[Congressional Record Volume 148, Number 51 (Tuesday, April 30, 2002)]
[House]
[Pages H1729-H1743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1800
                 EDUCATION SCIENCES REFORM ACT OF 2002

  Mr. CASTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3801) to provide for improvement of Federal education 
research, statistics, evaluation, information, and dissemination, and 
for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3801

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

                   TITLE I--EDUCATION SCIENCES REFORM

     SEC. 101. SHORT TITLE.

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

     SEC. 102. TABLE OF CONTENTS.

       The table of contents for this title is as follows:

Sec. 101. Short title.
Sec. 102. Table of contents.

                 Part A--Academy of Education Sciences

Sec. 111. Establishment.
Sec. 112. Organization.
Sec. 113. Functions.
Sec. 114. Delegation.
Sec. 115. Office of the Director.
Sec. 116. Priorities.
Sec. 117. National Board for Education Sciences.
Sec. 118. Commissioners of the National Education Centers.
Sec. 119. Office of Educational Resources and Dissemination.

             Part B--National Center for Education Research

Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Biennial report.
Sec. 135. Standards for conduct and evaluation of research.

            Part C--National Center for Education Statistics

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

            Part D--National Center for Education Evaluation

Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation.
Sec. 173. Duties.

                       Part E--General Provisions

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

                 PART A--ACADEMY OF EDUCATION SCIENCES

     SEC. 111. ESTABLISHMENT.

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

     SEC. 112. ORGANIZATION.

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

     SEC. 113. FUNCTIONS.

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

     SEC. 114. DELEGATION.

       (a) Delegation of Authority.--Notwithstanding section 412 
     of the Department of Education Organization Act (20 U.S.C. 
     3472), the Secretary shall delegate to the Director all 
     functions for carrying out this title (other than 
     administrative and support functions), except that--
       (1) nothing in this title or in the National Assessment of 
     Educational Progress Authorization Act may be construed to 
     alter or diminish the role, responsibilities, or authority of 
     the National Assessment Governing Board with respect to the 
     National Assessment of Educational Progress from those 
     authorized by the National Education Statistics Act of 1994 
     immediately before the enactment of this Act;
       (2) members of the National Assessment Governing Board 
     shall continue to be appointed by the Secretary;
       (3) section 302(f)(1) of the National Assessment of 
     Educational Progress Authorization Act shall apply to the 
     National Assessment Governing Board in the exercise of its 
     responsibilities under this Act;
       (4) sections 116 and 117(b)(2) shall not apply to the 
     National Assessment of Educational Progress; and
       (5) sections 116 and 117 shall not apply to the National 
     Assessment Governing Board.
       (b) Other Activities.--The Secretary may assign the Academy 
     responsibility for administering other activities, if those 
     activities are consistent with--
       (1) the Academy's priorities, as approved by the National 
     Board for Education Sciences under section 116; or
       (2) the Academy's mission, if the activities are not 
     consistent with such priorities.

     SEC. 115. OFFICE OF THE DIRECTOR.

       (a) Appointment.--Except as provided in subsection (b)(2), 
     the President, with the advice and consent of the Senate, 
     shall appoint the Director of the Academy.
       (b) Term.--
       (1) In general.--The Director shall serve for a term of 6 
     years, beginning on the date of appointment of the Director, 
     but may be removed by the President prior to the expiration 
     of that term.
       (2) First director.--The President, without the advice and 
     consent of the Senate, may appoint the Assistant Secretary 
     for the Office of Educational Research and Improvement (as 
     such office existed on the day before the date of enactment 
     of this Act) to serve as the first Director of the Academy.
       (3) Subsequent directors.--The Board may make 
     recommendations to the President with respect to the 
     appointment of a

[[Page H1730]]

     Director, other than a Director appointed under paragraph 
     (2).
       (c) Pay.--The Director shall receive the rate of basic pay 
     for level III of the Executive Schedule.
       (d) Qualifications.--The Director shall be selected from 
     individuals who are highly qualified authorities in the 
     fields of scientifically valid research, statistics, or 
     evaluation in education, as well as management within such 
     areas, and have a demonstrated capacity for sustained 
     productivity and leadership in these areas.
       (e) Administration.--The Director shall--
       (1) administer, supervise, and coordinate the activities 
     carried out under the Academy, 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 Academy, in 
     accordance with section 116(a).
       (2) To ensure the methodology applied in conducting 
     research, evaluation, and statistical analysis is consistent 
     with the standards for such activities under this title.
       (3) To coordinate education research and related activities 
     carried out by the Academy with such research and activities 
     carried out by other agencies within the Department and the 
     Federal Government.
       (4) To advise the Secretary on research, evaluation, and 
     statistics activities relevant to the activities of the 
     Department.
       (5) To establish necessary procedures for technical and 
     scientific peer review of the activities of the Academy, 
     consistent with section 117(b)(3).
       (6) To ensure that all participants in research conducted 
     or supported by the Academy are afforded their privacy rights 
     and other relevant protections as research subjects, in 
     accordance with section 184 of this title, section 552a of 
     title 5, United States Code, and sections 444 and 445 of the 
     General Education Provisions Act (20 U.S.C. 1232g, 1232h).
       (7) To ensure that activities conducted or supported by the 
     Academy are objective, secular, neutral, and nonideological 
     and are free of partisan political influence and racial, 
     cultural, gender, or regional bias.
       (8) To undertake initiatives and programs to increase the 
     participation of researchers and institutions that have been 
     historically underutilized in Federal education research 
     activities in the activities of the Academy, including 
     historically Black colleges and universities and other 
     institutions of higher education with large numbers of 
     minority students.
       (9) To coordinate with the Secretary to promote and provide 
     for the coordination of research and development activities 
     and technical assistance activities between the Academy and 
     the regional governing boards and regional entities described 
     in section 203 of the Regional Assistance Act of 2002 to 
     ensure collaboration and resource sharing and reduce 
     redundancy in such activities.
       (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 
     Academy's activities.
       (11) At the discretion of the Director and in consultation 
     with the National Academy of Sciences, to conduct a study to 
     determine--
       (A) a standard by which States may accurately measure the 
     rate at which students drop out of or graduate from secondary 
     schools in the United States (including on-time graduation); 
     and
       (B) the use of alcohol or illegal narcotics as contributing 
     factors to incidents of school violence committed by students 
     during the regular school day and while participating in 
     other school-related activities.
       (12) To carry out and support other activities consistent 
     with the priorities and mission of the Academy.
       (g) Expert Guidance and Assistance.--The Director may 
     establish technical and scientific peer-review groups and 
     scientific program advisory committees that the Director 
     determines are necessary to carry out the requirements of 
     this title. The Director shall appoint such personnel, except 
     that officers and employees of the United States shall 
     comprise no more than one-fourth of the members of any such 
     group 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.

     SEC. 116. PRIORITIES.

       (a) Proposal.--The Director shall propose to the Board 
     priorities for the Academy (taking into consideration long-
     term research and development on core issues conducted 
     through the national research and development centers (as 
     defined in section 181)) identifying topics that may require 
     long-term research and topics that are focused on 
     understanding and solving particular education problems and 
     issues, including those associated with the goals and 
     requirements established in the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.), such as--
       (1) closing the achievement gap between high-performing and 
     low-performing children, especially achievement gaps between 
     minority and nonminority children and between disadvantaged 
     children and their more advantaged peers; and
       (2) ensuring that all children reach, at a minimum, 
     proficiency on challenging State academic achievement 
     standards and assessments.
       (b) Approval.--The Board shall approve or disapprove the 
     priorities for the Academy proposed by the Director, 
     including any necessary revision of those priorities. The 
     Board shall transmit any priorities so approved to the 
     appropriate congressional committees.
       (c) Consistency.--The Board shall ensure that priorities of 
     the Academy and the National Education Centers are consistent 
     with the mission of the Academy.
       (d) Public Availability and Comment.--
       (1) Priorities.--Before submitting to the Board proposed 
     priorities for the Academy, the Director shall make such 
     priorities available to the public for comment (including by 
     means of the Internet and through publishing such priorities 
     in the Federal Register). The Director shall provide to the 
     Board a copy of each such comment submitted.
       (2) Plan.--Upon approval of such priorities, the Director 
     shall make the Academy's plan for addressing such priorities 
     available for public comment in the same manner as under 
     paragraph (1).

     SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.

       (a) Establishment.--The Academy shall have a board of 
     directors, which shall be known as the National Board for 
     Education Sciences.
       (b) Duties.--The duties of the Board shall be the 
     following:
       (1) To advise the Director on the policies of the Academy.
       (2) To consider and approve priorities under section 116 to 
     guide the work of the Academy.
       (3) To review and approve procedures for scientific peer 
     review of the activities of the Academy.
       (4) To advise the Director on the development of activities 
     to be supported by the Academy, including the general areas 
     of research to be carried out by the National Center for 
     Education Research.
       (5) To present to the Director such recommendations as it 
     may find appropriate for--
       (A) the strengthening of education research; and
       (B) the funding of the Academy.
       (6) To advise the Director on the funding of applications 
     for grants, contracts, and cooperative agreements for 
     research, after the completion of peer review.
       (7) To review and regularly evaluate the work of the 
     Academy, to ensure that scientifically valid research, 
     evaluation, and statistical analysis 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 Academy are objective, secular, 
     neutral, and nonideological and are free of partisan 
     political influence and racial, cultural, gender, or regional 
     bias.
       (9) To solicit advice and information from those in the 
     educational field, particularly practitioners and 
     researchers, to recommend to the Director topics that require 
     long-term, sustained, systematic, programmatic, and 
     integrated research efforts, including knowledge utilization 
     and dissemination of research, consistent with the priorities 
     and mission of the Academy.
       (10) To advise the Director on opportunities for the 
     participation in, and the advancement of, women, minorities, 
     and persons with disabilities in education research, 
     statistics, and evaluation activities of the Academy.
       (11) To recommend to the Director ways to enhance strategic 
     partnerships and collaborative efforts among other Federal 
     and State research agencies.
       (12) To recommend to the Director individuals to serve as 
     Commissioners of the National Education Centers.
       (c) Composition.--
       (1) Voting members.--The Board shall have 15 voting members 
     appointed by the President, with the advice and consent of 
     the Senate.
       (2) Advice.--The President shall solicit advice on 
     individuals to serve on the Board from the National Academy 
     of Sciences, the National Science Foundation, and the Office 
     of Science and Technology Policy.
       (3) Nonvoting ex officio members.--The Board shall have the 
     following nonvoting ex officio members:
       (A) The Director of the Academy of Education Sciences.
       (B) Each of the Commissioners of the National Education 
     Centers.
       (C) The Director of the National Institute of Child Health 
     and Human Development.
       (D) The Director of the Census.
       (E) The Commissioner of Labor Statistics.
       (F) The Director of the National Science Foundation.
       (4) Appointed membership.--
       (A) Qualifications.--Members appointed under paragraph (1) 
     shall be highly qualified to appraise education research, 
     statistics, evaluations, or development, and shall include 
     individuals from each of the following groups:

[[Page H1731]]

       (i) Educators, including classroom teachers, principals, 
     and other school administrators.
       (ii) Parents.
       (iii) Business leaders.
       (iv) Experts and scientists in research, statistics, 
     evaluation, or development, who are recognized in their 
     discipline as highly qualified to represent such discipline.
       (B) Special rule.--A majority of the voting members of the 
     Board must be appointed from the groups described in clauses 
     (i) and (iv) of subparagraph (A).
       (C) Terms.--Each member appointed under paragraph (1) shall 
     serve for a term of 4 years, except that--
       (i) each such member may be removed by the President before 
     the expiration of that term;
       (ii) the terms of the initial members appointed under such 
     paragraph shall (as determined by a random selection process 
     at the time of appointment) be for staggered terms of--

       (I) 4 years for each of five members;
       (II) 3 years for each of five members; and
       (III) 2 years for each of five members; and

       (iii) no member appointed under such paragraph shall serve 
     for more than two consecutive terms.
       (D) 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.
       (5) Chair.--The Board shall elect a chairperson from among 
     the members of the Board.
       (6) Compensation.--Members of the Board shall serve without 
     pay for such service. Members of the Board who are officers 
     or employees of the United States may not receive additional 
     pay, allowances, or benefits by reason of their service on 
     the Board.
       (7) Travel expenses.--The members of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (8) Powers of the board.--
       (A) Executive director.--The Board shall have an Executive 
     Director who shall be appointed by the Board.
       (B) Additional staff.--The Board shall utilize such 
     additional staff as may be appointed or assigned by the 
     Director, in consultation with the Chair.
       (C) Detail of 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 deems necessary to carry out its 
     functions.
       (9) Meetings.--The Board shall meet not less than four 
     times each year. The Board shall hold additional meetings at 
     the call of the chairperson or upon the written request of at 
     least six voting members of the Board.
       (10) Quorum.--A majority of the voting members of the Board 
     shall constitute a quorum.
       (d) Standing Committees.--
       (1) Establishment.--The Board may establish standing 
     committees--
       (A) to each serve one of the National Education Centers; 
     and
       (B) to advise, 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) at the discretion of the Board or the standing 
     committee, review and comment on any grant, contract, or 
     cooperative agreement entered into (or proposed to be entered 
     into) by the applicable National Education Center;
       (B) prepare for, and submit to, the Board an annual 
     evaluation of the operations of the applicable National 
     Education Center;
       (C) review and comment on the relevant plan for activities 
     to be undertaken by the applicable National Education Center 
     for each fiscal year; and
       (D) periodically report to the Board regarding the 
     activities of the committee and the applicable National 
     Education Center.
       (e) Annual Report.--The Board shall submit to the Director, 
     the Secretary, and the appropriate congressional committees, 
     not later than July 1 of each year, a report that assesses 
     the effectiveness of the Academy in carrying out its 
     priorities and mission, especially as such priorities and 
     mission relate to carrying out scientifically valid research, 
     conducting unbiased evaluations, and collecting and reporting 
     accurate education statistics.
       (f) Recommendations.--The Board shall submit to the 
     Director, the Secretary, and the appropriate congressional 
     committees a report that includes any recommendations 
     regarding any actions that could be taken to enhance the 
     ability of the Academy to carry out its priorities and 
     mission. The Board shall submit an interim report not later 
     than 3 years after the date of enactment of this Act and a 
     final report not later than 5 years after such date of 
     enactment.

     SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

       (a) Appointment.--The National Education Centers shall each 
     be headed by a Commissioner appointed by the Director. In 
     appointing Commissioners, the Director shall seek to promote 
     continuity in leadership of the National Education Centers 
     and shall consider individuals recommended by the Board. The 
     Director may appoint a Commissioner to carry out the 
     functions of a National Education Center without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates.
       (b) Pay.--The Commissioners shall each receive the rate of 
     basic pay for level IV of the Executive Schedule.
       (c) Qualifications.--Each Commissioner shall be highly 
     qualified in the field of education research, statistics, or 
     evaluation.
       (d) Service and Removal.--Each Commissioner shall report to 
     the Director and may be removed by the Director. A 
     Commissioner shall serve for a period of no more than 6 
     years, unless reappointed by the Director, except that a 
     Commissioner may serve for an additional period, not to 
     exceed 1 year, until a successor has been appointed by the 
     Director.

     SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION.

       (a) Establishment.--There is established within the Academy 
     an Office of Educational Resources and Dissemination.
       (b) Duties.--The Office of Educational Resources and 
     Dissemination shall--
       (1) disseminate information on scientifically valid 
     research, statistics, and evaluation on education to the 
     public, the media, voluntary organizations, and other 
     constituencies, especially with respect to information 
     relating to, at a minimum--
       (A) the core academic areas of reading, mathematics, and 
     science;
       (B) closing the achievement gap between high-performing 
     students and low-performing students;
       (C) educational practices that improve academic achievement 
     and promote learning; and
       (D) education technology, including software;
       (2) manage the National Library of Education described in 
     subsection (e), and other sources of digital information on 
     education research; and
       (3) make such information accessible in a user-friendly, 
     timely, and efficient manner (including through use of a 
     searchable Internet web-based online database) to schools, 
     educators, parents, administrators, policymakers, 
     researchers, public and private entities, entities 
     responsible for carrying out technical assistance through the 
     Department, and the general public.
       (c) Additional Duties.--In carrying out subsection (b), the 
     Office of Educational Resources and Dissemination shall--
       (1) ensure that information disseminated under this section 
     is provided in a cost-effective, nonduplicative manner, 
     including the most current research findings, which may 
     include through the continuation of individual clearinghouses 
     authorized under the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994 (title IX of the 
     Goals 2000: Educate America Act; 20 U.S.C. 6001 et seq.) (as 
     such Act existed on the day before the date of enactment of 
     this Act) or the clearinghouse authorized under section 
     2102(b) of the Elementary and Secondary Education Act of 1965 
     (as such section existed on the day before the date of 
     enactment of the No Child Left Behind Act of 2001 (Public Law 
     107-110));
       (2) prominently describe the type of scientific evidence 
     that is used to support the findings that are disseminated;
       (3) clearly explain the scientifically appropriate and 
     inappropriate uses of--
       (A) the findings that are disseminated; and
       (B) the types of evidence used to support those findings; 
     and
       (4) respond, as appropriate, to inquiries from schools, 
     educators, parents, administrators, policymakers, 
     researchers, public and private entities, and entities 
     responsible for carrying out technical assistance.
       (d) Continuation.--The Director shall continue the existing 
     awards of the Educational Resources Information Center 
     Clearinghouses (established under section 941(f) of the 
     Educational Research, Development, Dissemination, and 
     Improvement Act of 1994 (as such provision existed on the day 
     before the

[[Page H1732]]

     date of enactment of this Act)) for the duration of those 
     existing awards, in accordance with the terms and agreements 
     of such awards.
       (e) National Library of Education.--There is established 
     within the Office of Educational Resources and Dissemination 
     a National Library of Education that shall be headed by an 
     individual who is highly qualified in library science and 
     shall collect and archive information, including products and 
     publications developed through, or supported by, the Academy, 
     and other relevant and useful education-related research, 
     statistics, and evaluation and other information, projects, 
     and publications that are consistent with scientifically 
     valid research or the priorities and mission of the Academy 
     and are developed by the Department, other Federal agencies, 
     or entities (including entities supported under the Regional 
     Educational Technical Assistance Act).

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

     SEC. 131. ESTABLISHMENT.

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

     SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

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

     SEC. 133. DUTIES.

       (a) General Duties.--The Research 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 
     Academy 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 
     Academy, and are approved by the Director;
       (4) implement the plan proposed under paragraph (2) to 
     carry out scientifically valid research that--
       (A) uses objective and measurable indicators, including 
     timelines, that are used to assess the progress and results 
     of such research;
       (B) meets the procedures for peer review established by the 
     Director under section 115(f)(5) and the standards of 
     research described in section 135; and
       (C) includes both basic research and applied research, 
     which shall include research conducted through field-
     initiated studies and may include ongoing research 
     initiatives;
       (5) promote the use of scientifically valid research within 
     the Federal Government, including active participation in 
     interagency research initiatives;
       (6) ensure that research conducted by the Research Center 
     is relevant to education practice and policy;
       (7) synthesize and disseminate, through the Office of 
     Educational Resources and Dissemination, the findings and 
     results of education research conducted or supported by the 
     Research Center;
       (8) prepare and submit to the Director for approval a 
     biennial report, as described in section 134, which shall be 
     made available to the public through such means as the 
     Internet; and
       (9) carry out research on successful State and local 
     education reform activities that result in increased academic 
     achievement and narrowing of achievement gaps, as approved by 
     the Director.
       (b) Eligibility.--Research carried out under subsection (a) 
     through contracts, grants, or cooperative agreements shall be 
     carried out only by recipients with the ability and capacity 
     to conduct scientifically valid research.
       (c) National Research and Development Centers.--
       (1) Support.--In carrying out activities under subsection 
     (a)(3), the Director, acting through the Research 
     Commissioner, shall support national research and development 
     centers.
       (2) Scope.--Support for a national research and development 
     center shall be for a period of not more than 5 years, shall 
     be of sufficient size and scope to be effective, and 
     notwithstanding section 135(b), may be renewed without 
     competition for not more than 5 additional years if the 
     Director, in consultation with the Research Commissioner and 
     the Board, determines that the research of the national 
     research and development center--
       (A) continues to address priorities of the Academy; and
       (B) merits renewal (applying the procedures and standards 
     established in section 135).
       (3) Limit.--No national research and development center may 
     be supported under this subsection for a period of more than 
     10 years without competition.
       (4) Continuation of awards.--The Director, acting through 
     the Research Commissioner, shall continue awards made to the 
     national research and development centers in effect on the 
     day before the date of enactment of this Act in accordance 
     with the terms of those awards and may renew them in 
     accordance with paragraphs (2) and (3).

     SEC. 134. BIENNIAL REPORT.

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

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

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

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

     SEC. 151. ESTABLISHMENT.

       (a) Establishment.--There is established in the Academy a 
     National Center for Education Statistics (in this part 
     referred to as the ``Statistics Center'').
       (b) Mission.--The mission of the Statistics Center shall 
     be--

[[Page H1733]]

       (1) to collect and analyze education information and 
     statistics in a manner that meets the highest methodological 
     standards;
       (2) to report education information and statistics in a 
     timely manner; and
       (3) to collect, analyze, and report education information 
     and statistics in a manner that--
       (A) is objective, secular, neutral, and nonideological and 
     is free of partisan political influence and racial, cultural, 
     gender, or regional bias; and
       (B) is relevant and useful to practitioners, researchers, 
     policymakers, and the public.

     SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

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

     SEC. 153. DUTIES.

       (a) General Duties.--The Statistics Center shall collect, 
     report, analyze, and disseminate statistical data related to 
     education in the United States and in other nations, 
     including--
       (1) collecting, acquiring, compiling (where appropriate, on 
     a State-by-State basis), and disseminating full and complete 
     statistics on the condition and progress of education, at the 
     preschool, elementary, secondary, postsecondary, and adult 
     levels in the United States, including data on--
       (A) student achievement in, at a minimum, the core academic 
     areas of reading, mathematics, and science at all levels of 
     education;
       (B) secondary school completions, dropouts, and adult 
     literacy and reading skills;
       (C) educational access to, and opportunity for, 
     postsecondary education, including data on financial aid to 
     postsecondary students;
       (D) 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; 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;
       (E) instruction, the conditions of the education workplace, 
     and the supply of, and demand for, teachers;
       (F) 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;
       (G) the financing and management of education, including 
     data on revenues and expenditures;
       (H) the social and economic status of children, including 
     their academic achievement;
       (I) the existence and use of educational technology and 
     access to the Internet in elementary schools and secondary 
     schools;
       (J) educational access to, and opportunity for, early 
     childhood education; and
       (K) the availability of, and access to, before-school and 
     after-school programs (including such programs during school 
     recesses);
       (2) conducting and publishing reports on the meaning and 
     significance of the statistics described in paragraph (1);
       (3) collecting, analyzing, cross-tabulating, and reporting, 
     to the extent feasible, information by gender, race, 
     ethnicity, socioeconomic status, limited English proficiency, 
     mobility, and disability, when such disaggregated information 
     would facilitate educational and policy decisionmaking;
       (4) assisting public and private educational agencies, 
     organizations, and institutions in improving and automating 
     statistical and data collection activities, which may include 
     assisting State educational agencies and local educational 
     agencies with the disaggregation of data;
       (5) acquiring and disseminating data on educational 
     activities and student achievement (such as the Third 
     International Math and Science Study) in the United States 
     compared with foreign nations; and
       (6) conducting longitudinal and special data collections 
     necessary to report on the condition and progress of 
     education.
       (b) Training Program.--The Director, acting through the 
     Statistics Commissioner, may establish a program to train 
     employees of public and private educational agencies, 
     organizations, and institutions in the use of standard 
     statistical procedures and concepts and may establish a 
     fellowship program to appoint such employees as temporary 
     fellows at the Statistics Center in order to assist the 
     Statistics Center in carrying out its duties.

     SEC. 154. PERFORMANCE OF DUTIES.

       (a) Grants, Contracts, and Cooperative Agreements.--In 
     carrying out the duties under this part, the Director, acting 
     through the Statistics Commissioner, may award grants, enter 
     into contracts and cooperative agreements, and provide 
     technical assistance.
       (b) Gathering Information.--
       (1) Sampling.--The Statistics Commissioner may use the 
     statistical method known as sampling (including random 
     sampling) to carry out this part.
       (2) Source of information.--The Statistics Commissioner 
     may, as appropriate, use information collected--
       (A) from States, local educational agencies, public and 
     private schools, preschools, institutions of postsecondary 
     education, 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 Academy and by other 
     Federal departments, agencies, and instrumentalities.
       (3) Collection.--The Director, acting through the 
     Statistics Commissioner, may--
       (A) enter into interagency agreements for the collection of 
     statistics;
       (B) arrange with any agency, organization, or institution 
     for the collection of statistics; and
       (C) assign employees of the Statistics Center to any such 
     agency, organization, or institution to assist in such 
     collection.
       (4) Technical assistance and coordination.--In order to 
     maximize the effectiveness of Department efforts to serve the 
     educational needs of children and youth, the Statistics 
     Commissioner shall--
       (A) provide technical assistance to the Department offices 
     that gather data for statistical purposes; and
       (B) coordinate with other Department offices in the 
     collection of data.

     SEC. 155. REPORTS.

       (a) Procedures for Issuance of Reports.--The Director, 
     acting through the Statistics Commissioner, shall establish 
     procedures, in accordance with section 187, to ensure that 
     the reports issued under this section are relevant, of high 
     quality, useful to customers, subject to rigorous peer 
     review, produced in a timely fashion, and free from any 
     partisan political influence.
       (b) Report on Condition and Progress of Education.--Not 
     later than June 1, 2002, and each succeeding June 1 
     thereafter, the Director, acting through the Statistics 
     Commissioner, shall 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 Director, acting through 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 
     mission of the Academy and the mission of the Statistics 
     Center.

     SEC. 156. DISSEMINATION.

       (a) General Requests.--
       (1) In general.--The Statistics Center may furnish 
     transcripts or copies of tables and other statistical records 
     and make special statistical compilations and surveys for 
     State and local officials, public and private organizations, 
     and individuals.
       (2) Compilations.--The Statistics Center shall provide 
     State and local educational agencies opportunities to suggest 
     the development of particular compilations of statistics, 
     surveys, and analyses that would assist those educational 
     agencies.
       (b) Congressional Requests.--The Statistics Center shall 
     furnish such special statistical compilations and surveys as 
     the relevant congressional committees may request.
       (c) Joint Statistical Projects.--The Statistics Center may 
     engage in joint statistical projects related to the mission 
     of the Center, or other statistical purposes authorized by 
     law, with nonprofit organizations or agencies, and the cost 
     of such projects shall be shared equitably.
       (d) Fees.--
       (1) In general.--Statistical compilations and surveys under 
     this section, other than those carried out pursuant to 
     subsections (b) and (c), may be made subject to the payment 
     of the actual or estimated cost of such work.
       (2) Funds received.--All funds received in payment for work 
     or services described in this subsection may be used to pay 
     directly the costs of such work or services, to repay 
     appropriations that initially bore all or part of such costs, 
     or to refund excess sums when necessary.
       (e) Access.--
       (1) Other agencies.--The Statistics Center shall, 
     consistent with section 184, cooperate with other Federal 
     agencies having a need for educational data in providing 
     access to educational data received by the Statistics Center.
       (2) Interested parties.--The Statistics Center shall, in 
     accordance with such terms and conditions as the Center may 
     prescribe, provide all interested parties, including public 
     and private agencies, parents, and other individuals, direct 
     access, in the most appropriate form (including, where 
     possible, electronically), to data collected by the 
     Statistics Center for the purposes of research and acquiring 
     statistical information.

     SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

       The Statistics Center may establish one or more national 
     cooperative education statistics systems for the purpose of 
     producing and maintaining, with the cooperation of the 
     States, comparable and uniform information

[[Page H1734]]

     and data on early childhood education, elementary and 
     secondary education, postsecondary education, adult 
     education, and libraries, that are useful for policymaking at 
     the Federal, State, and local levels.

     SEC. 158. STATE DEFINED.

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

            PART D--NATIONAL CENTER FOR EDUCATION EVALUATION

     SEC. 171. ESTABLISHMENT.

       (a) Establishment.--There is established in the Academy a 
     National Center for Education Evaluation (in this part 
     referred to as the ``Evaluation Center'').
       (b) Mission.--The mission of the Evaluation Center shall be 
     to conduct evaluations of Federal education programs 
     administered by the Secretary (and as time and resources 
     allow, other education programs) to determine the impact of 
     such programs (especially on student academic achievement in 
     the core academic areas of reading, mathematics, and 
     science), to support synthesis and dissemination of results 
     of evaluation research, and to encourage the use of 
     scientifically valid education evaluation throughout the 
     United States.

     SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.

       (a) In General.--The Evaluation Center shall be headed by a 
     Commissioner for Education Evaluation (in this part referred 
     to as the ``Evaluation Commissioner'') who--
       (1) shall possess a demonstrated capacity for sustained 
     productivity and leadership in education evaluation, and be 
     technically competent in conducting scientifically valid 
     education evaluations; and
       (2) shall oversee all evaluation activities of the 
     Evaluation Center, the development of evaluation methodology, 
     the reporting of findings of evaluations to the public and 
     appropriate congressional committees, and other duties 
     essential to carrying out the mission of the Evaluation 
     Center.
       (b) Grants, Contracts, and Cooperative Agreements.--In 
     carrying out the duties under this part, the Director, acting 
     through the Evaluation Commissioner, may award grants, enter 
     into contracts and cooperative agreements, and provide 
     technical assistance.

     SEC. 173. DUTIES.

       (a) General Duties.--
       (1) In general.--The Evaluation Center shall--
       (A) conduct or support evaluations consistent with the 
     Evaluation Center's mission as described in section 171(b);
       (B) evaluate programs under title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
       (C) coordinate the activities of the Evaluation Center with 
     other evaluation activities in the Department; and
       (D) review and, where feasible, supplement Federal 
     education program evaluations, particularly those by the 
     Department, to determine or enhance the quality and relevance 
     of the evidence generated by those evaluations.
       (2) Additional requirements.--Each evaluation conducted by 
     the Evaluation Center pursuant to paragraph (1) shall adhere 
     to the highest possible standards of quality for conducting 
     scientifically valid education evaluation.
       (3) Report.--The Director, acting through the Evaluation 
     Commissioner, shall submit to the President and the 
     appropriate congressional committees a report on the 
     Evaluation Center's evaluation activities on a biennial 
     basis.
       (b) Administration of Evaluations Under Title I of the 
     Elementary and Secondary Education Act of 1965.--The 
     Director, acting through the Evaluation Commissioner, 
     consistent with the mission of the Evaluation Center under 
     section 171(b), shall administer all operations and contracts 
     associated with evaluations authorized by part E of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6491 et seq.) and administered by the Department as of 
     the date of enactment of this Act.

                       PART E--GENERAL PROVISIONS

     SEC. 181. DEFINITIONS.

       In this title:
       (1) The terms ``elementary school'', ``secondary school'', 
     ``local educational agency'', and ``State educational 
     agency'' have the meanings given those terms in section 9101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801) and the terms ``freely associated states'' and 
     ``outlying area'' have the meanings given those terms in 
     section 1121(c) of such Act (20 U.S.C. 6331(c)).
       (2) The term ``Academy'' means the Academy of Education 
     Sciences established under section 111.
       (3) The term ``applied research'' means research--
       (A) to gain knowledge or understanding necessary for 
     determining the means by which a recognized and specific need 
     may be met; and
       (B) that is specifically directed to the advancement of 
     practice in the field of education.
       (4) The term ``basic research'' means research--
       (A) to gain fundamental knowledge or understanding of 
     phenomena and observable facts, without specific application 
     toward processes or products; and
       (B) for the advancement of knowledge in the field of 
     education.
       (5) The term ``Board'' means the National Board for 
     Education Sciences established under section 117.
       (6) The term ``Department'' means the Department of 
     Education.
       (7) The term ``development'' means the systematic use of 
     knowledge or understanding gained from the findings of 
     scientifically valid research that may prove useful in areas 
     (such as the preparation of materials and new methods of 
     instruction and practices in teaching), that may lead to the 
     improvement of the academic skills of students, and that are 
     replicable in different educational settings.
       (8) The term ``Director'' means the Director of the Academy 
     of Education Sciences.
       (9) The term ``dissemination'' means the communication and 
     transfer of the results of scientifically valid research, 
     statistics, and evaluations, in forms that are 
     understandable, easily accessible, and usable, or adaptable 
     for use in, the improvement of educational practice by 
     teachers, administrators, librarians, other practitioners, 
     researchers, policymakers, and the public, through the 
     provision of technical assistance, electronic transfer, and 
     other means.
       (10) The term ``field-initiated research'' means basic 
     research or applied research in which specific questions and 
     methods of study are generated by investigators (including 
     teachers and other practitioners) and that conforms to 
     standards of scientifically valid research.
       (11) The term ``institution of higher education'' has the 
     meaning given that term in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)).
       (12) The term ``national research and development center'' 
     means a research and development center under section 
     931(c)(1)(B) of the Education Research, Development, 
     Dissemination, and Improvement Act of 1994 (20 U.S.C. 
     6031(c)(1)(B)) (as such provision existed on the day before 
     the date of enactment of this Act).
       (13)(A) The term ``scientifically based research 
     standards'' means research standards that--
       (i) apply rigorous, systematic, and objective methodology 
     to obtain reliable and valid knowledge relevant to education 
     activities and programs; and
       (ii) present findings and make claims that are appropriate 
     to and supported by the methods that have been employed.
       (B) The term includes, appropriate to the research being 
     conducted--
       (i) employing systematic, empirical methods that draw on 
     observation or experiment;
       (ii) involving data analyses that are adequate to support 
     the general findings;
       (iii) relying on measurements or observational methods that 
     provide reliable data;
       (iv) making claims of causal relationships only in random 
     assignment experiments or other designs (to the extent such 
     designs substantially eliminate plausible competing 
     explanations for the obtained results);
       (v) ensuring that studies and methods are presented in 
     sufficient detail and clarity to allow for replication or, at 
     a minimum, to offer the opportunity to build systematically 
     on the findings of the research;
       (vi) obtaining acceptance by a peer-reviewed journal or 
     approval by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review; and
       (vii) using research designs and methods appropriate to the 
     research question posed.
       (14) The term ``scientifically valid education evaluation'' 
     means an evaluation that--
       (A) adheres to the highest possible standards of quality 
     with respect to research design and statistical analysis;
       (B) provides an adequate description of the programs 
     evaluated and, to the extent possible, examines the 
     relationship between program implementation and program 
     impacts;
       (C) provides an analysis of the results achieved by the 
     program with respect to its projected effects;
       (D) employs experimental designs using random assignment, 
     when feasible, and other research methodologies that allow 
     for the strongest possible causal inferences when random 
     assignment is not feasible; and
       (E) may study program implementation through a combination 
     of scientifically valid and reliable methods.
       (15) The term ``scientifically valid research'' includes 
     applied research, basic research, and field-initiated 
     research in which the rationale, design, and interpretation 
     are soundly developed in accordance with scientifically based 
     research standards.
       (16) The term ``Secretary'' means the Secretary of 
     Education.
       (17) The term ``State'' includes (except as provided in 
     section 158 and in the National Assessment of Educational 
     Progress Authorization Act) each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     freely associated states, and the outlying areas.
       (18) The term ``technical assistance'' means--
       (A) assistance in identifying, selecting, or designing 
     solutions (including professional development and training to 
     implement such solutions) leading to--
       (i) improved educational practices and classroom 
     instruction based on scientifically valid research; and
       (ii) improved planning, design, and administration of 
     programs;
       (B) assistance in interpreting, analyzing, and utilizing 
     statistics and evaluations; and

[[Page H1735]]

       (C) other assistance necessary to encourage the adoption or 
     application of scientifically valid research.

     SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.

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

     SEC. 183. PROHIBITIONS.

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

     SEC. 184. CONFIDENTIALITY.

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

     SEC. 185. AVAILABILITY OF DATA.

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

     SEC. 186. PERFORMANCE MANAGEMENT.

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

     SEC. 187. AUTHORITY TO PUBLISH.

       (a) Publication.--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 Academy as needed 
     to carry out the priorities and mission of the Academy.
       (b) Peer Review.--All research, statistics, and evaluation 
     reports conducted by, or supported through, the Academy shall 
     be subjected to rigorous peer review before being published 
     or otherwise made available to the public.
       (c) Advance Copies.--The Director shall provide the 
     Secretary an advance copy of any information to be published 
     under this section at least 30 days before publication.
       (d) Items Not Covered.--Nothing in subsection (a) or (b) 
     shall be construed to apply to--
       (1) information on current or proposed budgets, 
     appropriations, or legislation;
       (2) information prohibited from disclosure by law or the 
     Constitution, classified national security information, or 
     information described in section 552(b) of title 5, United 
     States Code; and
       (3) review by officers of the United States in order to 
     prevent the unauthorized disclosure of information described 
     in paragraph (1) or (2).

     SEC. 188. VACANCIES.

       Any member appointed to fill a vacancy on the Board 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of that term. A vacancy in an office, 
     board, committee, or center of the Academy shall be filled in 
     the manner in which the original appointment was made. This 
     section does not apply to employees appointed under section 
     189.

     SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.

       (a) Appointment and Pay.--The Director may appoint for 
     limited periods of time and fix the pay of certain scientific 
     or technical employees to carry out the functions of the 
     Academy or the office, board, committee, or center, 
     respectively, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and the provisions of chapter 51 and subchapter III 
     of chapter 53 of such title relating to classification and 
     General Schedule pay rates, provided that--
       (1) at least 30 days before the appointment of any employee 
     under this subsection, the Director shall give public notice 
     of the availability of such position and shall provide an 
     opportunity for qualified individuals to apply and compete 
     for the position; and
       (2) the Director may not appoint an employee under this 
     subsection unless the employee is necessary to provide the 
     Academy with scientific or technical expertise that could not 
     otherwise be obtained by the Academy through the competitive 
     service and such necessity can be justified in a clear and 
     convincing fashion.
       (b) Maximum Number.--Employees appointed under this section 
     and employed at the Academy at any particular time shall not 
     exceed the greater of 20 percent of the total employees of 
     the Academy or a total of 60 individuals.
       (c) Maximum Pay Rate.--An employee appointed under this 
     section may not be paid at a rate that exceeds the rate of 
     basic pay for level V of the Executive Schedule, except that 
     not more than 10 individuals appointed under this section may 
     be paid at a rate that does not exceed the rate of basic pay 
     for level IV of the Executive Schedule.
       (d) Duration.--An employee appointed under this section may 
     not serve longer than 6 years.

     SEC. 190. VOLUNTARY SERVICE.

       The Secretary, acting through the Director, may accept 
     voluntary and uncompensated services to carry out and support 
     activities that are consistent with the priorities and 
     mission of the Academy.

     SEC. 191. FELLOWSHIPS.

       In order to strengthen the national capacity to carry out 
     high-quality research, evaluation, and statistics related to 
     education, the Director shall establish and maintain 
     research, evaluation, and statistics fellowships in the 
     Academy and institutions of higher education (which may 
     include the establishment of such fellowships in historically 
     Black colleges and universities and other institutions of 
     higher education with large numbers of minority students) 
     that support graduate and postdoctoral study, particularly 
     for women and minorities, with such stipends and allowances 
     (including travel and subsistence expenses) as the Director 
     may determine necessary to obtain the assistance of highly 
     qualified research, evaluation, and statistics fellows.

     SEC. 192. RULEMAKING.

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

     SEC. 193. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     administer and carry out this title $400,000,000 for fiscal 
     year 2003 and such sums as may be necessary for each of the 5 
     succeeding fiscal years, of which--
       (1) no less than the amount provided to the National Center 
     for Education Statistics (as such Center was in existence on 
     the day before the date of enactment of this Act) for fiscal 
     year 2002 shall be provided to the National Center for 
     Education Statistics, as authorized under part C; and
       (2) the lesser of 2 percent of such funds or $1,000,000 
     shall be made available to carry out section 117 (relating to 
     the National Board for Education Sciences).
       (b) Availability.--Amounts made available under this 
     section shall remain available until expended.

     TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                               ASSISTANCE

     SEC. 201. SHORT TITLE.

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

     SEC. 202. TABLE OF CONTENTS.

       The table of contents for this title is as follows:

Sec. 201. Short title.
Sec. 202. Table of contents.

[[Page H1736]]

Sec. 203. Regional educational applied research and technical 
              assistance entities.
Sec. 204. Regional advisory committees.
Sec. 205. Priorities and evaluations.
Sec. 206. Authorization of appropriations.
Sec. 207. General provisions.

     SEC. 203. REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                   ASSISTANCE ENTITIES.

       (a) Establishment.--
       (1) In general.--The Secretary shall support, through 
     competitive contracts, a system of regional educational 
     applied research and technical assistance entities (in this 
     title referred to as ``regional entities'') to provide 
     applied research, dissemination, training, technical 
     assistance, and development activities related to the 
     administration and implementation of Federal education 
     programs and other regional education needs to States, local 
     educational agencies, schools, Indian tribes, community-based 
     organizations, and other appropriate entities.
       (2) Regions.--In establishing geographical regions to be 
     served by the regional entities, the Secretary shall serve 
     the same geographical regions as served by the regional 
     educational laboratories established under section 941(h) of 
     the Educational Research, Development, Dissemination, and 
     Improvement Act of 1994 (as such provision existed on the day 
     before the date of enactment of this Act).
       (3) Allocation.--From the funds appropriated under section 
     206, the Secretary shall allocate for each region for each 
     fiscal year an amount of funds that is comparable in 
     proportion to the amount of funds awarded to serve the needs 
     of that region under prior regional assistance programs under 
     section 3141 and parts A and C of title XIII of the 
     Elementary and Secondary Education Act of 1965 (as such 
     provisions existed on the day before the date of enactment of 
     the No Child Left Behind Act of 2001 (Public Law 107-110)) 
     and section 941(h) of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994 (as such Act 
     existed on the day before the date of enactment of this Act).
       (b) Activities of the Regional Entities.--
       (1) Regional support activities.--The system of regional 
     entities, established under subsection (a)(1), shall support 
     applied research, development, dissemination, and technical 
     assistance activities by--
       (A) providing training and technical assistance regarding, 
     at a minimum--
       (i) the administration and implementation of programs under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.);
       (ii) scientifically valid research in education on teaching 
     methods and assessment tools for use by teachers and 
     administrators in, at a minimum--

       (I) the core academic areas of mathematics, science, and 
     reading; and
       (II) education technology; and

       (iii) the facilitation of communication between education 
     experts, school officials, teachers, parents, and librarians, 
     as appropriate;
       (B) disseminating and providing scientifically valid 
     research, information, reports, and publications that are 
     usable for improving academic achievement, narrowing 
     achievement gaps, and encouraging and sustaining school 
     improvement, to--
       (i) schools, educators, parents, and policymakers within 
     the applicable region in which the entity is located; and
       (ii) the Office of Educational Resources and Dissemination;
       (C) carrying out applied research projects that are 
     designed to serve the particular educational needs of the 
     region, that reflect findings from scientifically valid 
     research, and that result in user-friendly, replicable 
     classroom applications geared toward promoting increased 
     student achievement; and
       (D) supporting development activities and contributing to 
     the current base of education knowledge by addressing 
     enduring problems in elementary and secondary education.
       (2) Coordination and collaboration.--Each regional entity 
     shall coordinate its activities, collaborate, and regularly 
     exchange information with the Secretary, the Director of the 
     Academy of Education Sciences, the Office of Educational 
     Resources and Dissemination of the Academy, and other 
     appropriate entities (including educational service agencies, 
     as defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)).
       (3) Allocation of resources.--Each regional entity shall 
     direct its resources under this title to, and within, each 
     State in a manner that reflects the need for assistance, 
     taking into account factors such as the proportion of 
     economically disadvantaged students and the cost burden in 
     areas of sparse populations, and giving priority to--
       (A) schools with high percentages or numbers of students 
     from low-income families, as determined under section 
     1113(a)(5) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6313(a)(5)), including such schools in rural 
     and urban areas, and schools participating in schoolwide 
     programs under title I of that Act (20 U.S.C. 6301 et seq.);
       (B) local educational agencies in which high percentages or 
     numbers of school-age children are from low-income families, 
     as determined under section 1124(c)(1)(A) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 
     6333(c)(1)(A)), including such local educational agencies in 
     rural and urban areas; and
       (C) schools that have been identified for school 
     improvement under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316).
       (4) Report to secretary.--Each regional entity shall submit 
     to the Secretary an annual report, at such time, in such 
     manner, and containing such information as the Secretary may 
     require, which shall include the following:
       (i) The information described in paragraph (5)(E).
       (ii) A summary of the entity's activities during the 
     preceding year.
       (iii) A listing of the States, local educational agencies, 
     and schools the entity assisted during the preceding year.
       (5) Regional contract boards.--
       (A) Establishment.--Not later than 120 days after entering 
     into a contract under this section, a regional entity shall 
     establish a regional contract board.
       (B) Composition.--
       (i) In general.--The regional contract board shall be 
     composed of--

       (I) the chief State school officers (or other State 
     officials in each State served by the regional entity who 
     have primary responsibility under State law for elementary 
     and secondary education in the State), or their designees, in 
     the region served by the regional entity; and
       (II) not more than 15 other members who are representative 
     of the educational interests in the region served by the 
     regional entity and are selected jointly by the officials 
     specified in subclause (I) and the Governors of each State 
     within the region, including the following:

       (aa) Representatives of local educational agencies, 
     including representatives of local educational agencies 
     serving urban and rural areas.
       (bb) Representatives of institutions of higher education.
       (cc) Parents.
       (dd) Practicing educators, including classroom teachers, 
     principals, and administrators.
       (ee) Representatives of business.
       (ff) Policymakers, expert practitioners, and researchers 
     with knowledge of, and experience using, the results of 
     research, evaluation, and statistics.
       (ii) Special rule.--In the case of a State in which the 
     Governor has the primary responsibility under State law for 
     elementary and secondary education in the State, the Governor 
     shall consult with the State educational agency in selecting 
     additional members of the regional contract board under 
     clause (i)(II).
       (C) Duties.--The regional contract board shall--
       (i) oversee, guide, and direct the regional entity's 
     performance of its contract awarded under this section, 
     subject to the Secretary's ultimate authority to enforce the 
     contract;
       (ii) ensure that the activities of the regional entity 
     under this section monitor and address the educational needs 
     of the region, on an ongoing basis;
       (iii) ensure that the regional entity attains and maintains 
     a high standard of quality in the performance of its 
     activities, consistent with the standards established under 
     section 205(b); and
       (iv) ensure that the regional entity carries out its duties 
     in a manner that promotes progress toward reforming schools 
     and educational systems.
       (D) Acceptance of other assistance.--Each regional contract 
     board may accept gifts, in-kind contributions, services, or 
     other assistance to facilitate its activities.
       (E) Board report.--The regional contract board shall submit 
     to the regional entity, for inclusion in the entity's annual 
     report under paragraph (4), the following:
       (i) A summary of the board's activities during the 
     preceding year.
       (ii) A description of how well the regional entity is 
     meeting the educational needs of the region.
       (iii) Any other information the Secretary may require.
       (c) Application.--
       (1) Submission.--Each regional entity seeking a contract 
     under this section shall submit an application at such time, 
     in such manner, and containing such additional information as 
     the Secretary may reasonably require.
       (2) Plan.--Each application submitted under paragraph (1) 
     shall contain a 5-year plan for carrying out the activities 
     described in subsection (b) in a manner that addresses the 
     priorities established under section 205(a) and addresses the 
     needs of all States (and to the extent practicable, of local 
     educational agencies) within the region, on an ongoing basis.
       (3) Eligible applicants.--Contracts under this section may 
     be made with private or public, for-profit or nonprofit 
     research organizations, institutions, agencies, institutions 
     of higher education, or partnerships among such entities, or 
     individuals, with the demonstrated ability or capacity to 
     carry out the activities described in subsection (b), which 
     may include regional entities that carried out activities 
     under the Educational Research, Development, Dissemination, 
     and Improvement Act of 1994 (as such Act existed on the day 
     before the date of enactment of this Act) and title XIII of 
     the Elementary and Secondary Education Act of 1965 (as such 
     title existed on the day before the date of enactment of the 
     No Child Left Behind Act of 2001 (Public Law 107-110)).

[[Page H1737]]

       (4) Outreach.--In conducting competitions for contracts 
     under this section, the Secretary shall--
       (A) actively encourage potential applicants to compete for 
     such awards by making widely available information and 
     technical assistance relating to the competition; and
       (B) seek input from Governors, chief State school officers, 
     educators, and parents regarding the need for applied 
     research, dissemination, training, technical assistance, and 
     development activities authorized by this title in the 
     regions to be served and how those educational needs would be 
     addressed most effectively.
       (5) Objectives and indicators.--Before entering into a 
     contract under this section, the Secretary shall design 
     specific objectives and measurable indicators, using the 
     results of the survey conducted under section 204(d), to be 
     used to assess the particular programs or initiatives, and 
     ongoing progress and performance, of the regional entities, 
     in order to ensure that the educational needs of the region 
     are being met and that the latest and best research and 
     proven practices are being carried out as part of school 
     improvement efforts.
       (d) Authority.--
       (1) In general.--To carry out the activities described in 
     subsection (b), the Secretary shall--
       (A)(i) enter into contracts for a 5-year period with at 
     least two regional entities for each region described in 
     subsection (a)(2), of which at least one shall be a nonprofit 
     entity;
       (ii) ensure that the primary duties of at least one 
     regional entity shall include activities described in 
     subsection (b)(1)(A); and
       (iii) ensure that the primary duties of at least one 
     regional entity shall include activities described in 
     subsections (b)(1)(C) and (b)(1)(D); and
       (B) ensure that the regional entities 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 Secretary shall--
       (A) share information about the activities of each regional 
     entity with each other regional entity and with the 
     Department, including the Director of the Academy of 
     Education Sciences and the National Board for Education 
     Sciences;
       (B) create a strategic plan for ensuring that each regional 
     entity increases collaboration and resource-sharing in such 
     activities;
       (C) where appropriate, ensure that the activities of each 
     regional entity also serve national interests; and
       (D) ensure that each of the regional entities funded under 
     this title coordinates its activities with the activities of 
     the other regional entities.
       (e) Continuation.--In order to carry out this title and 
     facilitate the transition to regional entities, the 
     Secretary--
       (1) shall continue the existing awards of the regional 
     educational laboratories established under section 941(h) of 
     the Educational Research, Development, Dissemination, and 
     Improvement Act of 1994 (as such provision existed on the day 
     before the date of enactment of this Act), the Eisenhower 
     Regional Mathematics and Science Education Consortia 
     established under part M of such Act (as such part existed on 
     the day before the date of enactment of this Act), and the 
     Regional Technology in Education Consortia 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)), for the duration of those existing awards in 
     accordance with the terms and agreements of such awards; and
       (2) may extend for no more than 2 years the awards of the 
     Comprehensive Regional Assistance Centers established under 
     part K of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994 (as such part 
     existed on the day before the date of enactment of this Act).

     SEC. 204. REGIONAL ADVISORY COMMITTEES.

       (a) Establishment.--The Secretary shall establish a 
     regional advisory committee for each region described in 
     section 203(a)(2).
       (b) Membership.--
       (1) Composition.--The membership of each regional advisory 
     committee shall--
       (A) not exceed 25 members;
       (B) contain a balanced representation of States in the 
     region; and
       (C) include not more than one representative of each State 
     educational agency geographically located in the region.
       (2) Eligibility.--The membership of each regional advisory 
     committee may include the following:
       (A) Representatives of local educational agencies, 
     including rural and urban local educational agencies.
       (B) Representatives of institutions of higher education, 
     including individuals representing university-based education 
     research and university-based research on subjects other than 
     education.
       (C) Parents.
       (D) Practicing educators, including classroom teachers, 
     principals, administrators, school board members, and other 
     local school officials.
       (E) Representatives of business.
       (F) Researchers.
       (3) Recommendations.--In choosing individuals for 
     membership on a regional advisory committee, the Secretary 
     shall consult with, and solicit recommendations from, the 
     Governors, chief State school officers, and education 
     stakeholders within the applicable region.
       (4) Special rule.--The total number of members on each 
     committee who are selected under subparagraphs (A), (C), and 
     (D) of paragraph (2), collectively, shall exceed the total 
     number of members who are selected under paragraph (1)(C) and 
     subparagraphs (B), (E), and (F) of paragraph (2), 
     collectively.
       (c) Duties.--Each regional advisory committee shall advise 
     the Secretary on the following:
       (1) The educational needs of its region (using the results 
     of the survey conducted under subsection (d)), in order to 
     assist in making decisions regarding the priorities 
     established under section 205(a) and the priorities 
     established under section 116 of the Education Sciences 
     Reform Act of 2002.
       (2) The quality of the applications submitted under section 
     203(c).
       (3) The quality of the regional entity's performance of its 
     contract.
       (d) Regional Surveys.--Each regional advisory committee 
     shall--
       (1) conduct a survey of the educational needs, strengths, 
     and weaknesses within the region to be served;
       (2) in conducting the survey under paragraph (1), seek 
     input from Governors, chief State school officers, educators, 
     and parents (including through a process of open hearings to 
     solicit the views and needs of schools (including public 
     charter schools), teachers, administrators, parents, local 
     educational agencies, librarians, businesses, State 
     educational agencies, and other customers (such as adult 
     education programs) within the region) regarding the need for 
     the activities described in section 203(b)(1) and how those 
     needs would be most effectively addressed; and
       (3) submit the survey to the Secretary and to the Director 
     of the Academy of Education Sciences, at such time, in such 
     manner, and containing such information as the Secretary may 
     require.

     SEC. 205. PRIORITIES AND EVALUATIONS.

       (a) Priorities.--The Secretary may establish priorities for 
     the regional entities to address. The priorities shall 
     directly correspond with the educational needs of the region, 
     using the regional survey conducted under section 204(d).
       (b) Standards.--The Secretary shall establish standards, 
     consistent with those established under section 135(a) of the 
     Education Sciences Reform Act of 2001, for the conduct of 
     research and development and the dissemination of 
     scientifically based research by the regional entities.
       (c) Evaluations.--The Secretary shall provide for ongoing 
     independent evaluations of the regional entities receiving 
     contracts under this title, the results of which shall be 
     transmitted to the appropriate congressional committees and 
     the Director of the Academy of Education Sciences. Such 
     evaluations shall include an analysis of the services 
     provided under this title, the extent to which each of the 
     regional entities meets the objectives of its respective plan 
     (as submitted in its application under section 203(c)(2)), 
     and whether such services meet the educational needs of State 
     educational agencies and local educational agencies and 
     schools in the region.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $189,000,000 for fiscal year 2003 and 
     such sums as may be necessary for each of the 5 succeeding 
     fiscal years.
       (b) Limitation.--Not more than 5 percent of the funds 
     appropriated under subsection (a) for a fiscal year may be 
     used to establish and administer the regional advisory 
     committees required under section 204 and to conduct the 
     evaluations required under section 205(c).

     SEC. 207. GENERAL PROVISIONS.

       Part E of the Education Sciences Reform Act of 2002 applies 
     to this title, as appropriate, except that any duty of the 
     Director of the Academy of Education Sciences under that part 
     shall be a duty of Secretary under this title.

         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 Academy 
     of Education Sciences.
       (2) The term ``State'' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

[[Page H1738]]

                    TITLE IV--AMENDATORY PROVISIONS

     SEC. 401. REDESIGNATIONS.

       (a) Confidentiality.--Section 408 of the National Education 
     Statistics Act of 1994 (20 U.S.C. 9007) is amended--
       (1) by striking ``center'', ``Center'', and 
     ``Commissioner'' each place any such term appears and 
     inserting ``Director'';
       (2) in subsection (a)(2)(A), by striking ``statistical 
     purpose'' and inserting ``research, statistics, or evaluation 
     purpose under this title'';
       (3) so that paragraph (1) of subsection (b) reads as 
     follows:
       ``(1) In general.--
       ``(A) Disclosure.--No Federal department, bureau, agency, 
     officer, or employee and no recipient of a Federal grant, 
     contract, or cooperative agreement may, for any reason, 
     require the Director, any Commissioner of a National 
     Education Center, or any other employee of the Academy to 
     disclose individually identifiable information that has been 
     collected or retained under this title.
       ``(B) Immunity.--Individually identifiable information 
     collected or retained under this title shall be immune from 
     legal process and shall not, without the consent of the 
     individual concerned, be admitted as evidence or used for any 
     purpose in any action, suit, or other judicial or 
     administrative proceeding.
       ``(C) Application.--This paragraph does not apply to 
     requests for individually identifiable information submitted 
     by or on behalf of the individual identified in the 
     information.'';
       (4) in paragraphs (2) and (6) of subsection (b), by 
     striking ``subsection (a)(2)'' each place such term appears 
     and inserting ``subsection (c)(2)'';
       (5) in paragraphs (3) and (7) of subsection (b), by 
     striking ``Center's'' each place such term appears and 
     inserting ``Director's''; and
       (6) by striking the section heading and transferring all 
     the subsections (including subsections (a) through (c)) and 
     redesignating such subsections as subsections (c) through 
     (e), respectively, at the end of section 184 of this Act.
       (b) Conforming Amendment.--Sections 302 and 303 of this Act 
     are redesignated as sections 304 and 305, respectively.
       (c) National Assessment Governing Board.--Section 412 of 
     the National Education Statistics Act of 1994 (20 U.S.C. 
     9011) is amended--
       (1) in subsection (a), by striking ``referred to as the 
     `Board' '' and inserting ``referred to as the `Assessment 
     Board' '';
       (2) by striking ``Board'' each place such term appears 
     (other than in subsection (a)) and inserting ``Assessment 
     Board'';
       (3) by striking ``Commissioner'' each place such term 
     appears and inserting ``Commissioner for Education 
     Statistics'';
       (4) in subsection (a) by inserting ``(carried out under 
     section 303)'' after ``for the National Assessment'';
       (5) in subsection (b)(2)--
       (A) by striking ``Assistant secretary for educational 
     research'' in the heading and inserting ``Director of the 
     academy of education sciences''; and
       (B) by striking ``Assistant Secretary for Educational 
     Research and Improvement'' and inserting ``Director of the 
     Academy of Education Sciences'';
       (6) in subsection (e)(1)(A), by striking ``section 411(b)'' 
     and inserting ``section 303(b)'';
       (7) in subsection (e)(1)(B), by striking ``section 411(e)'' 
     and inserting ``section 303(e)'';
       (8) in subsection (e)(1)(E), by striking ``, including the 
     Advisory Council established under section 407'';
       (9) in subsections (e)(1)(F) and (e)(1)(I), by striking 
     ``section 411'' each place such term appears and inserting 
     ``section 303'';
       (10) in subsection (e)(5), by striking ``and the Advisory 
     Council on Education Statistics'';
       (11) in subsection (e)(6), by striking ``section 411(e)'' 
     and inserting ``section 303(e)''; and
       (12) by transferring and redesignating the section as 
     section 302 (following section 301) of title III of this Act.
       (d) National Assessment of Educational Progress.--Section 
     411 of the National Education Statistics Act of 1994 (20 
     U.S.C. 9010) is amended--
       (1) by striking ``Commissioner'' each place such term 
     appears and inserting ``Commissioner for Education 
     Statistics'';
       (2) by striking ``National Assessment Governing Board'' and 
     ``National Board'' each place either such term appears and 
     inserting ``Assessment Board'';
       (3) in subsection (a)--
       (A) by striking ``section 412'' and inserting ``section 
     302'';
       (B) by striking ``and with the technical assistance of the 
     Advisory Council established under section 407,''; and
       (C) by inserting ``(awarded by the Director, acting through 
     the Commissioner for Education Statistics)'' after 
     ``cooperative agreements'';
       (4) in subsection (b)(1), by inserting ``of'' after 
     ``academic achievement and reporting'';
       (5) in subsection (b)(3)(A)--
       (A) in clause (i), by striking ``paragraphs (1)(B) and 
     (1)(E)'' and inserting ``paragraphs (2)(B) and (2)(E)'';
       (B) in clause (ii), by striking ``paragraph (1)(C)'' and 
     inserting ``paragraph (2)(C)''; and
       (C) in clause (iii), by striking ``paragraph (1)(D)'' and 
     inserting ``paragraph (2)(D)'';
       (6) in subsection (b)(5), by striking ``(c)(2)'' and 
     inserting ``(c)(3)'';
       (7) in subsection (c)(2)(D), by striking ``subparagraph 
     (B)'' and inserting ``subparagraph (C)'';
       (8) in subsection (e)(4), by striking ``subparagraph 
     (2)(C)'' and inserting ``paragraph (2)(C) of such 
     subsection'';
       (9) in subsection (f)(1)(B)(iv), by striking ``section 
     412(e)(4)'' and inserting ``section 302(e)(4)''; and
       (10) by transferring and redesignating the section as 
     section 303 (following section 302) of title III of this Act.

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

       The Department of Education Organization Act (20 U.S.C. 
     3401 et seq.) is amended as follows:
       (1) Paragraph (4) of section 202(b) (20 U.S.C. 3412(b)) is 
     amended to read as follows:
       ``(4) There shall be in the Department a Director of the 
     Academy of Education Sciences who shall be appointed in 
     accordance with section 115(a) of the Education Sciences 
     Reform Act of 2002 and perform the duties described in that 
     Act.''.
       (2) Section 208 (20 U.S.C. 3419) is amended to read as 
     follows:


                    ``academy of education sciences

       ``Sec. 208. There shall be in the Department of Education 
     an Academy of Education Sciences, which shall be administered 
     in accordance with the Education Sciences Reform Act of 2002 
     by the Director appointed under section 115(a) of that 
     Act.''.
       (3) In the table of contents in section 1 (20 U.S.C. 3401 
     note), the item relating to section 208 is amended to read as 
     follows:

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

     SEC. 403. REPEALS.

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

     SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

       (a) Goals 2000: Educate America Act.--The table of contents 
     in section 1(b) of the Goals 2000: Educate America Act (20 
     U.S.C. 5801 note) is amended by striking the items relating 
     to parts A through E of title IX (including the items 
     relating to sections within those parts).
       (b) Title 5, United States Code.--Title 5, United States 
     Code, is amended--
       (1) in section 5314, by inserting a period after ``Under 
     Secretary of Education''; and
       (2) in section 5315, by striking the following:
       ``Commissioner, National Center for Education 
     Statistics.''.
       (c) General Education Provisions Act.--Section 447(b) of 
     the General Education Provisions Act (20 U.S.C. 1232j) is 
     amended by striking ``section 404(a)(6) of the National 
     Education Statistics Act of 1994 (20 U.S.C. 9003(a)(6))'' and 
     inserting ``section 153(a)(5) of the Education Sciences 
     Reform Act of 2002''.
       (d) Elementary and Secondary Education Act of 1965.--The 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended as follows:
       (1) Section 1111(c)(2) is amended by striking ``section 
     411(b)(2) of the National Education Statistics Act of 1994'' 
     and inserting ``section 303(b)(2) of the National Assessment 
     of Educational Progress Authorization Act''.
       (2) Section 1112(b)(1)(F) is amended by striking ``section 
     411(b)(2) of the National Education Statistics Act of 1994'' 
     and inserting ``section 303(b)(2) of the National Assessment 
     of Educational Progress Authorization Act''.
       (3) Section 1117(a)(3) is amended--
       (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 applied research 
     and technical assistance entities established under section 
     203 of 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 ``Academy of Education Sciences'':
       (A) Section 3222(a) (20 U.S.C. 6932(a)).
       (B) Section 3303(1) (20 U.S.C. 7013(1)).
       (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
       (D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C. 
     7283d(d)).
       (E) Paragraphs (1) and (2) of section 7131(c) (20 U.S.C. 
     7451(c)).
       (6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C. 
     7253c(e)) are each amended by striking ``such Office'' and 
     inserting ``such Academy''.
       (7) Section 5613 (20 U.S.C. 7283b) is amended--
       (A) in subsection (a)(5), by striking ``Assistant Secretary 
     of the Office of Educational Research and Improvement'' and 
     inserting ``Director of the Academy of Education Sciences''; 
     and
       (B) in subsection (b)(2)(B), by striking ``research 
     institutes of the Office of Educational Research and 
     Improvement'' and inserting

[[Page H1739]]

     ``National Education Centers of the Academy of Education 
     Sciences''.
       (8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C. 
     7283d(d)(1), 7451(c)(1)) are each amended by striking ``the 
     Office'' and inserting ``the Academy''.
       (9) Section 9529(b) is amended by striking ``section 
     404(a)(6) of the National Education Statistics Act of 1994'' 
     and inserting ``section 153(a)(5) of the Education Sciences 
     Reform Act of 2002''.
       (e) School-to-Work Opportunities Act of 1994.--Section 404 
     of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 
     6194) is amended by inserting ``(as such Act existed on the 
     day before the date of enactment of the Education Sciences 
     Reform Act of 2002)'' after ``Act of 1994''.

     SEC. 405. EFFECTIVE DATE.

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

     SEC. 406. SEVERABILITY.

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

     SEC. 407. ORDERLY TRANSITION.

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

  The SPEAKER pro tempore (Mr. Whitfield). Pursuant to the rule, the 
gentleman from Delaware (Mr. Castle) and the gentleman from Michigan 
(Mr. Kildee) each will control 20 minutes.
  The Chair recognizes the gentleman from Delaware (Mr. Castle).


                             General Leave

  Mr. CASTLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous information on H.R. 3801.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Delaware?
  There was no objection.
  Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 3801, the 
Education Science Reform Act Legislation, which transforms the Office 
of Education Research into a streamlined, more independent Academy of 
Education Sciences.
  Earlier this year President Bush signed landmark education reforms 
into law, demanding new and more challenging standards of 
accountability from our States and improved student achievement from 
our schools. Recognizing that any successful education reform effort 
requires the best information on how children learn, the words 
``scientifically-based research'' appear more than 100 times in the new 
law.
  The reason for the focus on scientific research is simple: Educators 
need to know what works if they are to improve student achievement and 
narrow the gap between our lowest and highest performing students. 
Unfortunately, too much of what we recognize as education research is 
simply opinion buttressed by anecdotes. Consider the following 
examples:
  Recently Congress established a national panel to evaluate existing 
research on the most effective way to teach children to read. They 
examined more than 100,000 federally-funded studies on reading, some 
written as far back as 1966, and concluded only 10,000 met their 
standards for scientific rigor.
  From 1967 to 1976, the Federal Government managed the largest 
education research project ever conducted in the United States, 
comparing more than 20 different teaching programs on more than 70,000 
students in 180 schools. Yet at the end of the study, all of the 
programs, those that were successful and those that failed, were 
recommended for distribution to schools. Today schools invest untold 
time and resources in one education fad after another. Without sound 
science to back program claims, teachers and school administrators are 
forced to use guesswork to determine the best classroom practices in 
students and students' achievement often suffers.
  Even when scientific research is conducted, news of the findings 
seldom reaches teachers in the classrooms. When it does, it is often 
not relevant to the needs or it is not translated into understandable 
classroom applications. Two years ago I introduced legislation to 
improve the rigor and relevance of education research and to provide 
educators and policy-makers access to unbiased and reliable 
information.
  The legislation before us today, H.R. 3801, picks up where that bill 
left off. It ensures that tried and true scientific information, not 
fads or fiction, form the basis for setting education policy and 
improving education practice. Specifically, H.R. 3801 attempts to 
address what I have come to know as serious shortcomings in the fields 
of education research, including the creeping influence of short-lived 
partisan or political operatives, the funding and dissemination of 
questionable studies, programs, and practices, and an overly 
bureaucratic office with no real sense of mission, mired by duplicative 
programs and competing interests.
  Among other things, H.R. 3801 replaces the current Office of 
Education Research and Improvement with the new streamlined Academy of 
Education Science; insulates the new academy from inappropriate 
partisan or political influences; ensures that high quality standards 
put an end to education fads that masquerade as sound science; and 
creates a culture of science by allowing the new director to attract 
and retain the best researchers, evaluators and statisticians to the 
academy. It ensures that the research activities of the academy are 
driven by the needs of parents, teachers and school administrators, not 
ivory tower researchers; and ensures that technical assistance, 
including help in implementing the No Child Left Behind Act, is 
accountable to States and schools.
  For more than 30 years, we have heard excuses on why education could 
not be held to the same standards as other professions, and for 30 
years Federal research conducted by the Office of Educational Research 
and Improvement has been, to a large extent, a disappointment.
  If we are to lift those who are struggling to achieve proficiency in 
reading, math and science, we must give our educators the information 
they need to help their students learn. For that to happen, we must 
expect more from our Federal investment in education research. We must 
expect scientific rigor and we must ensure that what works in education 
informs classroom practice.
  To that end, H.R. 3801 makes long overdue changes to the Office of 
Education Research and Improvement. I urge my colleagues to support 
this bipartisan common sense legislation and send a strong message to 
the other body that the successful implementation of No Child Left 
Behind Act requires a Federal office that can deliver a high quality 
education research product.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today's consideration of H.R. 3801 marks an important 
step in this committee's addressing the equal and effectiveness of 
education research and technical assistance. I believe our work on this 
legislation over the last 2 years has produced a good bipartisan 
product that warrants our support today. I do want to thank the 
gentleman from Delaware (Mr. Castle) and the gentleman from Ohio (Mr. 
Boehner) for their willingness to address Democratic concerns on this 
legislation.
  This legislation addresses several critical issues in the area of 
education research. First is adequate resources. H.R. 3801 authorizes 
over $700 million for the department's research and technical 
assistance activities, nearly double existing funding. This level of 
funding is vital in the research academy created under this legislation 
to become a top flight education research organization.
  This bill also includes the provisions sought by the gentleman from 
New York (Mr. Owens), long a leader in Congress on education issues, to 
increase outreach and involvement of historically black colleges and 
universities and Hispanic-serving institutions, and to permit 
fellowships to build research, knowledge and experience.
  In addition, H.R. 3801 ensures that research is conducted through 
national research and development centers and

[[Page H1740]]

that 50 percent of research funding is for long-term research, both 
critical elements necessary to ensure high quality and effective 
research. This legislation also seeks to maintain the current 
governance relationship between the national assessment of educational 
process, the Department of Education, and the national assessment 
governing board, and in no way undermines any present authority 
provided to the board.
  It is my intent that the changes made by this bill do not modify the 
manner in which the National Center for Education Statistics 
administers the national assessment.
  Lastly, the bill ensures that we have a strong regional development 
and technical assistance focus that allows the continuation of existing 
life quality regional laboratories in comprehensive centers. Each 
region will competitively fund entities similar to the existing 
regional education laboratories and comprehensive assistance centers.
  Our colleague, the gentleman from Wisconsin (Mr. Kind), has worked 
hard to ensure the bill's technical assistance focus would be 
responsive to local needs.
  Mr. Speaker, a strong research focus at the Department of Education 
is vital to improving the educational achievement of our children. 
Coupled with the elements of the recently passed reauthorization of the 
Elementary and Secondary Education Act, this legislation can play a 
critical role in providing high quality research, technical assistance, 
and developmental activities. It is my belief that this legislation 
moves us in the right direction to accomplish these feats, and I urge 
Members to support it today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CASTLE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio (Mr. Boehner) the chairman of the Committee on 
Education and the Workforce.
  Mr. BOEHNER. Mr. Speaker, the reauthorization of the Office of 
Education Research and Improvement has been waiting for more than 3 
years to receive action on the floor of the House. And today we have 
the Education Science Reform Act of 2002 here through the hard work of 
the chairman of the subcommittee, the gentleman from Delaware (Mr. 
Castle), the ranking Democrat on the subcommittee, the gentleman from 
Michigan (Mr. Kildee), who have done a marvelous job in bringing this 
bill together through subcommittee and full committee and here on the 
floor today. And without the leadership of the gentleman from Delaware 
(Mr. Castle), it just would not have happened at all.
  Providing high quality, scientifically based education research is 
vital if we are going to improve our Nation's schools. The Education 
Science Act of 2002 does just that. In addition, it provides technical 
assistance to regions, States, districts, and schools that is 
accountable, customer-driven and focused on the implementation of the 
No Child Left Behind Act. Let me emphasize that the reforms in this 
bill will greatly assist in helping the No Child Left Behind Act, 
successfully transform and reform our schools.
  Mr. Speaker, I especially want to thank the gentleman from Delaware 
(Mr. Castle) and the gentleman from Michigan (Mr. Kildee) for their 
bipartisan leadership in working out this agreement. This is no small 
task since we have so few legislative days this year and I want to 
thank both of them very much. But they are not alone. The gentleman 
from Florida (Mr. Keller), the gentleman from Colorado (Mr. Schaffer), 
the gentleman from Michigan (Mr. Ehlers), the gentleman from Virginia 
(Mr. Scott), the gentleman from Wisconsin (Mr. Kind), the gentleman 
from New York (Mr. Owens) and others have rolled up their sleeves and 
worked out the many differences that were in this bill.
  The result was the bill went through both the subcommittee and the 
full committee by unanimous consent, and we expect the same level of 
support today here on the House floor. The President and the 
administration also support this bill. I especially want to thank 
Assistant Secretaries Russ Whitehurst and Becky Campoverde who, with 
their staff, worked closely with us as we brought this legislation 
forward. My thanks also to Jay Lefkowitz and Noel Franciso from the 
Office of Policy Development at the White House for their help.
  Once again, I want to thank my colleague, the ranking Democrat on our 
committee, the gentleman from California (Mr. George Miller), for 
making this bipartisan process work. We have continued the good 
relationship we had during the year-long work on the No Child Left 
Behind Act, and I am hopeful that we have set a new tone and a new 
example for the Congress, and that the approval of the House today of 
the Education Sciences Reform Act of 2002 demonstrates once again that 
we can do great things when we work together. The staff of the 
committee on both sides of the aisle is to be commended as well for all 
of their efforts in working with the Members and really doing the grunt 
work that brings us to a successful conclusion today. With that, I am 
going to thank my colleagues once again.
  Mr. KILDEE. Mr. Speaker, I yield two minutes to the gentleman from 
Indiana (Mr. Roemer).
  (Mr. ROEMER asked and was given permission to revise and extend his 
remarks and include extraneous material.)
  Mr. ROEMER. Mr. Speaker, I rise to commend the gentleman from 
Delaware's (Mr. Castle) and the gentleman from Michigan's (Mr. Kildee) 
contributions, particularly on our side from the gentleman from New 
York (Mr. Owens), and the gentleman from Wisconsin (Mr. Kind), to 
improve the underlying bill to address the research and reform needed 
in this country to better share best practices throughout the United 
States to improve our school system.
  The chairman mentioned one aspect of this bill that I have a caveat 
and a concern about, and that is the money that is provided for 
carrying out the No Child Left Behind Act, actually to provide training 
and technical assistance that will begin to take the first steps for 
the No Child Left Behind Act. The chairman said, I think, very 
articulately that that act was a bipartisan act, the Democrats and 
Republicans working with the President to maybe pass some of the most 
significant reforms in the past 20 years. I agree with that as well. 
However, if we do not provide the resources and the money to go along 
with the reforms to improve Title I programs, to support the teacher 
development, to help the schools in corrective action, then that bill 
starts to fall apart.
  I would include after my statement an article by David Broader from 
this Sunday's Washington Post that says this: ``The gap between the 
reality and the Washington rhetoric about raising standards in school 
while ensuring that no child is left behind is alarmingly large.''
  If the appropriators do not appropriate the significant funds and the 
sufficient funds to ensure that we can lock in these reforms, and the 
States are cutting their budgets and not providing us money to the 
State schools, then this reform, no child left behind, grows 
increasingly in peril of backsliding and going backwards on its 
commitments to children in this country.
  I hope we keep our eye on the appropriations process.
  The article mentioned is as follows:

                       [From The Washington Post]

                        A Matter of Money . . .

                          (By David S. Broder)

       Last week Oregon newspapers carried an Associated Press 
     report that more than 4,600 taxpayers had voluntarily donated 
     almost $700,000 of their tax refunds from the state to a 
     newly created fund for support of public schools.
       It was a small percentage of the $240 million automatically 
     rebated when revenue for the 1999-2001 biennium exceeded 
     estimates. But with the economic slowdown now causing a 
     budget crunch in Oregon, as in more than 40 other states, 
     these taxpayers recognized that education is in jeopardy. A 
     recent special session found the Oregon legislature cutting 
     the schools' budget by $112 million.
       What is happening in Oregon is happening across the 
     country. The National Conference of State Legislatures 
     reported last week that in the current fiscal year, 17 states 
     faced reductions in their budgets for elementary and 
     secondary schools, and 29 faced cuts for colleges and 
     universities.
       The gap between this reality and the Washington rhetoric 
     about raising standards in schools while ensuring that ``no 
     child is left behind'' is alarmingly large.
       In just the past few days, parents and students in state 
     after state have heard disturbing news about the schools. The 
     Massachusetts House of Representatives received a

[[Page H1741]]

     committee-approved budget that would cut school spending 10 
     percent across the board, reducing state aid to local 
     districts by $320 million.
       In Tennessee, seven ``Governor's Schools,'' where gifted 
     and talented high school students lived together in 
     dormitories for a month of challenging summer studies of 
     science, the arts and even international relations, have been 
     canceled. The $15 million cost apparently is more than the 
     sate can afford to invest in its most promising young people.
       At the other end of the educational spectrum, the 
     administration of freshman New Jersey Gov. Jim McGreevey has 
     petitioned for relief from the court order requiring the 
     state to put extra funds in to the 30 poorest school 
     districts. These districts--urban areas with low property-tax 
     bases--were supposed to get $83 million extra in state funds 
     to help them repair buildings, hire teachers and improve 
     instruction. Instead, like every other district, they will be 
     level-funded next year.
       No governors or legislators want to damage the schools 
     their constituents use. But the requirement to balance 
     budgets in a time of slumping revenues has left them little 
     choice. While Washington goes blithely on its way, cutting 
     taxes, running up deficits and borrowing from Social 
     Security, the states are in a jam.
       What is happening to elementary and secondary schools is 
     minor compared with the hit on higher education. In the face 
     of rising enrollments, Pennsylvania is cutting its higher ed 
     budget by almost 5 percent. Penn State students, who were hit 
     with an 8 percent tuition increase this year, will face 
     another tuition boost and a fee increase of up to $600 when 
     they come back to school.
       They are better off than students at the University of 
     Washington, where the budget calls for a 16 percent tuition 
     increase. And in education-conscious Iowa, the presidents of 
     the three largest state universities said in a joint 
     statement that the legislature's cuts ``will unquestionably 
     compromise the quality of our educational programs.'' State 
     funding, which once paid 77 percent of the bills, now pays 60 
     percent, and most of the falloff has been made up by raising 
     tuition.
       The irony is that even as all this is happening, a poll 
     released last week reaffirms the importance of education to 
     most voters. The Public Education Network and Education Week 
     newspaper reported that when it comes to balancing state 
     budgets, voters overwhelmingly say that schools are the top 
     priority. Education leads the No. 2 choice, health care, by a 
     3-to-1 margin. Law enforcement, welfare, services for 
     seniors, transportation and economic development lag far 
     behind.
       But that is not what the budgets reflect. Medicaid payments 
     are the fastest-growing state expenditures, and those costs 
     leave little room for education or other programs.
       Washington is not helping much. The federal government is 
     still falling far short on its promise to pay 40 percent of 
     the bills for special education students, whose needs are a 
     crippling cost for local school districts.
       After boosts in education spending by healthy double-digit 
     percentages in the last year of the Clinton administration 
     and the first year of the Bush administration, this year's 
     federal budget calls for only a 2.8 percent increase.
       With the feds preferring tax cuts to education aid, and the 
     states cutting back because of their budget squeeze, America 
     is in serious danger of backsliding on the promise to improve 
     its schools.

  Mr. CASTLE. Mr. Speaker, I have no further speakers and I continue to 
reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield four minutes to the gentleman from 
Virginia (Mr. Scott).
  Mr. SCOTT. Mr. Speaker, I thank the gentleman for yielding me time.
  I rise in support of the bill H.R. 3801 which restructures and 
refocuses the research branch of the Department of Education. I would 
like to thank the committee chairman, the gentleman from Delaware (Mr. 
Castle), and the ranking member, the gentleman from Michigan (Mr. 
Kildee), for their leadership in crafting this bipartisan bill.
  The bill before us significantly restructures the current research 
office, known as the Office of Educational Research and Improvement, 
into a new Academy of Educational Sciences.

                              {time}  1815

  The reformation of Federal educational research is absolutely 
essential if we are to close the achievement gaps and assure that all 
children have an opportunity of an equal educational opportunity. The 
work that we are doing on this issue will be critical in helping 
educators meet these challenges set forth in H.R. 1, the newly signed 
education bill.
  As the Assistant Secretary of Education noted in his testimony before 
the Committee on Education and the Workforce, H.R. 1 mentions 
scientifically-based research over 110 times as it relates to 
educational programs. Yet there are significant deficits in what we 
know about how children learn and which programs work, especially when 
it comes to children who are disadvantaged, have limited English 
proficiency or have disabilities.
  While our present educational system serves most children fairly 
well, it struggles to meet the needs of children with special 
challenges in their paths. The newly structured academy can help us 
figure out how to better serve all children, close achievement gaps and 
ensure that all children get a quality education.
  In crafting this legislation, we paid special attention to making 
sure that the research conducted by the academy was focused on 
producing useful findings, that is, teaching methodologies that we 
could actually put into practice. We need to find programs that are 
scientifically proven to be effective in educating students who have 
traditionally been disadvantaged so that they, and their schools, can 
meet the standards set forth in H.R. 1.
  Structuring the academy so that it concentrates on research that can 
be put into practice will be beneficial to all 15,000 school districts 
in the United States. The academy will serve as a national resource so 
that valuable time is not lost by each individual school and each 
individual teacher trying to reinvent the wheel and come up with 
educational programs to serve their students.
  I am especially pleased that we are authorizing $400 million, double 
the funds now available for OERI. Funding for educational research has 
been anemic over the years, and no amount of restructuring will achieve 
the needed results if appropriate resources are not applied.
  I would again like to thank the subcommittee chair and the ranking 
member for a chance to work on this bipartisan bill that restructures 
Federal educational research that empowers teachers and schools to be 
better able to do their jobs.
  Mr. CASTLE. Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Just briefly, I want to thank the gentleman from Delaware (Mr. 
Castle) for our work together. He has always been open and frank, 
honest, and we had some very fruitful discussions, sometimes some 
differences with which we were determined to work out. It is always a 
pleasure to work with Governor Castle, and when the President signs 
this bill into law, he will be able to add another item to an already 
illustrious record, both as governor and as a Member of this House.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
  Let me just return the compliment to the gentleman from Michigan (Mr. 
Kildee). Disagreeing with the gentleman is better than agreeing with 
most people I have learned. He is a great pleasure to work with. We 
have worked together on a number of issues now, and these are 
contentious issues I might add, and have been able to work them out, 
greatly to his credit, and I appreciate that.
  I would also like to take this time to extend my heartfelt thanks to 
the many Members, staff and administration officials that made this 
bipartisan reform effort possible.
  Although education research is not an area that commands the 
attention of many Americans, or even many Members of Congress for all 
that matter, I was fortunate to work with a group of dedicated 
professionals who wanted to make education research better. They 
include obviously the Subcommittee on Education Reform ranking member, 
the gentleman from Michigan (Mr. Kildee); but also the gentleman from 
Colorado (Mr. Schaffer), the vice-chairman; the gentleman from 
California (Mr. George Miller), full committee ranking member; as well 
as the gentleman from Florida (Mr. Keller), the gentleman from 
Wisconsin (Mr. Kind), the gentleman from Georgia (Mr. Isakson), the 
gentleman from Virginia (Mr. Scott); the gentleman from Colorado (Mr. 
Tancredo), and the gentleman from New York (Mr. Owens). I thank all of 
them for their important contributions.
  I also want to extend my gratitude to the gentleman from Ohio (Mr. 
Boehner), the chairman of the Education and Workforce Committee. 
Without his leadership and thoughtful

[[Page H1742]]

counsel, we would not be on the floor today.
  I would also be remiss if I did not thank President Bush, Secretary 
Paige and Under Secretary Hickock and Assistant Secretary Russ 
Whitehurst and Becky Campoverde. I am indebted to them all for raising 
the profile of this issue and for their year-long counsel and 
unwaivering support of the principles embodied in this bill.
  Last but certainly not least, I want to thank the staff for their 
hard work and abiding interest in education reform. Often vacations 
were sacrificed and family dinners were put on hold to get us to the 
floor of the House of Representatives. I think one has to be a Member 
of the House to understand how important staffs are to us and the 
extraordinary work they did.
  Although many offered a helping hand, I want to especially thank 
Sally Lovejoy, the boss in all this; Doug Mesecar, who is to my left; 
Bob Sweet, Patrick Lyden, Jo-Marie St. Martin; on the other side, Alex 
Nock, Denise Forte and Charlie Barone, all of whom did a superb job. 
This team really went above and beyond the call of duty, and I am 
grateful to them for their efforts.
  I would particularly like to thank Kara Haas of my staff who has 
dedicated all the recent years to education issues and has done a 
wonderful job of pulling all of this together.
  Mrs. MINK of Hawaii. Mr. Speaker, I rise in support of H.R. 3801, the 
Education Science Reform Act of 2002.
  H.R. 3801 marks a significant step forward in the Congress' effort to 
improve the research, evaluation, and technical assistance focus of the 
Department of Education, High quality research, statistics, 
development, and technical assistance is critical to improving 
education in the 21st century.
  H.R. 3801 authorizes a total of $700 million for the Department of 
Education's research, statistics, evaluations, and technical assistance 
activities. This is nearly double the current funding and ensures that 
almost 1 percent, or $400 million, of the Department's budget will be 
reserved for research activities. This ensures that the Academy of 
Education Sciences that the bill creates will become a premier 
education research organization that is capable of producing high 
quality research.
  H.R. 3801 also creates the Regional Development and Technical 
Assistance program that provides funds for two entities per region. One 
entity will provide applied research and development while the other 
will provide technical assistance. These entities are governed by a 
local regional board that incorporates all States in the region and 
whose membership is chosen by the chief State school officer of each 
State.
  I am pleased that H.R. 3801 will continue to allow all four states of 
the Federated States of Micronesia (FSM) (Chuuk, Kosrae, Pohnpei, and 
Yap) to participate in the program and be fully represented on the 
regional boards. Hawaii's educational laboratory, research, and 
technical assistance provider, the Pacific Resources for Education and 
Learning (PREL), has been successful and effective in meeting the needs 
of all the States in Hawaii's region, which includes Hawaii, the 
outlying area (Guam, American Samoa, and the Northern Mariana Islands) 
and the freely associated states (FAS)(Palau, the Marshall Islands, and 
the four States of the FSM, Chuuk, Kosrae, Pohnpei, and Yap) because of 
the participation of all the chief State school officers.
  Mr. Speaker, I am pleased that Congress is committing to creating a 
strong office of research, statistics, evaluation, development, and 
technical assistance in the Department of Education. The Academy will 
be vital to future increases in student achievement and in the 
management and operation of our Nation's schools. H.R. 3801 makes the 
needed changes and adds the necessary resources to making this office a 
reality. I urge my colleagues to support this bill.
  Mr. KIND. Mr. Speaker, I rise today in support of H.R. 3801, the 
Education Sciences Reform Act of 2002. As a member of the Education and 
Workforce committee, I am proud to have been a part of the bipartisan 
effort to strengthen the quality of public education in all regions of 
the country. This bill restructures the Office of Education Research 
and Improvement, OERI, first authorized in 1994, maintaining the 
regional support structures to help our schools succeed.
  This issue is of special importance to the people of my district in 
western Wisconsin. The small, rural schools of my district strive to 
provide quality educational opportunities for their students, but need 
a support structure to help implement the many changes recently 
required by the Federal Government in the No Child Left Behind Act. 
OERI provides such a structure through regional laboratories and 
comprehensive centers. During reauthorization, I advocated for the 
continued funding of these regional entities that provide applied 
research and development along with technical assistance to schools in 
rural areas. At the same time, I support the need for a competitive 
environment geared toward performance-oriented funding for these 
regional entities. Without this type of regional structure, there would 
be no guarantee that schools such as those in my district would 
continue to receive these services.
  The comprehensive centers and regional educational laboratories are 
invaluable resources for providing quality education to children in our 
small, rural schools. The mission of the regional comprehensive center 
is to provide technical assistance to schools and districts, while the 
regional labs create strategies to promote student improvement through 
applied research. Schools in rural areas are often faced with the 
challenges of serving a community with a small population, making it 
difficult to maintain adequate funding and a strong technology 
infrastructure. The labs and comprehensive centers offer the assistance 
needed to meet the needs of students in these areas. By supporting 
these entities, children in rural schools can be afforded the same 
types of educational tools that their counterparts in large, more urban 
schools receive: access to educational technologies, enrichment in math 
and science, and gifted and talented education, all of which help 
prepare our children everywhere for the workforce of the future.
  In particular, the Wisconsin Center for Education Research, located 
in my home State, is able to provide schools with the tools they need 
for success. This comprehensive center at the University of Wisconsin-
Madison School of Education provides services to Iowa, Michigan, 
Minnesota, North Dakota, South Dakota, and Wisconsin. All of these 
States contain a large number of small, rural schools in need of the 
technical assistance and applied research to continue providing quality 
education to the students of their districts. The Wisconsin Center 
provides proven, quality research dedicated to improving education for 
students of all ages, and is indeed one of the premier comprehensive 
centers in the Nation.
  Mr. Speaker, I am proud to have been a part of the committee that 
recognized the importance of strong research and evaluation in 
providing quality education to students of our country. I would like to 
thank the subcommittee chairman from Delaware, Mr. Castle, the ranking 
member from Michigan, Mr. Kildee, and the other members of the 
subcommittee for the continued efforts to make this bipartisan bill as 
strong as possible. Through our efforts we will continue to ensure that 
no child is left behind in our education system.
  Mr. GEORGE MILLER of California. Mr. Speaker, I want to first applaud 
the achievement of Chairman Castle and Congressman Kildee and their 
staffs for their work on this bill. Both members have championed the 
need for quality education research and this legislation reflects their 
leadership on this issue.
  H.R. 3801 complements the bipartisan effort that started with the No 
Child Left Behind Act. In that landmark reform measure, states and 
schools district are now accountable for providing a quality education 
to all children. And, the availability of scientifically based research 
that demonstrates what works and what doesn't work will be critical in 
this effort. H.R. 3801 establishes the framework to make this happen.
  This legislation injects a much needed culture of science into 
education research through the newly established Academy of Education 
Sciences.
  The Academy will be responsible for ensuring that the research used 
by school districts in their reform efforts will be of the highest 
quality and meet the highest standards. The Academy will also conduct 
new research and be the arm through which this research is disseminated 
to the field.
  H.R. 3801 will bring research directly into the classroom where it is 
needed the most. Through a system of regional technical assistance, 
school districts will be able to receive support tailored to their 
needs.
  And, perhaps most important this legislation authorizes a new level 
of investment in education research to match the demand for quality 
science on what works to improve education.
  Again, I commend the work of my colleagues Congressmen Castle and 
Kildee and look forward to working with them as it continues through 
the legislative process.
  Again, I want to applaud the work of the chairman and ranking member.
  Mr. SMITH of Michigan. Mr. Speaker, I rise in support of the 
Education Science Reform Act.
  As one famous scientist observed, ``It is nothing short of a miracle 
that the modern methods of instruction have not yet entirely strangled 
the holy curiosity of enquiry.'' That scientist was Albert Einstein, 
and its apparent that since his day things haven't changed all that 
much.
  Our colleges and universities are still the best in the world, but as 
international tests

[[Page H1743]]

show, U.S.K.-12 students do not measure up to their peers in other 
industrialized countries.
  As Chairman of the Subcommittee on Research, we have been advocating 
that we devote more of our education research funding to research on 
how kids learn. Our current knowledge of how children acquire such 
academic skills as reading and math is not well advanced. Further, we 
know very little about the how to link fundamental research and 
educational practice in the classroom.
  We have to find out what works in the classroom, and what doesn't. In 
hearings before my subcommittee, we have found that new teaching 
methods and technologies are often introduced into classrooms with 
little or no data showing that they are effective.
  This is unfortunate, and it means that many of our kids will not be 
prepared for the high-tech future. If we want to do a better job of 
imparting to students the skills they need to be successful in science 
and math, we have to employ the most effective teaching methods from 
kindergarten to college. To help do that, we must conduct the kind of 
research and date collections to better discover what works.
  Currently, federal funding for education research is a fraction of a 
percent of all education spending. It stands to reason that increasing 
funding in this area will allow us to develop policies and programs 
that will spend the other 99+ percent of funding on education programs 
more effectively.
  I am pleased that National Mathematics and Science Partnerships Act, 
which passed the House last summer, contains language I proposed to 
have NSF establish centers for education research. These 
multidisciplinary centers will focus on research that has the potential 
to transform education research and teaching practice.
  Complementing this effort is the work being done by the Department of 
Education authorized in this bill. I am particularly pleased that the 
bill establishes ``scientifically-based research standards'' for this 
program. Witnesses before my subcommittee testified to the shortcomings 
of the research being conducted by the Education Department. This 
legislation brings scientific rigor to an area of research that often 
lacks it, and I want to commend the gentleman from Delaware, Mr. 
Castle, and the Chairman of the Education Committee, Mr. Boehner, for 
their work in making this needed reform.
  Mr. Speaker, it is in this country's best interest to see that 
students receive the education they will need to compete and win in the 
global marketplace of the future. This bill will help us achieve that 
goal.
  Mr. HOLT. Mr. Speaker, I rise today to speak on HR 3801, the 
Education Sciences Reform Act. The bill restructures the current 
statute governing the Office of Educational Research and Improvement by 
creating the Academy of Education Sciences.
  While there are many positive things in this bill, it also has a 
number of weaknesses that should be addressed. Unfortunately, because 
this bill is on the suspension calendar, we will not get a chance to 
amend it. This legislation is missing two important initiatives, the 
Eisenhower Regional Mathematics and Science Consortia and the 
Eisenhower National Clearinghouse.
  We must continue to make science education a priority in order to be 
prepared to compete in the global market place.
  One way of doing this is the Eisenhower Regional Mathematics and 
Science Consortia. Currently, the 10 regional Eisenhower Mathematics 
and Science Consortia provide expert, research-based advice to 
teachers, schools, and states on how to improve their math and science 
programs and accountability systems.
  The Consortia have economies of scale for expert staff and programs 
that most school districts could never duplicate; and as a network, 
their use of Federal resources is even more efficient.
  With their regional partners, the Consortia provide professional 
development and technical assistance that enables teachers and 
policymakers learn from math and science research in their efforts to 
improve math and science teaching and learning.
  The Consortia work with National Science Foundation to disseminate 
exemplary teaching methods for science and math.
  The Consortia coordinate resources on math and science within their 
regions to maximize their collective impact.
  The Consortia deliver customized services without red tape. Without 
the Consortia, teachers and administrators must procure other funds 
with the associated paperwork for assistance that the Consortia 
proactively supply without administrative burdens.
  The other important science and mathematics institution is the 
Eisenhower National Clearinghouse.
  The Eisenhower National Clearinghouse acquires and catalogs 
mathematics and science curriculum resources, creating the most 
comprehensive collection in the nation.
  The clearinghouse provides the best selection of math and science 
education resources on the Internet.
  The clearinghouse also supports teachers' professional development in 
math, science, and the effective use of technology.
  Most importantly it serves all K-12 educators, parents, and students 
with free products and services. To help them do the best possible job 
of teaching math and science to our kids.
  We must supply the resources for our schools and teachers for math 
and science education. Giving all children an understanding of science 
is one of the greatest challenges facing our nation today. The degree 
to which our children acquire these important skills will help 
determine their future economic success and, in turn, will help shape 
the productivity and economic future of the entire United States.
  A quality science education is important for reasons of economics or 
national security. But it is also important for personal well-being and 
for the well-being of our democracy.
  Science brings order, harmony, and balance to our lives. It teaches 
us that our world is intelligible and not capricious. They give us the 
skill for lifelong learning, for creating progress itself.
  Mr. Speaker, this bill will pass today, but as it moves forward we 
should correct this oversight regarding the Eisenhower Regional 
Mathematics and Science Consortia and the Eisenhower National 
Clearinghouse.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Whitfield). The question is on the 
motion offered by the gentleman from Delaware (Mr. Castle) that the 
House suspend the rules and pass the bill, H.R. 3801, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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