
                    (E) 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 Knowledge Utilization Commissioner 
                        concerning the laboratory's goals, activities, 
                        and priorities; and
                            (iv) determines at the start of the 
                        contract period, subject to the requirements of 
                        this section and in consultation with the 
                        Knowledge Utilization Commissioner, the mission 
                        of the regional educational laboratory for the 
                        duration of the contract period;
                    (F) ensures that the regional educational 
                laboratory attains and maintains a high level of 
                quality in the laboratory's work and products;
                    (G) establishes standards to ensure that the 
                regional educational laboratory has strong and 
                effective governance, organization, management, and 
                administration, and employs qualified staff;
                    (H) directs the regional educational laboratory to 
                carry out the laboratory's duties in a manner that will 
                make progress toward achieving State education goals 
                and reforming schools and educational systems; and
                    (I) conducts a continuing survey of the educational 
                needs, strengths, and weaknesses within the region, 
                including a process of open hearings to solicit the 
                views of schools and teachers; and
            (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.
    (i) Duties of Governing Board.--In order to improve the efficiency 
and effectiveness of the regional educational laboratories, the 
governing boards of the regional educational laboratories shall 
establish and maintain a network to--
            (1) share information about the activities each laboratory 
        is carrying out;
            (2) plan joint activities that would meet the needs of 
        multiple regions;
            (3) create a strategic plan for the development of 
        activities undertaken by the laboratories to reduce redundancy 
        and increase collaboration and resource-sharing in such 
        activities; and
            (4) otherwise devise means by which the work of the 
        individual laboratories could serve national, as well as 
        regional, needs.
    (j) Additional Activities of the Regional Educational 
Laboratories.--
            (1) Assessment.--Each regional educational laboratory 
        awarded a contract under this section shall conduct a biennial 
        needs assessment of the region served by the laboratory.
            (2) Regional support activities.--Each regional educational 
        laboratory awarded a contract under this section shall support 
        applied research, development, wide dissemination, and 
        technical assistance activities--
                    (A) by 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) through dissemination, including through 
                Internet-based means, and by 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, institutions of higher 
                        education, educators, parents, policymakers, 
                        and other constituencies, as appropriate, 
                        within the region in which the regional 
                        educational laboratory is located; and
                            (ii) the National Center for Knowledge 
                        Utilization in Education;
                    (C) by 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) by 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.
            (3) 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, the 
        National Center for Knowledge Utilization in Education, 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) and other 
        regional technical assistance providers).
    (k) Evaluations.--The Knowledge Utilization Commissioner shall--
            (1) provide for independent evaluations of each of the 
        regional educational laboratories in carrying out the duties 
        described in this section in the third year that such 
        laboratory receives assistance under this section in accordance 
        with the standards developed by the Knowledge Utilization 
        Commissioner and approved by the governing board; and
            (2) transmit the results of such evaluations to the 
        relevant committees of Congress, the governing board, and the 
        appropriate regional educational laboratory governing board.
    (l) Rule of Construction.--No regional educational laboratory 
receiving assistance under this section shall, by reason of the receipt 
of that assistance, be ineligible to receive any other assistance from 
the Department of Education as authorized by law or be prohibited from 
engaging in activities involving international projects or endeavors.
    (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 authorized 
under this section, the Director is authorized to enter into contracts 
or agreements with a regional educational laboratory for the purpose of 
carrying out additional projects to enable such regional educational 
laboratory to assist in efforts to achieve State education goals and 
for other purposes.
    (o) Plan.--Not later than July 1 of each year, each regional 
educational laboratory shall submit to the Knowledge Utilization 
Commissioner 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, including a summary of activities 
        during the preceding year, a list of entities served, a list of 
        products, and any other information that the regional 
        educational laboratory may consider relevant or the Knowledge 
        Utilization Commissioner may require.
    (p) Construction.--Nothing in this section shall be construed to 
require any modifications in a regional educational laboratory contract 
in effect on the day before the date of enactment of this Act.

                       PART F--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 143(a)(6) of this title or section 
        404(a)(6) of the National Education Statistics Act of 1994 (20 
        U.S.C. 9003(a)(6)) (as such section was in effect on the day 
        before the date of enactment of this Act) and administered to 
        only a representative sample of pupils in the United States and 
        in foreign nations.

SEC. 183. CONFIDENTIALITY.

    (a) In General.--All collection, maintenance, use, and wide 
dissemination of data by the Institute, including each office, board, 
committee, and center of the Institute, shall conform with the 
requirements of section 552a of title 5, United States Code, the 
confidentiality standards of subsection (c) of this section, and 
sections 444 and 445 of the General Education Provisions Act (20 U.S.C. 
1232g, 1232h).
    (b) Student Information.--The Director shall ensure that all 
individually identifiable information about students, their academic 
achievements, their families, and information with respect to 
individual schools, shall remain confidential in accordance with 
section 552a of title 5, United States Code, 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, with the exception of the National Assessment of 
Educational Progress, 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) Comment.--The Director shall provide other offices of the 
Department with an opportunity to comment upon any report of the 
Institute prior to publication when the contents relate to matters for 
which such offices have responsibility.
    (c) Peer Review.--All research, statistics, and evaluation reports 
conducted by, or supported through, the Institute shall be subjected to 
rigorous peer review before being published or otherwise made available 
to the public.
    (d) Items Not Covered.--Nothing in subsections (a), (b), or (c) 
shall be construed to apply to--
            (1) information on current or proposed budgets, 
        appropriations, or legislation;
            (2) information prohibited from disclosure by law or the 
        Constitution, classified national security information, or 
        information described in section 552(b) of title 5, United 
        States Code; and
            (3) review by officers of the United States in order to 
        prevent the unauthorized disclosure of information described in 
        paragraph (1) or (2).

SEC. 187. VACANCIES.

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

SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

    (a) In General.--The Director may appoint, for terms not to exceed 
6 years (without regard to the provisions of title 5, United States 
Code, governing appointment in the competitive service) and may 
compensate (without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates) such scientific or technical employees 
to carry out the functions of the Institute or the office, board, 
committee, or center, respectively, if--
            (1) not less than 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) Duties of Employees.--All employees described in subsection (a) 
shall work on activities of the Institute or the office, board, 
committee, or center, and shall not be reassigned to other duties 
outside the Institute or the office, board, committee, or center during 
their term.

SEC. 189. FELLOWSHIPS.

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

SEC. 190. VOLUNTARY SERVICE.

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

SEC. 191. RULEMAKING.

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

SEC. 192. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
administer and carry out this title (except section 172) $400,000,000 
for fiscal year 2003 and such sums as may be necessary for each of the 
5 succeeding fiscal years, of which--
            (1) not less than the amount provided to the National 
        Center for Education Statistics (as such Center was in 
        existence on the day before the date of enactment of this Act) 
        for fiscal year 2002 shall be provided to the National Center 
        for Education Statistics, as authorized under part C; and
            (2) not more than the lesser of 2 percent of such funds or 
        $1,000,000 shall be made available to carry out section 116 
        (relating to the National Board for Education Sciences).
    (b) Regional Educational Laboratories.--There are authorized to be 
appropriated to carry out section 172 $120,000,000 for fiscal year 2003 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years. Of the amounts appropriated under the preceding sentence for a 
fiscal year, the Director shall obligate not less than 25 percent to 
carry out such purpose with respect to rural areas (including schools 
funded by the Bureau which are located in rural areas).
    (c) Availability.--Amounts made available under this section shall 
remain available until expended.

          TITLE II--REGIONAL EDUCATIONAL 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) Early childhood educator.--The term ``early childhood 
        educator'' means a person providing, or employed by a provider 
        of, nonresidential child care services (including center-based, 
        family-based, and in-home child care services) that is legally 
        operating under State law, and that complies with applicable 
        State and local requirements for the provision of child care 
        services to children at any age from birth through the age at 
        which a child may start kindergarten in that State.
            (3) Provider of early childhood services.--
                    (A) In general.--The term ``provider of early 
                childhood services'' means a public or private entity 
                that has regular contact with young children.
                    (B) Inclusions.--The term ``provider of early 
                childhood services'' includes--
                            (i) child care providers;
                            (ii) Head Start agencies operating Head 
                        Start programs, and entities carrying out Early 
                        Head Start programs, under the Head Start Act 
                        (42 U.S.C. 9831 et seq.);
                            (iii) preschools;
                            (iv) kindergartens; and
                            (v) libraries.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 203. COMPREHENSIVE CENTERS.

    (a) Authorization.--Beginning in fiscal year 2004, the Secretary is 
authorized to award not less than 20 grants to local entities, or 
consortia of such entities, with demonstrated expertise in providing 
technical assistance and professional development in reading, 
mathematics, science, and technology to establish comprehensive 
centers.
    (b) Allocation.--Each comprehensive center established under this 
section shall allocate such center's resources to and within the State 
in which such center is located in a manner which reflects the need for 
assistance, taking into account such factors as the proportion of 
economically disadvantaged students, the increased cost burden of 
service delivery in areas of sparse populations, and any special 
initiatives being undertaken by State, intermediate, local educational 
agencies, or Bureau-funded schools, as appropriate, which may require 
special assistance from the center.
    (c) Scope of Work.--Each comprehensive center established under 
this section shall work with State educational agencies, local 
educational agencies, and schools in the region where such center is 
located on school improvement activities that take into account factors 
such as the proportion of economically disadvantaged students in the 
region, and give priority to--
            (1) schools in the region with high percentages or numbers 
        of students from low-income families, as determined under 
        section 1113(a)(5) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in 
        rural and urban areas, and schools receiving assistance under 
        title I of that Act (20 U.S.C. 6301 et seq.);
            (2) local educational agencies in the region in which high 
        percentages or numbers of school-age children are from low-
        income families, as determined under section 1124(c)(1)(A) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6333(c)(1)(A)), including such local educational agencies in 
        rural and urban areas; and
            (3) schools in the region that have been identified for 
        school improvement under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
    (d) Activities.--
            (1) In general.--A comprehensive center established under 
        this section shall support dissemination and technical 
        assistance activities by--
                    (A) providing training, professional development, 
                and technical assistance regarding, at a minimum--
                            (i) the administration and implementation 
                        of programs under the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.);
                            (ii) the use of scientifically valid 
                        teaching methods and assessment tools for use 
                        by teachers and administrators in, at a 
                        minimum--
                                    (I) the core academic subjects of 
                                mathematics, science, and reading or 
                                language arts;
                                    (II) English language acquisition; 
                                and
                                    (III) education technology; and
                            (iii) the facilitation of communication 
                        between education experts, school officials, 
                        teachers, parents, and librarians, as 
                        appropriate; and
                    (B) disseminating and providing information, 
                reports, and publications that are usable for improving 
                academic achievement, 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 National Center for Knowledge 
        Utilization in Education, the Office of the Secretary, the 
        State service agency, and other technical assistance providers 
        in the region.
    (e) Comprehensive Center Advisory Board.--
            (1) Establishment.--Each comprehensive center established 
        under this section shall have an advisory board that shall 
        support the priorities of such center.
            (2) Duties.--Each advisory board established under 
        paragraph (1) shall advise the comprehensive center concerning 
        the activities described in subsection (d).
            (3) Composition.--
                    (A) In general.--Each advisory board shall be 
                composed of--
                            (i) the chief State school officers, or 
                        such officers' designees or other State 
                        officials, in each State served by the 
                        comprehensive center, who 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 are selected jointly by the officials 
                        specified in clause (i) and the chief executive 
                        officer of each State served by the 
                        comprehensive center, including the following:
                                    (I) Representatives of local 
                                educational agencies, 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. 204. PRIORITIES AND EVALUATIONS.

    (a) Priorities.--The Secretary may establish priorities for the 
comprehensive centers to address. The priorities shall directly 
correspond with the educational needs of the region.
    (b) Evaluations.--The Secretary shall provide for ongoing 
independent evaluations of the comprehensive centers receiving 
assistance under this title, the results of which shall be transmitted 
to the appropriate congressional committees and the Director of the 
United States Institute for Education Sciences. Such evaluations shall 
include an analysis of the services provided under this title, the 
extent to which each of the comprehensive centers meets the objectives 
of its respective plan, and whether such services meet the educational 
needs of State educational agencies, local educational agencies, and 
schools in the region.

SEC. 205. CLEARINGHOUSES.

    (a) School Facilities Clearinghouse.--
            (1) 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.
            (2) Duration.--A grant or contract awarded under paragraph 
        (1) shall be for a period of 5 years.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $1,500,000 for 
        fiscal year 2003, and such sums as may be necessary for each of 
        the 5 succeeding fiscal years.
    (b) Eisenhower Clearinghouse Authorization.--The Secretary shall 
award a contract for the Eisenhower National Clearinghouse for 
Mathematics and Science Education as 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 (Public Law 107-110)).

SEC. 206. EXISTING TECHNICAL ASSISTANCE PROVIDERS.

    The Secretary shall continue awards for the support of the 
Eisenhower Regional Mathematics and Science Education Consortia 
established under part M of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (as such part existed on the 
day before the date of enactment of this Act), the Regional Technology 
in Education Consortia under section 3141 of the Elementary and 
Secondary Education Act of 1965 (as such section existed on the day 
before the date of enactment of the No Child Left Behind Act of 2001 
(Public Law 107-110)), and the Comprehensive Regional Assistance 
Centers established under part K of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (as such part 
existed on the day before the date of enactment of this Act), in 
accordance with the terms of such awards, until the comprehensive 
centers authorized under section 203 are established.

SEC. 207. STUDY.

    The Secretary, in consultation with the National Academy of 
Sciences, shall conduct a study to determine 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.

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

    (a) Grants Authorized.--The Secretary is authorized to award 
grants, on a competitive basis, to State educational agencies to enable 
such agencies to design and develop statewide, longitudinal data 
systems to track individual student progress based on a unique student 
identifier.
    (b) Applications.--Each State educational agency desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may reasonably require.
    (c) Awarding of Grants.--In awarding grants under this section, the 
Secretary shall use a peer review process that--
            (1) ensures technical quality, interoperability across 
        States, and protections of student privacy;
            (2) promotes the generation of data that is needed--
                    (A) for States and local educational agencies to 
                comply with the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6301 et seq.) and other reporting 
                requirements; and
                    (B) to facilitate research to improve student 
                academic achievement; and
            (3) gives priority to applications that meet the standards 
        and guidelines developed by the National Center for Education 
        Statistics.
    (d) Use of Funds.--
            (1) In general.--Each State educational agency awarded a 
        grant under this section shall design and develop a statewide, 
        longitudinal data system to track individual student progress 
        based on a unique student identifier to more accurately capture 
        and report student data--
                    (A) to comply with the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.);
                    (B) to facilitate research to improve student 
                achievement; and
                    (C) to be used for other purposes.
            (2) Supplement not supplant.--Funds made available under 
        this section shall be used to supplement, and not supplant, 
        other Federal, State, or local funds used for developing State 
        data systems.
    (e) Report.--Not later than 1 year after the date of enactment of 
the Regional Assistance Act of 2002, and again 3 years after such date 
of enactment, the Secretary, in consultation with the National 
Academies Committee on National Statistics, shall make publicly 
available a report on the implementation and effectiveness of Federal, 
State, and local efforts related to the goals of this section, 
including--
            (1) identifying and analyzing State practices regarding the 
        development and use of statewide, longitudinal data systems 
        that track individual student progress;
            (2) evaluating the interoperability of such systems; and
            (3) identifying best practices and areas for improvement.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $100,000,000 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 204(b).

         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 United 
        States 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 united states institute for education 
                sciences''; and
                    (B) by striking ``Assistant Secretary for 
                Educational Research and Improvement'' and inserting 
                ``Director of the United States 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 (including conduct publicity related 
                to the release of) 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''; and
                    (B) by striking ``and with the technical assistance 
                of the Advisory Council established under section 
                407,'';
            (4) in subsection (b)--
                    (A) in paragraph (1), by inserting ``of'' after 
                ``academic achievement and reporting'';
                    (B) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``paragraphs 
                        (1)(B) and (1)(E)'' and inserting ``paragraphs 
                        (2)(B) and (2)(E)'';
                            (ii) in clause (ii), by striking 
                        ``paragraph (1)(C)'' and inserting ``paragraph 
                        (2)(C)''; and
                            (iii) in clause (iii), by striking 
                        ``paragraph (1)(D)'' and inserting ``paragraph 
                        (2)(D)''; and
                    (C) in paragraph (5), by striking ``(c)(2)'' and 
                inserting ``(c)(3)'';
            (5) in subsection (c)(2)(D), by striking ``subparagraph 
        (B)'' and inserting ``subparagraph (C)'';
            (6) in subsection (e)(4), by striking ``subparagraph 
        (2)(C)'' and inserting ``paragraph (2)(C) of such subsection'';
            (7) in subsection (f)(1)(B)(iv), by striking ``section 
        412(e)(4)'' and inserting ``section 302(e)(4)''; and
            (8) by transferring and redesignating the section as 
        section 303 (following section 302) of title III of this Act.
    (e) Table of Contents Amendment.--The items relating to title III 
in the table of contents of this Act, as amended by section 401 of this 
Act, are amended to read as follows:

        ``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

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

    The Department of Education Organization Act (20 U.S.C. 3401 et 
seq.) is amended--
            (1) by striking section 202(b)(4) and inserting the 
        following:
    ``(4) There shall be in the Department a Director of the United 
States 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:

            ``united states institute for education sciences

    ``Sec. 208. There shall be in the Department of Education the 
United States 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. United States 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 143(a)(6) of 
the Education Sciences Reform Act of 2002''.
    (d) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
as follows:
            (1) Section 1111(c)(2) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
            (2) Section 1112(b)(1)(F) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
            (3) Section 1117(a)(3) is amended--
                    (A) by inserting ``(as such section existed on the 
                day before the date of enactment of the Education 
                Sciences Reform Act of 2002)'' after ``Act of 1994''; 
                and
                    (B) by inserting ``regional educational 
                laboratories established under part E of the Education 
                Sciences Reform Act of 2002 and comprehensive centers 
                established under the 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 ``United States 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 United 
                States 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 United States 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 143(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 be effective as 
if enacted on October 1, 2002.

SEC. 406. 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.).
                                                       Calendar No. 750

107th CONGRESS

  2d Session

                                S. 2969

                          [Report No. 107-337]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 12, 2002

                       Reported with an amendment