[Congressional Record Volume 148, Number 133 (Thursday, October 10, 2002)]
[House]
[Pages H7859-H7887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DISPOSING OF VARIOUS LEGISLATIVE MEASURES

  Mr. ARMEY. Mr. Speaker, I send a unanimous consent request to the 
desk.
  The SPEAKER pro tempore (Mr. Simpson). The Clerk will report the 
unanimous consent request.
  The Clerk read as follows:

       Mr. Armey asks unanimous consent that the House
       (1) Be considered to have discharged from the committee and 
     passed H.R. 5316, H.R. 5574, H.R. 5361, H.R. 5439, Senate 
     2558, H.R. 5349, H.R. 5598, H.R. 5601, H.R. 670, H.R. 669, 
     and H.R. 5205;
       (2) Be considered to have discharged from committee and 
     agreed to House Concurrent Resolution 406, House Resolution 
     542, House Resolution 572, House Concurrent Resolution 504, 
     House Resolution 532, House Resolution 571, and House 
     Concurrent Resolution 467;
       (3) Be considered to have discharged from committee, 
     amended, and agreed to House Resolution 410, House Concurrent 
     Resolution 486, House Concurrent Resolution 487 in the 
     respective forms placed at the desk;
       (4) Be considered to have amended and passed H.R. 5400 by 
     the committee amendment placed at the desk; and
       (5) That the committees being discharged be printed in the 
     Record, the texts of each measure and any amendment thereto 
     be considered as read and printed in the Record, and that 
     motions to reconsider each of these actions be laid upon the 
     table.

  The SPEAKER pro tempore. The Chair will entertain this combined 
request under the Speaker's guidelines as recorded on page 712 of the 
Manual with assurances that it has been cleared by the bipartisan floor 
and all committee leaderships.
  The Clerk will report the titles of the various bills and the 
resolutions.
  The Clerk read as follows:


   Discharged from the Committee on Agriculture and the Committee on 
                          Resources and Passed

  H.R. 5316, to establish a user fee system that provides for an 
equitable return to the Federal Government for the occupancy and use of 
National Forest System lands and facilities by organizational camps 
that serve the youth and disabled adults of America, and for other 
purposes.

                               H.R. 5316

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Forest 
     Organizational Camp Fee Improvement Act of 2002''.

     SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS.

       (a) Findings.--Congress finds the following:
       (1) Organizational camps, such as those administered by the 
     Boy Scouts, Girl Scouts, and faith-based and community-based 
     organizations, provide a valuable service to young people, 
     individuals with a disability, and their families by 
     promoting physical, mental, and spiritual health through 
     activities conducted in a natural environment.
       (2) The 192,000,0000 acres of national forests and 
     grasslands of the National Forest System managed for multiple 
     uses by the Forest Service provides an ideal setting for such 
     organizational camps.
       (3) The Federal Government should charge land use fees for 
     the occupancy and use of National Forest System lands by such 
     organizational camps that, while based on the fair market 
     value of the land in use, also recognize the benefits 
     provided to society by such organizational camps, do not 
     preclude the ability of such organizational camps from 
     utilizing these lands, and permit capital investment in, and 
     maintenance of, camp facilities by such organizational camps 
     or their sponsoring organizations.

[[Page H7860]]

       (4) Organizational camps should--
       (A) ensure that their facilities meet applicable building 
     and safety codes, including fire and health codes;
       (B) have annual inspections as required by local law, 
     including at a minimum inspections for fire and food safety; 
     and
       (C) have in place safety plans that address fire and 
     medical emergencies and encounters with wildlife.
       (b) Purpose.--It is the purpose of this Act to establish a 
     land use fee system that provides for an equitable return to 
     the Federal Government for the occupancy and use of National 
     Forest System lands by organizational camps that serve young 
     people or individuals with a disability.
       (c) Definitions.--In this Act:
       (1) The term ``organizational camp'' means a public or 
     semipublic camp that--
       (A) is developed on National Forest System lands by a 
     nonprofit organization or governmental entity;
       (B) provides a valuable service to the public by using such 
     lands as a setting to introduce young people or individuals 
     with a disability to activities that they may not otherwise 
     experience and to educate them on natural resource issues; 
     and
       (C) does not have as its primary purpose raising revenue 
     through commercial activities.
       (2) The term ``Secretary'' means the Secretary of 
     Agriculture, acting through the Chief of the Forest Service.
       (3) The term ``individual with a disability'' has the 
     meaning given the term in section 7(20) of the Rehabilitation 
     Act of 1973 (29 U.S.C. 705(20)).
       (4) The term ``children at risk'' means children who are 
     raised in poverty or in single-parent homes or are subject to 
     such circumstances as parental drug abuse, homelessness, or 
     child abuse.
       (5) The term ``change in control'' means--
       (A) for a corporation, the sale or transfer of a 
     controlling interest in the corporation;
       (B) for a partnership or limited liability company, the 
     sale or transfer of a controlling interest in the partnership 
     or limited liability company; and
       (C) for an individual, the sale or transfer or an 
     organizational camp subject to this Act to another party.

     SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM 
                   LANDS AND FACILITIES BY ORGANIZATIONAL CAMPS.

       (a) Land Use Fee.--
       (1) Percentage of land value.--The Secretary shall charge 
     an annual land use fee for each organizational camp for its 
     occupancy and use of National Forest System lands equal to 
     five percent of the product of the following:
       (A) The total number of acres of National Forest System 
     lands authorized for the organizational camp.
       (B) The estimated per-acre market value of land and 
     buildings in the county where the camp is located, as 
     reported in the most recent Census of Agriculture conducted 
     by the National Agricultural Statistics Service.
       (2) Annual adjustment.--The land use fee determined under 
     paragraph (1) for an organizational camp shall be adjusted 
     annually by the annual compounded rate of change between the 
     two most recent Censuses of Agriculture.
       (3) Reduction in fees.--
       (A) Type of participants.--The Secretary shall reduce the 
     land use fee determined under paragraph (1) proportionate to 
     the number of individuals with a disability and children at 
     risk who annually attend the organizational camp.
       (B) Type of programs.--After making the reduction required 
     by subparagraph (A), the Secretary shall reduce the remaining 
     land use fee amount by up to 60 percent, proportionate to the 
     number of persons who annually attend the organizational camp 
     who participate in youth programs through organized and 
     supervised social, citizenship, character-building, or faith-
     based activities oriented to outdoor-recreation experiences.
       (C) Relation to minimum fee.--The reductions made under 
     this paragraph may not reduce the land use fee for an 
     organizational camp below the minimum land use fee required 
     to be charged under paragraph (4).
       (D) Special considerations.--For purposes of determining 
     the amount of the land use fee reduction required under 
     subparagraph (A) or (B), the Secretary may not take into 
     consideration the existence of sponsorships or scholarships 
     to assist persons in attending the organizational camp.
       (4) Minimum land use fee.--The Secretary shall charge a 
     minimum land use fee under paragraph (1) that represents, on 
     average, the Secretary's cost annually to administer an 
     organizational camp special use authorization in the National 
     Forest Region in which the organizational camp is located. 
     Notwithstanding paragraph (3) or subsection (d), the minimum 
     land use fee shall not be subject to a reduction or waiver.
       (b) Facility Use Fee.--
       (1) Percentage of facilities value.--If an organizational 
     camp uses a Government-owned facility on National Forest 
     System lands pursuant to section 7 of the Act of April 24, 
     1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 
     580d), the Secretary shall charge, in addition to the land 
     use fee imposed under subsection (a), a facility use fee 
     equal to five percent of the value of the authorized 
     facilities, as determined by the Secretary.
       (2) Reduction in fees prohibited.--Notwithstanding 
     subsection (d), the facility use fees determined under 
     paragraph (1) shall not be subject to a reduction or waiver.
       (c) Fee Related to Receipt of Other Revenues.--If an 
     organizational camp derives revenue from the use of National 
     Forest System lands or authorized facilities described in 
     subsection (b) for purposes other than to introduce young 
     people or individuals with a disability to activities that 
     they may not otherwise experience and to educate them on 
     natural resource issues, the Secretary shall charge, in 
     addition to the land use fee imposed under subsection (a) 
     and the facility use fee imposed under subsection (b), an 
     additional fee equal to five percent of that revenue.
       (d) Work-In-Lieu Program.--Subject to subsections (a)(4) 
     and (b)(2), section 3 of the Federal Timber Contract Payment 
     Modification Act (16 U.S.C. 539f) shall apply to the use fees 
     imposed under this section.

     SEC. 4. IMPLEMENTATION.

       (a) Prompt Implementation.--The Secretary shall issue 
     direction regarding implementation of this Act by interim 
     directive within 180 days after the date of the enactment of 
     this Act. The Secretary shall implement this Act beginning 
     with the first billing cycle for organizational camp special 
     use authorizations occurring more than 180 days after the 
     date of the enactment of this Act.
       (b) Phase-In of Use Fee Increases.--In issuing any 
     direction regarding implementation of this Act under 
     subsection (a), the Secretary shall consider whether to 
     phase-in any significant increases in annual land or facility 
     use fees for organizational camps.

     SEC. 5. RELATIONSHIP TO OTHER LAWS.

       Except as specifically provided by this Act, nothing in 
     this Act supersedes or otherwise affects any provision of 
     law, regulation, or policy regarding the issuance or 
     administration of authorizations for organizational camps 
     regarding the occupancy and use of National Forest System 
     lands.

     SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES.

       (a) Deposit and Availability.--Unless subject to section 7 
     of the Act of April 24, 1950 (commonly known as the Granger-
     Thye Act; 16 U.S.C. 580d), use fees collected by the 
     Secretary under this Act shall be deposited in a special 
     account in the Treasury and shall remain available to the 
     Secretary for expenditure, without further appropriation 
     until expended, for the purposes described in subsection (c).
       (b) Transfer.--Upon request of the Secretary, the Secretary 
     of the Treasury shall transfer to the Secretary from the 
     special account such amounts as the Secretary may request. 
     The Secretary shall accept and use such amounts in accordance 
     with subsection (c).
       (c) Use.--Use fees deposited pursuant to subsection (a) and 
     transferred to the Secretary under subsection (b) shall be 
     expended for monitoring of Forest Service special use 
     authorizations, administration of the Forest Service's 
     special program, interpretive programs, environmental 
     analysis, environmental restoration, and similar purposes.

     SEC. 7. MINISTERIAL ISSUANCE, OR AMENDMENT AUTHORIZATION.

       (a) NEPA Exception.--The ministerial issuance or amendment 
     of an organizational camp special use authorization shall not 
     be subject to the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       (b) Rule of Construction.--For purposes of subsection (a), 
     the ministerial issuance or amendment of an authorization 
     occurs only when the issuance or amendment of the 
     authorization would not change the physical environment or 
     the activities, facilities, or program of the operations 
     governed by the authorization, and at least one of the 
     following apply:
       (1) The authorization is issued upon a change in control of 
     the holder of an existing authorization.
       (2) The holder, upon expiration of an authorization, is 
     issued a new authorization.
       (3) The authorization is amended--
       (A) to effectuate administrative changes, such as 
     modification of the land use fee or conversion to a new 
     special use authorization form; or
       (B) to include nondiscretionary environmental standards or 
     to conform with current law.

     Discharged from the Committee on Government Reform and Passed

  H.R. 5574, to designate the facility of the United States Postal 
Service located at 206 South Main Street in Glennville, Georgia, as the 
``Michael Lee Woodcock Post Office''.

                               H.R. 5574

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

     SECTION 1. MICHAEL LEE WOODCOCK POST OFFICE.

         (a) Designation.--The facility of the United States 
     Postal Service located at 206 South Main Street in 
     Glennville, Georgia, shall be known and designated as the 
     ``Michael Lee Woodcock Post Office''.
         (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the Michael Lee Woodcock Post Office.


[[Page H7861]]




     Discharged from the Committee on Government Reform and Passed

  H.R. 5361, to designate the facility of the United States Postal 
Service located at 1830 South Lake Drive in Lexington, South Carolina, 
as the ``Floyd Spence Post Office Building''.

                               H.R. 5361

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

     SECTION 1. FLOYD SPENCE POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 1830 South Lake Drive in Lexington, South 
     Carolina, shall be known and designated as the ``Floyd Spence 
     Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the Floyd Spence Post Office Building.

     Discharged from the Committee on Government Reform and Passed

  H.R. 5439, to designate the facility of the United States Postal 
Service located at 111 West Washington Street in Bowling Green, Ohio, 
as the ``Delbert L. Latta Post Office Building''.

                               H.R. 5439

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

     SECTION 1. DELBERT L. LATTA POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 111 West Washington Street in Bowling 
     Green, Ohio, shall be known and designated as the ``Delbert 
     L. Latta Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the Delbert L. Latta Post Office Building.

    Discharged from the Committee on Energy and Commerce and Passed

  Senate 2558, to amend the Public Health Service Act to provide for 
the collection of data on benign brain-related tumors through the 
national program of cancer registries.

                                S. 2558

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Benign Brain Tumor Cancer 
     Registries Amendment Act''.

     SEC. 2. NATIONAL PROGRAM OF CANCER REGISTRIES; BENIGN BRAIN-
                   RELATED TUMORS AS ADDITIONAL CATEGORY OF DATA 
                   COLLECTED.

       (a) In General.--Section 399B of the Public Health Service 
     Act (42 U.S.C. 280e), as redesignated by section 502(2)(A) of 
     Public Law 106-310 (114 Stat. 1115), is amended in subsection 
     (a)--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively and indenting 
     appropriately;
       (2) by striking ``(a) In General.--The Secretary'' and 
     inserting the following:
       ``(a) In General.--
       ``(1) Statewide cancer registries.--The Secretary'';
       (3) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``population-based'' and all that 
     follows through ``data'' and inserting the following: 
     ``population-based, statewide registries to collect, for each 
     condition specified in paragraph (2)(A), data''; and
       (4) by adding at the end the following:
       ``(2) Cancer; benign brain-related tumors.--
       ``(A) In general.--For purposes of paragraph (1), the 
     conditions referred to in this paragraph are the following:
       ``(i) Each form of in-situ and invasive cancer (with the 
     exception of basal cell and squamous cell carcinoma of the 
     skin), including malignant brain-related tumors.
       ``(ii) Benign brain-related tumors.
       ``(B) Brain-related tumor.--For purposes of subparagraph 
     (A):
       ``(i) The term `brain-related tumor' means a listed primary 
     tumor (whether malignant or benign) occurring in any of the 
     following sites:

       ``(I) The brain, meninges, spinal cord, cauda equina, a 
     cranial nerve or nerves, or any other part of the central 
     nervous system.
       ``(II) The pituitary gland, pineal gland, or 
     craniopharyngeal duct.

       ``(ii) The term `listed', with respect to a primary tumor, 
     means a primary tumor that is listed in the International 
     Classification of Diseases for Oncology (commonly referred to 
     as the ICD-O).
       ``(iii) The term `International Classification of Diseases 
     for Oncology' means a classification system that includes 
     topography (site) information and histology (cell type 
     information) developed by the World Health Organization, in 
     collaboration with international centers, to promote 
     international comparability in the collection, 
     classification, processing, and presentation of cancer 
     statistics. The ICD-O system is a supplement to the 
     International Statistical Classification of Diseases and 
     Related Health Problems (commonly known as the ICD) and is 
     the standard coding system used by cancer registries 
     worldwide. Such term includes any modification made to such 
     system for purposes of the United States. Such term further 
     includes any published classification system that is 
     internationally recognized as a successor to the 
     classification system referred to in the first sentence of 
     this clause.
       ``(C) Statewide cancer registry.--References in this 
     section to cancer registries shall be considered to be 
     references to registries described in this subsection.''.
       (b) Applicability.--The amendments made by subsection (a) 
     apply to grants under section 399B of the Public Health 
     Service Act for fiscal year 2002 and subsequent fiscal years, 
     except that, in the case of a State that received such a 
     grant for fiscal year 2000, the Secretary of Health and Human 
     Services may delay the applicability of such amendments to 
     the State for not more than 12 months if the Secretary 
     determines that compliance with such amendments requires the 
     enactment of a statute by the State or the issuance of State 
     regulations.

     Discharged from the Committee on Government Reform and Passed

  H.R. 5349, to facilitate the use of a portion of the former O'Reilly 
General Hospital in Springfield, Missouri, by the local Boys and Girls 
Club through the release of the reversionary interest and other 
interests retained by the United States in 1955 when the land was 
conveyed to the State of Missouri.

                               H.R. 5349

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

     SECTION 1. RELEASE OF RETAINED RIGHTS, INTERESTS, AND 
                   RESERVATIONS, FORMER O'REILLY GENERAL HOSPITAL, 
                   SPRINGFIELD, MISSOURI.

       (a) Release Required.--Notwithstanding the first section of 
     the Act of August 9, 1955 (chapter 661; 69 Stat. 592), the 
     Administrator of General Services shall release, without 
     consideration, all right, title, and interest retained by the 
     United States in and to the portion of the former O'Reilly 
     General Hospital in Springfield, Missouri, conveyed to the 
     State of Missouri pursuant to such Act.
       (b) Instrument of Release.--As soon as possible after the 
     date of the enactment of this Act, the Administrator of 
     General Services shall execute and file in the appropriate 
     office a deed of release, amended deed, or other appropriate 
     instrument effectuating the release of interests required by 
     subsection (a).

Discharged from the Committee on Education and the Workforce and Passed

  H.R. 5598, to provide for improvement of Federal education research, 
statistics, evaluation, information, and dissemination, and for other 
purposes.

                               H.R. 5598

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

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Table of contents.

                   TITLE I--EDUCATION SCIENCES REFORM

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

              Part A--The Institute of Education Sciences

Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.

             Part B--National Center for Education Research

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

            Part C--National Center for Education Statistics

Sec. 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 and Regional 
                               Assistance

Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional 
              Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, 
              dissemination, and technical assistance.

[[Page H7862]]

                       Part E--General Provisions

Sec. 181. Interagency data sources and formats.
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.

               TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE

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

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

                    TITLE IV--AMENDATORY PROVISIONS

Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.

                   TITLE I--EDUCATION SCIENCES REFORM

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

       In this title:
       (1) In general.--The terms ``elementary school'', 
     ``secondary school'', ``local educational agency'', and 
     ``State educational agency'' have the meanings given those 
     terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801) and the terms ``freely 
     associated states'' and ``outlying area'' have the meanings 
     given those terms in section 1121(c) of such Act (20 U.S.C. 
     6331(c)).
       (2) Applied research.--The term ``applied research'' means 
     research--
       (A) to gain knowledge or understanding necessary for 
     determining the means by which a recognized and specific need 
     may be met; and
       (B) that is specifically directed to the advancement of 
     practice in the field of education.
       (3) Basic research.--The term ``basic research'' means 
     research--
       (A) to gain fundamental knowledge or understanding of 
     phenomena and observable facts, without specific application 
     toward processes or products; and
       (B) for the advancement of knowledge in the field of 
     education.
       (4) Board.--The term ``Board'' means the National Board for 
     Education Sciences established under section 116.
       (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (6) Comprehensive center.--The term ``comprehensive 
     center'' means an entity established under section 203 of the 
     Educational Technical Assistance Act of 2002.
       (7) Department.--The term ``Department'' means the 
     Department of Education.
       (8) Development.--The term ``development'' means the 
     systematic use of knowledge or understanding gained from the 
     findings of scientifically valid research and the shaping of 
     that knowledge or understanding into products or processes 
     that can be applied and evaluated and may prove useful in 
     areas such as the preparation of materials and new methods of 
     instruction and practices in teaching, that lead to the 
     improvement of the academic skills of students, and that are 
     replicable in different educational settings.
       (9) Director.--The term ``Director'' means the Director of 
     the Institute of Education Sciences.
       (10) Dissemination.--The term ``dissemination'' means the 
     communication and transfer of the results of scientifically 
     valid research, statistics, and evaluations, in forms that 
     are understandable, easily accessible, and usable, or 
     adaptable for use in, the improvement of educational practice 
     by teachers, administrators, librarians, other practitioners, 
     researchers, parents, policymakers, and the public, through 
     technical assistance, publications, electronic transfer, and 
     other means.
       (11) Early childhood educator.--The term ``early childhood 
     educator'' means a person providing, or employed by a 
     provider of, nonresidential child care services (including 
     center-based, family-based, and in-home child care services) 
     that is legally operating under State law, and that complies 
     with applicable State and local requirements for the 
     provision of child care services to children at any age from 
     birth through the age at which a child may start kindergarten 
     in that State.
       (12) Field-initiated research.--The term ``field-initiated 
     research'' means basic research or applied research in which 
     specific questions and methods of study are generated by 
     investigators (including teachers and other practitioners) 
     and that conforms to standards of scientifically valid 
     research.
       (13) Historically black college or university.--The term 
     ``historically Black college or university'' means a part B 
     institution as defined in section 322 of the Higher Education 
     Act of 1965 (20 U.S.C. 1061).
       (14) Institute.--The term ``Institute'' means the Institute 
     of Education Sciences established under section 111.
       (15) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (16) National research and development center.--The term 
     ``national research and development center'' means a research 
     and development center supported under section 133(c).
       (17) Provider of early childhood services.--The term 
     ``provider of early childhood services'' means a public or 
     private entity that serves young children, including--
       (A) child care providers;
       (B) Head Start agencies operating Head Start programs, and 
     entities carrying out Early Head Start programs, under the 
     Head Start Act (42 U.S.C. 9831 et seq.);
       (C) preschools;
       (D) kindergartens; and
       (E) libraries.
       (18) Scientifically based research standards.--(A) The term 
     ``scientifically based research standards'' means research 
     standards that--
       (i) apply rigorous, systematic, and objective methodology 
     to obtain reliable and valid knowledge relevant to education 
     activities and programs; and
       (ii) present findings and make claims that are appropriate 
     to and supported by the methods that have been employed.
       (B) The term includes, appropriate to the research being 
     conducted--
       (i) employing systematic, empirical methods that draw on 
     observation or experiment;
       (ii) involving data analyses that are adequate to support 
     the general findings;
       (iii) relying on measurements or observational methods that 
     provide reliable data;
       (iv) making claims of causal relationships only in random 
     assignment experiments or other designs (to the extent such 
     designs substantially eliminate plausible competing 
     explanations for the obtained results);
       (v) ensuring that studies and methods are presented in 
     sufficient detail and clarity to allow for replication or, at 
     a minimum, to offer the opportunity to build systematically 
     on the findings of the research;
       (vi) obtaining acceptance by a peer-reviewed journal or 
     approval by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review; and
       (vii) using research designs and methods appropriate to the 
     research question posed.
       (19) Scientifically valid education evaluation.--The term 
     ``scientifically valid education evaluation'' means an 
     evaluation that--
       (A) adheres to the highest possible standards of quality 
     with respect to research design and statistical analysis;
       (B) provides an adequate description of the programs 
     evaluated and, to the extent possible, examines the 
     relationship between program implementation and program 
     impacts;
       (C) provides an analysis of the results achieved by the 
     program with respect to its projected effects;
       (D) employs experimental designs using random assignment, 
     when feasible, and other research methodologies that allow 
     for the strongest possible causal inferences when random 
     assignment is not feasible; and
       (E) may study program implementation through a combination 
     of scientifically valid and reliable methods.
       (20) Scientifically valid research.--The term 
     ``scientifically valid research'' includes applied research, 
     basic research, and field-initiated research in which the 
     rationale, design, and interpretation are soundly developed 
     in accordance with scientifically based research standards.
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (22) State.--The term ``State'' includes (except as 
     provided in section 158) each of the 50 States, the District 
     of Columbia, the Commonwealth of Puerto Rico, the freely 
     associated states, and the outlying areas.
       (23) Technical assistance.--The term ``technical 
     assistance'' means--
       (A) assistance in identifying, selecting, or designing 
     solutions based on research, including professional 
     development and high-quality training to implement solutions 
     leading to--
       (i) improved educational and other practices and classroom 
     instruction based on scientifically valid research; and
       (ii) improved planning, design, and administration of 
     programs;
       (B) assistance in interpreting, analyzing, and utilizing 
     statistics and evaluations; and
       (C) other assistance necessary to encourage the improvement 
     of teaching and learning through the applications of 
     techniques supported by scientifically valid research.

              PART A--THE INSTITUTE OF EDUCATION SCIENCES

     SEC. 111. ESTABLISHMENT.

       (a) Establishment.--There shall be in the Department the 
     Institute of Education

[[Page H7863]]

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

     SEC. 112. FUNCTIONS.

       From funds appropriated under section 194, the Institute, 
     directly or through grants, contracts, or cooperative 
     agreements, shall--
       (1) conduct and support scientifically valid research 
     activities, including basic research and applied research, 
     statistics activities, scientifically valid education 
     evaluation, development, and wide dissemination;
       (2) widely disseminate the findings and results of 
     scientifically valid research in education;
       (3) promote the use, development, and application of 
     knowledge gained from scientifically valid research 
     activities;
       (4) strengthen the national capacity to conduct, develop, 
     and widely disseminate scientifically valid research in 
     education;
       (5) promote the coordination, development, and 
     dissemination of scientifically valid research in education 
     within the Department and the Federal Government; and
       (6) promote the use and application of research and 
     development to improve practice in the classroom.

     SEC. 113. DELEGATION.

       (a) Delegation of Authority.--Notwithstanding section 412 
     of the Department of Education Organization Act (20 U.S.C. 
     3472), the Secretary shall delegate to the Director all 
     functions for carrying out this title (other than 
     administrative and support functions), except that--
       (1) nothing in this title or in the National Assessment of 
     Educational Progress Authorization Act (except section 
     302(e)(1)(J) of such Act) shall be construed to alter or 
     diminish the role, responsibilities, or authority of the 
     National Assessment Governing Board with respect to the 
     National Assessment of Educational Progress (including with 
     respect to the methodologies of the National Assessment of 
     Educational Progress described in section 302(e)(1)(E)) from 
     those authorized by the National Education Statistics Act of 
     1994 (20 U.S.C. 9001 et seq.) on the day before the date of 
     enactment of this Act;
       (2) members of the National Assessment Governing Board 
     shall continue to be appointed by the Secretary;
       (3) section 302(f)(1) of the National Assessment of 
     Educational Progress Authorization Act shall apply to the 
     National Assessment Governing Board in the exercise of its 
     responsibilities under this Act;
       (4) sections 115 and 116 shall not apply to the National 
     Assessment of Educational Progress; and
       (5) sections 115 and 116 shall not apply to the National 
     Assessment Governing Board.
       (b) Other Activities.--The Secretary may assign the 
     Institute responsibility for administering other activities, 
     if those activities are consistent with--
       (1) the Institute's priorities, as approved by the National 
     Board for Education Sciences under section 116, and the 
     Institute's mission, as described in section 111(b); or
       (2) the Institute's mission, but only if those activities 
     do not divert the Institute from its priorities.

     SEC. 114. OFFICE OF THE DIRECTOR.

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

     SEC. 115. PRIORITIES.

       (a) Proposal.--The Director shall propose to the Board 
     priorities for the Institute (taking into consideration long-
     term research and development on core issues conducted 
     through the national research and development centers). The 
     Director shall identify topics that may require long-term 
     research and topics that are focused on understanding

[[Page H7864]]

     and solving particular education problems and issues, 
     including those associated with the goals and requirements 
     established in the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) and the Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.), such as--
       (1) closing the achievement gap between high-performing and 
     low-performing children, especially achievement gaps between 
     minority and nonminority children and between disadvantaged 
     children and such children's more advantaged peers; and
       (2) ensuring--
       (A) that all children have the ability to obtain a high-
     quality education (from early childhood through postsecondary 
     education) and reach, at a minimum, proficiency on 
     challenging State academic achievement standards and State 
     academic assessments, particularly in mathematics, science, 
     and reading or language arts;
       (B) access to, and opportunities for, postsecondary 
     education; and
       (C) the efficacy, impact on academic achievement, and cost-
     effectiveness of technology use within the Nation's schools.
       (b) Approval.--The Board shall approve or disapprove the 
     priorities for the Institute proposed by the Director, 
     including any necessary revision of those priorities. The 
     Board shall transmit any priorities so approved to the 
     appropriate congressional committees.
       (c) Consistency.--The Board shall ensure that priorities of 
     the Institute and the National Education Centers are 
     consistent with the mission of the Institute.
       (d) Public Availability and Comment.--
       (1) Priorities.--Before submitting to the Board proposed 
     priorities for the Institute, the Director shall make such 
     priorities available to the public for comment for not less 
     than 60 days (including by means of the Internet and through 
     publishing such priorities in the Federal Register). The 
     Director shall provide to the Board a copy of each such 
     comment submitted.
       (2) Plan.--Upon approval of such priorities, the Director 
     shall make the Institute's plan for addressing such 
     priorities available for public comment in the same manner as 
     under paragraph (1).

     SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.

       (a) Establishment.--The Institute shall have a board of 
     directors, which shall be known as the National Board for 
     Education Sciences.
       (b) Duties.--The duties of the Board shall be the 
     following:
       (1) To advise and consult with the Director on the policies 
     of the Institute.
       (2) To consider and approve priorities proposed by the 
     Director under section 115 to guide the work of the 
     Institute.
       (3) To review and approve procedures for technical and 
     scientific peer review of the activities of the Institute.
       (4) To advise the Director on the establishment of 
     activities to be supported by the Institute, including the 
     general areas of research to be carried out by the National 
     Center for Education Research.
       (5) To present to the Director such recommendations as it 
     may find appropriate for--
       (A) the strengthening of education research; and
       (B) the funding of the Institute.
       (6) To advise the Director on the funding of applications 
     for grants, contracts, and cooperative agreements for 
     research, after the completion of peer review.
       (7) To review and regularly evaluate the work of the 
     Institute, to ensure that scientifically valid research, 
     development, evaluation, and statistical analysis are 
     consistent with the standards for such activities under this 
     title.
       (8) To advise the Director on ensuring that activities 
     conducted or supported by the Institute are objective, 
     secular, neutral, and nonideological and are free of partisan 
     political influence and racial, cultural, gender, or regional 
     bias.
       (9) To solicit advice and information from those in the 
     educational field, particularly practitioners and 
     researchers, to recommend to the Director topics that require 
     long-term, sustained, systematic, programmatic, and 
     integrated research efforts, including knowledge utilization 
     and wide dissemination of research, consistent with the 
     priorities and mission of the Institute.
       (10) To advise the Director on opportunities for the 
     participation in, and the advancement of, women, minorities, 
     and persons with disabilities in education research, 
     statistics, and evaluation activities of the Institute.
       (11) To recommend to the Director ways to enhance strategic 
     partnerships and collaborative efforts among other Federal 
     and State research agencies.
       (12) To recommend to the Director individuals to serve as 
     Commissioners of the National Education Centers.
       (c) Composition.--
       (1) Voting members.--The Board shall have 15 voting members 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (2) Advice.--The President shall solicit advice regarding 
     individuals to serve on the Board from the National Academy 
     of Sciences, the National Science Board, and the National 
     Science Advisor.
       (3) Nonvoting ex officio members.--The Board shall have the 
     following nonvoting ex officio members:
       (A) The Director of the Institute 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 
     the following individuals:
       (i) Not fewer than 8 researchers in the field of 
     statistics, evaluation, social sciences, or physical and 
     biological sciences, which may include those researchers 
     recommended by the National Academy of Sciences.
       (ii) Individuals who are knowledgeable about the 
     educational needs of the United States, who may include 
     school-based professional educators, parents (including 
     parents with experience in promoting parental involvement in 
     education), Chief State School Officers, State postsecondary 
     education executives, presidents of institutions of higher 
     education, local educational agency superintendents, early 
     childhood experts, principals, members of State or local 
     boards of education or Bureau-funded school boards, and 
     individuals from business and industry with experience in 
     promoting private sector involvement in education.
       (B) Terms.--Each member appointed under paragraph (1) shall 
     serve for a term of 4 years, except that--
       (i) the terms of the initial members appointed under such 
     paragraph shall (as determined by a random selection process 
     at the time of appointment) be for staggered terms of--

       (I) 4 years for each of 5 members;
       (II) 3 years for each of 5 members; and
       (III) 2 years for each of 5 members; and

       (ii) no member appointed under such paragraph shall serve 
     for more than 2 consecutive terms.
       (C) Unexpired terms.--Any member appointed to fill a 
     vacancy occurring before the expiration of the term for which 
     the member's predecessor was appointed shall be appointed 
     only for the remainder of that term.
       (D) Conflict of interest.--A voting member of the Board 
     shall be considered a special Government employee for the 
     purposes of the Ethics in Government Act of 1978.
       (5) Chair.--The Board shall elect a chair from among the 
     members of the Board.
       (6) Compensation.--Members of the Board shall serve without 
     pay for such service. Members of the Board who are officers 
     or employees of the United States may not receive additional 
     pay, allowances, or benefits by reason of their service on 
     the Board.
       (7) Travel expenses.--The members of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (8) Powers of the board.--
       (A) Executive director.--The Board shall have an Executive 
     Director who shall be appointed by the Board.
       (B) Additional staff.--The Board shall utilize such 
     additional staff as may be appointed or assigned by the 
     Director, in consultation with the Chair and the Executive 
     Director.
       (C) Detail of personnel.--The Board may use the services 
     and facilities of any department or agency of the Federal 
     Government. Upon the request of the Board, the head of any 
     Federal department or agency may detail any of the personnel 
     of that department or agency to the Board to assist the Board 
     in carrying out this Act.
       (D) Contracts.--The Board may enter into contracts or make 
     other arrangements as may be necessary to carry out its 
     functions.
       (E) Information.--The Board may, to the extent otherwise 
     permitted by law, obtain directly from any executive 
     department or agency of the Federal Government such 
     information as the Board determines necessary to carry out 
     its functions.
       (9) Meetings.--The Board shall meet not less than 3 times 
     each year. The Board shall hold additional meetings at the 
     call of the Chair or upon the written request of not less 
     than 6 voting members of the Board. Meetings of the Board 
     shall be open to the public.
       (10) Quorum.--A majority of the voting members of the Board 
     serving at the time of the meeting shall constitute a quorum.
       (d) Standing Committees.--
       (1) Establishment.--The Board may establish standing 
     committees--
       (A) that will each serve 1 of the National Education 
     Centers; and
       (B) to advise, consult with, and make recommendations to 
     the Director and the Commissioner of the appropriate National 
     Education Center.
       (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

[[Page H7865]]

       (C) policymakers and expert practitioners with knowledge 
     of, and experience using, the results of research, 
     evaluation, and statistics who are not members of the Board, 
     but who may have been recommended by the Commissioner of the 
     appropriate National Education Center and approved by the 
     Board.
       (3) Duties.--Each standing committee shall--
       (A) review and comment, at the discretion of the Board or 
     the standing committee, on any grant, contract, or 
     cooperative agreement entered into (or proposed to be entered 
     into) by the applicable National Education Center;
       (B) prepare for, and submit to, the Board an annual 
     evaluation of the operations of the applicable National 
     Education Center;
       (C) review and comment on the relevant plan for activities 
     to be undertaken by the applicable National Education Center 
     for each fiscal year; and
       (D) report periodically to the Board regarding the 
     activities of the committee and the applicable National 
     Education Center.
       (e) Annual Report.--The Board shall submit to the Director, 
     the Secretary, and the appropriate congressional committees, 
     not later than July 1 of each year, a report that assesses 
     the effectiveness of the Institute in carrying out its 
     priorities and mission, especially as such priorities and 
     mission relate to carrying out scientifically valid research, 
     conducting unbiased evaluations, collecting and reporting 
     accurate education statistics, and translating research into 
     practice.
       (f) Recommendations.--The Board shall submit to the 
     Director, the Secretary, and the appropriate congressional 
     committees a report that includes any recommendations 
     regarding any actions that may be taken to enhance the 
     ability of the Institute to carry out its priorities and 
     mission. The Board shall submit an interim report not later 
     than 3 years after the date of enactment of this Act and a 
     final report not later than 5 years after such date of 
     enactment.

     SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

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

     SEC. 118. AGREEMENTS.

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

     SEC. 119. BIENNIAL REPORT.

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

     SEC. 120. COMPETITIVE AWARDS.

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

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

     SEC. 131. ESTABLISHMENT.

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

     SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

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

     SEC. 133. DUTIES.

       (a) General Duties.--The Research Center shall--
       (1) maintain published peer-review standards and standards 
     for the conduct and evaluation of all research and 
     development carried out under the auspices of the Research 
     Center in accordance with this part;
       (2) propose to the Director a research plan that--
       (A) is consistent with the priorities and mission of the 
     Institute and the mission of the Research Center and includes 
     the activities described in paragraph (3); and
       (B) shall be carried out pursuant to paragraph (4) and, as 
     appropriate, be updated and modified;
       (3) carry out specific, long-term research activities that 
     are consistent with the priorities and mission of the 
     Institute, and are approved by the Director;
       (4) implement the plan proposed under paragraph (2) to 
     carry out scientifically valid research that--
       (A) uses objective and measurable indicators, including 
     timelines, that are used to assess the progress and results 
     of such research;
       (B) meets the procedures for peer review established by the 
     Director under section 114(f)(5) and the standards of 
     research described in section 134; and
       (C) includes both basic research and applied research, 
     which shall include research conducted through field-
     initiated research and ongoing research initiatives;
       (5) promote the use of scientifically valid research within 
     the Federal Government, including active participation in 
     interagency research projects described in section 118;
       (6) ensure that research conducted under the direction of 
     the Research Center is relevant to education practice and 
     policy;
       (7) synthesize and disseminate, through the National Center 
     for Education Evaluation and Regional Assistance, the 
     findings and results of education research conducted or 
     supported by the Research Center;
       (8) assist the Director in the preparation of a biennial 
     report, as described in section 119;
       (9) carry out research on successful State and local 
     education reform activities, including those that result in 
     increased academic achievement and in closing the achievement 
     gap, as approved by the Director;
       (10) carry out research initiatives regarding the impact of 
     technology, including--
       (A) research into how technology affects student 
     achievement;
       (B) long-term research into cognition and learning issues 
     as they relate to the uses of technology;

[[Page H7866]]

       (C) rigorous, peer-reviewed, large-scale, long-term, and 
     broadly applicable empirical research that is designed to 
     determine which approaches to the use of technology are most 
     effective and cost-efficient in practice and under what 
     conditions; and
       (D) field-based research on how teachers implement 
     technology and Internet-based resources in the classroom, 
     including an understanding how these resources are being 
     accessed, put to use, and the effectiveness of such 
     resources; and
       (11) carry out research that is rigorous, peer-reviewed, 
     and large scale to determine which methods of mathematics and 
     science teaching are most effective, cost efficient, and able 
     to be applied, duplicated, and scaled up for use in 
     elementary and secondary classrooms, including in low-
     performing schools, to improve the teaching of, and student 
     achievement in, mathematics and science as required under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.).
       (b) Eligibility.--Research carried out under subsection (a) 
     through contracts, grants, or cooperative agreements shall be 
     carried out only by recipients with the ability and capacity 
     to conduct scientifically valid research.
       (c) National Research and Development Centers.--
       (1) Support.--In carrying out activities under subsection 
     (a)(3), the Research Commissioner shall support not less than 
     8 national research and development centers. The Research 
     Commissioner shall assign each of the 8 national research and 
     development centers not less than 1 of the topics described 
     in paragraph (2). In addition, the Research Commissioner may 
     assign each of the 8 national research and development 
     centers additional topics of research consistent with the 
     mission and priorities of the Institute and the mission of 
     the Research Center.
       (2) Topics of research.--The Research Commissioner shall 
     support the following topics of research, through national 
     research and development centers or through other means:
       (A) Adult literacy.
       (B) Assessment, standards, and accountability research.
       (C) Early childhood development and education.
       (D) English language learners research.
       (E) Improving low achieving schools.
       (F) Innovation in education reform.
       (G) State and local policy.
       (H) Postsecondary education and training.
       (I) Rural education.
       (J) Teacher quality.
       (K) Reading and literacy.
       (3) Duties of centers.--The national research and 
     development centers shall address areas of national need, 
     including in educational technology areas. The Research 
     Commissioner may support additional national research and 
     development centers to address topics of research not 
     described in paragraph (2) if such topics are consistent with 
     the priorities and mission of the Institute and the mission 
     of the Research Center. The research carried out by the 
     centers shall incorporate the potential or existing role of 
     educational technology, where appropriate, in achieving the 
     goals of each center.
       (4) Scope.--Support for a national research and development 
     center shall be for a period of not more than 5 years, shall 
     be of sufficient size and scope to be effective, and 
     notwithstanding section 134(b), may be renewed without 
     competition for not more than 5 additional years if the 
     Director, in consultation with the Research Commissioner and 
     the Board, determines that the research of the national 
     research and development center--
       (A) continues to address priorities of the Institute; and
       (B) merits renewal (applying the procedures and standards 
     established in section 134).
       (5) Limit.--No national research and development center may 
     be supported under this subsection for a period of more than 
     10 years without submitting to a competitive process for the 
     award of the support.
       (6) Continuation of awards.--The Director shall continue 
     awards made to the national research and development centers 
     that are in effect on the day before the date of enactment of 
     this Act in accordance with the terms of those awards and may 
     renew them in accordance with paragraphs (4) and (5).
       (7) Disaggregation.--To the extent feasible, research 
     conducted under this subsection shall be disaggregated by 
     age, race, gender, and socioeconomic background.

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

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

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

     SEC. 151. ESTABLISHMENT.

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

     SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

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

     SEC. 153. DUTIES.

       (a) General Duties.--The Statistics Center shall collect, 
     report, analyze, and disseminate statistical data related to 
     education in the United States and in other nations, 
     including--
       (1) collecting, acquiring, compiling (where appropriate, on 
     a State-by-State basis), and disseminating full and complete 
     statistics (disaggregated by the population characteristics 
     described in paragraph (3)) on the condition and progress of 
     education, at the preschool, elementary, secondary, 
     postsecondary, and adult levels in the United States, 
     including data on--
       (A) State and local education reform activities;
       (B) State and local early childhood school readiness 
     activities;
       (C) student achievement in, at a minimum, the core academic 
     areas of reading, mathematics, and science at all levels of 
     education;
       (D) secondary school completions, dropouts, and adult 
     literacy and reading skills;
       (E) access to, and opportunity for, postsecondary 
     education, including data on financial aid to postsecondary 
     students;
       (F) teaching, including--
       (i) data on in-service professional development, including 
     a comparison of courses taken in the core academic areas of 
     reading, mathematics, and science with courses in noncore 
     academic areas, including technology courses; and
       (ii) the percentage of teachers who are highly qualified 
     (as such term is defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801)) in each 
     State and, where feasible, in each local educational agency 
     and school;
       (G) instruction, the conditions of the education workplace, 
     and the supply of, and demand for, teachers;
       (H) the incidence, frequency, seriousness, and nature of 
     violence affecting students, school personnel, and other 
     individuals participating in school activities, as well as 
     other indices of school safety, including information 
     regarding--
       (i) the relationship between victims and perpetrators;
       (ii) demographic characteristics of the victims and 
     perpetrators; and
       (iii) the type of weapons used in incidents, as classified 
     in the Uniform Crime Reports of the Federal Bureau of 
     Investigation;
       (I) the financing and management of education, including 
     data on revenues and expenditures;
       (J) the social and economic status of children, including 
     their academic achievement;

[[Page H7867]]

       (K) the existence and use of educational technology and 
     access to the Internet by students and teachers in elementary 
     schools and secondary schools;
       (L) access to, and opportunity for, early childhood 
     education;
       (M) the availability of, and access to, before-school and 
     after-school programs (including such programs during school 
     recesses);
       (N) student participation in and completion of secondary 
     and postsecondary vocational and technical education programs 
     by specific program area; and
       (O) the existence and use of school libraries;
       (2) conducting and publishing reports on the meaning and 
     significance of the statistics described in paragraph (1);
       (3) collecting, analyzing, cross-tabulating, and reporting, 
     to the extent feasible, information by gender, race, 
     ethnicity, socioeconomic status, limited English proficiency, 
     mobility, disability, urban, rural, suburban districts, and 
     other population characteristics, when such disaggregated 
     information will facilitate educational and policy 
     decisionmaking;
       (4) assisting public and private educational agencies, 
     organizations, and institutions in improving and automating 
     statistical and data collection activities, which may include 
     assisting State educational agencies and local educational 
     agencies with the disaggregation of data and with the 
     development of longitudinal student data systems;
       (5) determining voluntary standards and guidelines to 
     assist State educational agencies in developing statewide 
     longitudinal data systems that link individual student data 
     consistent with the requirements of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 
     promote linkages across States, and protect student privacy 
     consistent with section 183, to improve student academic 
     achievement and close achievement gaps;
       (6) acquiring and disseminating data on educational 
     activities and student achievement (such as the Third 
     International Math and Science Study) in the United States 
     compared with foreign nations;
       (7) conducting longitudinal and special data collections 
     necessary to report on the condition and progress of 
     education;
       (8) assisting the Director in the preparation of a biennial 
     report, as described in section 119; and
       (9) determining, in consultation with the National Research 
     Council of the National Academies, methodology by which 
     States may accurately measure graduation rates (defined as 
     the percentage of students who graduate from secondary school 
     with a regular diploma in the standard number of years), 
     school completion rates, and dropout rates.
       (b) Training Program.--The Statistics Commissioner may 
     establish a program to train employees of public and private 
     educational agencies, organizations, and institutions in the 
     use of standard statistical procedures and concepts, and may 
     establish a fellowship program to appoint such employees as 
     temporary fellows at the Statistics Center, in order to 
     assist the Statistics Center in carrying out its duties.

     SEC. 154. PERFORMANCE OF DUTIES.

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

     SEC. 155. REPORTS.

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

     SEC. 156. DISSEMINATION.

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

     SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

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

     SEC. 158. STATE DEFINED.

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

     PART D--NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL 
                               ASSISTANCE

     SEC. 171. ESTABLISHMENT.

       (a) Establishment.--There is established in the Institute a 
     National Center for Education Evaluation and Regional 
     Assistance.
       (b) Mission.--The mission of the National Center for 
     Education Evaluation and Regional Assistance shall be--
       (1) to provide technical assistance;
       (2) 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);
       (3) to support synthesis and wide dissemination of results 
     of evaluation, research, and products developed; and
       (4) to encourage the use of scientifically valid education 
     research and evaluation throughout the United States.
       (c) Grants, Contracts, and Cooperative Agreements.--In 
     carrying out the duties under this part, the Director may 
     award grants, enter into contracts and cooperative 
     agreements, and provide technical assistance.

[[Page H7868]]

     SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND REGIONAL 
                   ASSISTANCE.

       (a) In General.--The National Center for Education 
     Evaluation and Regional Assistance shall be headed by a 
     Commissioner for Education Evaluation and Regional Assistance 
     (in this part referred to as the ``Evaluation and Regional 
     Assistance Commissioner'') who is highly qualified and has 
     demonstrated a capacity to carry out the mission of the 
     Center and shall--
       (1) conduct evaluations pursuant to section 173;
       (2) widely disseminate information on scientifically valid 
     research, statistics, and evaluation on education, 
     particularly to State educational agencies and local 
     educational agencies, to institutions of higher education, to 
     the public, the media, voluntary organizations, professional 
     associations, 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;
       (D) education technology, including software; and
       (E) those topics covered by the Educational Resources 
     Information Center Clearinghouses (established under section 
     941(f) of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994 (20 U.S.C. 
     6041(f)) (as such provision was in effect on the day before 
     the date of enactment of this Act);
       (3) make such information accessible in a user-friendly, 
     timely, and efficient manner (including through use of a 
     searchable Internet-based online database that shall include 
     all topics covered in paragraph (2)(E)) to schools, 
     institutions of higher education, educators (including early 
     childhood educators), parents, administrators, policymakers, 
     researchers, public and private entities (including providers 
     of early childhood services), entities responsible for 
     carrying out technical assistance through the Department, and 
     the general public;
       (4) support the regional educational laboratories in 
     conducting applied research, the development and 
     dissemination of educational research, products and 
     processes, the provision of technical assistance, and other 
     activities to serve the educational needs of such 
     laboratories' regions;
       (5) manage the National Library of Education described in 
     subsection (d), and other sources of digital information on 
     education research;
       (6) assist the Director in the preparation of a biennial 
     report, described in section 119; and
       (7) award a contract for a prekindergarten through grade 12 
     mathematics and science teacher clearinghouse.
       (b) Additional Duties.--In carrying out subsection (a), the 
     Evaluation and Regional Assistance Commissioner shall--
       (1) ensure that information disseminated under this section 
     is provided in a cost-effective, nonduplicative manner that 
     includes 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);
       (2) describe prominently the type of scientific evidence 
     that is used to support the findings that are disseminated;
       (3) explain clearly the scientifically appropriate and 
     inappropriate uses of--
       (A) the findings that are disseminated; and
       (B) the types of evidence used to support those findings; 
     and
       (4) respond, as appropriate, to inquiries from schools, 
     educators, parents, administrators, policymakers, 
     researchers, public and private entities, and entities 
     responsible for carrying out technical assistance.
       (c) Continuation.--The Director shall continue awards for 
     the support of the Educational Resources Information Center 
     Clearinghouses and contracts for regional educational 
     laboratories (established under subsections (f) and (h) of 
     section 941 of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(f) 
     and (h)) (as such awards were in effect on the day before the 
     date of enactment of this Act)) for the duration of those 
     awards, in accordance with the terms and agreements of such 
     awards.
       (d) National Library of Education.--
       (1) Establishment.--There is established, within the 
     National Center for Education Evaluation and Regional 
     Assistance, a National Library of Education that shall--
       (A) be headed by an individual who is highly qualified in 
     library science;
       (B) collect and archive information;
       (C) provide a central location within the Federal 
     Government for information about education;
       (D) provide comprehensive reference services on matters 
     related to education to employees of the Department of 
     Education and its contractors and grantees, other Federal 
     employees, and members of the public; and
       (E) promote greater cooperation and resource sharing among 
     providers and repositories of education information in the 
     United States.
       (2) Information.--The information collected and archived by 
     the National Library of Education shall include--
       (A) products and publications developed through, or 
     supported by, the Institute; and
       (B) other relevant and useful education-related research, 
     statistics, and evaluation materials and other information, 
     projects, and publications that are--
       (i) consistent with--

       (I) scientifically valid research; or
       (II) the priorities and mission of the Institute; and

       (ii) developed by the Department, other Federal agencies, 
     or entities (including entities supported under the 
     Educational Technical Assistance Act of 2002 and the 
     Educational Resources Information Center Clearinghouses 
     (established under section 941(f) of the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994 (20 U.S.C. 6041(f)) (as such provision was in effect on 
     the day before the date of enactment of this Act))).

     SEC. 173. EVALUATIONS.

       (a) In General.--
       (1) Requirements.--In carrying out its missions, the 
     National Center for Education Evaluation and Regional 
     Assistance may--
       (A) conduct or support evaluations consistent with the 
     Center's mission as described in section 171(b);
       (B) evaluate programs under title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
       (C) to the extent practicable, examine evaluations 
     conducted or supported by others in order to determine the 
     quality and relevance of the evidence of effectiveness 
     generated by those evaluations, with the approval of the 
     Director;
       (D) coordinate the activities of the National Center for 
     Education Evaluation and Regional Assistance with other 
     evaluation activities in the Department;
       (E) review and, where feasible, supplement Federal 
     education program evaluations, particularly those by the 
     Department, to determine or enhance the quality and relevance 
     of the evidence generated by those evaluations;
       (F) establish evaluation methodology; and
       (G) assist the Director in the preparation of the biennial 
     report, as described in section 119.
       (2) Additional requirements.--Each evaluation conducted by 
     the National Center for Education Evaluation and Regional 
     Assistance pursuant to paragraph (1) shall--
       (A) adhere to the highest possible standards of quality for 
     conducting scientifically valid education evaluation; and
       (B) be subject to rigorous peer-review.
       (b) Administration of Evaluations Under Title I of the 
     Elementary and Secondary Education Act of 1965.--The 
     Evaluation and Regional Assistance Commissioner, consistent 
     with the mission of the National Center for Education 
     Evaluation and Regional Assistance 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.

     SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, 
                   DEVELOPMENT, DISSEMINATION, AND TECHNICAL 
                   ASSISTANCE.

       (a) Regional Educational Laboratories.--The Director shall 
     enter into contracts with entities to establish a networked 
     system of 10 regional educational laboratories that serve the 
     needs of each region of the United States in accordance with 
     the provisions of this section. The amount of assistance 
     allocated to each laboratory by the Evaluation and Regional 
     Assistance Commissioner shall reflect the number of local 
     educational agencies and the number of school-age children 
     within the region served by such laboratory, as well as the 
     cost of providing services within the geographic area 
     encompassed by the region.
       (b) Regions.--The regions served by the regional 
     educational laboratories shall be the 10 geographic regions 
     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).
       (c) Eligible Applicants.--The Director may enter into 
     contracts under this section with 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 this section, including 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)).
       (d) Applications.--
       (1) Submission.--Each applicant desiring a contract under 
     this section shall submit an application at such time, in 
     such manner, and containing such information as the Director 
     may reasonably require.
       (2) Plan.--Each application submitted under paragraph (1) 
     shall contain a 5-year plan for carrying out the activities 
     described

[[Page H7869]]

     in this section in a manner that addresses the priorities 
     established under section 207 and addresses the needs of all 
     States (and to the extent practicable, of local educational 
     agencies) within the region to be served by the regional 
     educational laboratory, on an ongoing basis.
       (e) Entering into Contracts.--
       (1) In general.--In entering into contracts under this 
     section, the Director shall--
       (A) enter into contracts for a 5-year period; and
       (B) ensure that regional educational laboratories 
     established under this section have strong and effective 
     governance, organization, management, and administration, and 
     employ qualified staff.
       (2) Coordination.--In order to ensure coordination and 
     prevent unnecessary duplication of activities among the 
     regions, the Evaluation and Regional Assistance Commissioner 
     shall--
       (A) share information about the activities of each regional 
     educational laboratory awarded a contract under this section 
     with each other regional educational laboratory awarded a 
     contract under this section and with the Department of 
     Education, including the Director and the Board;
       (B) oversee a strategic plan for ensuring that each 
     regional educational laboratory awarded a contract under this 
     section increases collaboration and resource-sharing in such 
     activities;
       (C) ensure, where appropriate, that the activities of each 
     regional educational laboratory awarded a contract under this 
     section also serve national interests; and
       (D) ensure that each regional educational laboratory 
     awarded a contract under this section coordinates such 
     laboratory's activities with the activities of each other 
     regional technical assistance provider.
       (3) Outreach.--In conducting competitions for contracts 
     under this section, the Director shall--
       (A) actively encourage eligible entities to compete for 
     such awards by making information and technical assistance 
     relating to the competition widely available; and
       (B) seek input from the chief executive officers of States, 
     chief State school officers, educators, and parents regarding 
     the need for applied research, wide dissemination, training, 
     technical assistance, and development activities authorized 
     by this title in the regions to be served by the regional 
     educational laboratories and how those educational needs 
     could be addressed most effectively.
       (4) Objectives and indicators.--Before entering into a 
     contract under this section, the Director shall design 
     specific objectives and measurable indicators to be used to 
     assess the particular programs or initiatives, and ongoing 
     progress and performance, of the regional educational 
     laboratories, in order to ensure that the educational needs 
     of the region are being met and that the latest and best 
     research and proven practices are being carried out as part 
     of school improvement efforts.
       (5) Standards.--The Evaluation and Regional Assistance 
     Commissioner shall establish a system for technical and peer 
     review to ensure that applied research activities, research-
     based reports, and products of the regional educational 
     laboratories are consistent with the research standards 
     described in section 134 and the evaluation standards adhered 
     to pursuant to section 173(a)(2)(A).
       (f) Central Mission and Primary Function.--Each regional 
     educational laboratory awarded a contract under this section 
     shall support applied research, development, wide 
     dissemination, and technical assistance activities by--
       (1) providing training (which may include supporting 
     internships and fellowships and providing stipends) and 
     technical assistance to State educational agencies, local 
     educational agencies, school boards, schools funded by the 
     Bureau as appropriate, and State boards of education 
     regarding, at a minimum--
       (A) the administration and implementation of programs under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.);
       (B) scientifically valid research in education on teaching 
     methods, assessment tools, and high quality, challenging 
     curriculum frameworks for use by teachers and administrators 
     in, at a minimum--
       (i) the core academic subjects of mathematics, science, and 
     reading;
       (ii) English language acquisition;
       (iii) education technology; and
       (iv) the replication and adaption of exemplary and 
     promising practices and new educational methods, including 
     professional development strategies and the use of 
     educational technology to improve teaching and learning; and
       (C) the facilitation of communication between educational 
     experts, school officials, and teachers, parents, and 
     librarians, to enable such individuals to assist schools to 
     develop a plan to meet the State education goals;
       (2) developing and widely disseminating, including through 
     Internet-based means, scientifically valid research, 
     information, reports, and publications that are usable for 
     improving academic achievement, closing achievement gaps, and 
     encouraging and sustaining school improvement, to--
       (A) schools, districts, institutions of higher education, 
     educators (including early childhood educators and 
     librarians), parents, policymakers, and other constituencies, 
     as appropriate, within the region in which the regional 
     educational laboratory is located; and
       (B) the National Center for Education Evaluation and 
     Regional Assistance;
       (3) developing a plan for identifying and serving the needs 
     of the region by conducting a continuing survey of the 
     educational needs, strengths, and weaknesses within the 
     region, including a process of open hearings to solicit the 
     views of schools, teachers, administrators, parents, local 
     educational agencies, librarians, and State educational 
     agencies within the region;
       (4) in the event such quality applied research does not 
     exist as determined by the regional educational laboratory or 
     the Department, carrying out applied research projects that 
     are designed to serve the particular educational needs (in 
     prekindergarten through grade 16) of the region in which the 
     regional educational laboratory is located, that reflect 
     findings from scientifically valid research, and that result 
     in user-friendly, replicable school-based classroom 
     applications geared toward promoting increased student 
     achievement, including using applied research to assist in 
     solving site-specific problems and assisting in development 
     activities (including high-quality and on-going professional 
     development and effective parental involvement strategies);
       (5) supporting and serving the educational development 
     activities and needs of the region by providing educational 
     applied research in usable forms to promote school-
     improvement, academic achievement, and the closing of 
     achievement gaps and contributing to the current base of 
     education knowledge by addressing enduring problems in 
     elementary and secondary education and access to 
     postsecondary education;
       (6) collaborating and coordinating services with other 
     technical assistance providers funded by the Department of 
     Education;
       (7) assisting in gathering information on school finance 
     systems to promote improved access to educational 
     opportunities and to better serve all public school students;
       (8) assisting in gathering information on alternative 
     administrative structures that are more conducive to 
     planning, implementing, and sustaining school reform and 
     improved academic achievement;
       (9) bringing teams of experts together to develop and 
     implement school improvement plans and strategies, especially 
     in low-performing or high poverty schools; and
       (10) developing innovative approaches to the application of 
     technology in education that are unlikely to originate from 
     within the private sector, but which could result in the 
     development of new forms of education software, education 
     content, and technology-enabled pedagogy.
       (g) Activities.--Each regional educational laboratory 
     awarded a contract under this section shall carry out the 
     following activities:
       (1) Collaborate with the National Education Centers in 
     order to--
       (A) maximize the use of research conducted through the 
     National Education Centers in the work of such laboratory;
       (B) keep the National Education Centers apprised of the 
     work of the regional educational laboratory in the field; and
       (C) inform the National Education Centers about additional 
     research needs identified in the field.
       (2) Consult with the State educational agencies and local 
     educational agencies in the region in developing the plan for 
     serving the region.
       (3) Develop strategies to utilize schools as critical 
     components in reforming education and revitalizing rural 
     communities in the United States.
       (4) Report and disseminate information on overcoming the 
     obstacles faced by educators and schools in high poverty, 
     urban, and rural areas.
       (5) Identify successful educational programs that have 
     either been developed by such laboratory in carrying out such 
     laboratory's functions or that have been developed or used by 
     others within the region served by the laboratory and make 
     such information available to the Secretary and the network 
     of regional educational laboratories so that such programs 
     may be considered for inclusion in the national education 
     dissemination system.
       (h) Governing Board and Allocation.--
       (1) In general.--In carrying out its responsibilities, each 
     regional educational laboratory awarded a contract under this 
     section, in keeping with the terms and conditions of such 
     laboratory's contract, shall--
       (A) establish a governing board that--
       (i) reflects a balanced representation of--

       (I) the States in the region;
       (II) the interests and concerns of regional constituencies; 
     and
       (III) technical expertise;

       (ii) includes the chief State school officer or such 
     officer's designee of each State represented in such board's 
     region;
       (iii) includes--

       (I) representatives nominated by chief executive officers 
     of States and State organizations of superintendents, 
     principals, institutions of higher education, teachers, 
     parents, businesses, and researchers; or
       (II) other representatives of the organizations described 
     in subclause (I), as required by State law in effect on the 
     day before the date of enactment of this Act;

       (iv) is the sole entity that--

       (I) guides and directs the laboratory in carrying out the 
     provisions of this subsection and satisfying the terms and 
     conditions of the contract award;

[[Page H7870]]

       (II) determines the regional agenda of the laboratory;
       (III) engages in an ongoing dialogue with the Evaluation 
     and Regional Assistance Commissioner concerning the 
     laboratory's goals, activities, and priorities; and
       (IV) determines at the start of the contract period, 
     subject to the requirements of this section and in 
     consultation with the Evaluation and Regional Assistance 
     Commissioner, the mission of the regional educational 
     laboratory for the duration of the contract period;

       (v) ensures that the regional educational laboratory 
     attains and maintains a high level of quality in the 
     laboratory's work and products;
       (vi) establishes standards to ensure that the regional 
     educational laboratory has strong and effective governance, 
     organization, management, and administration, and employs 
     qualified staff;
       (vii) directs the regional educational laboratory to carry 
     out the laboratory's duties in a manner that will make 
     progress toward achieving the State education goals and 
     reforming schools and educational systems; and
       (viii) conducts a continuing survey of the educational 
     needs, strengths, and weaknesses within the region, including 
     a process of open hearings to solicit the views of schools 
     and teachers; and
       (B) allocate the regional educational laboratory's 
     resources to and within each State in a manner which reflects 
     the need for assistance, taking into account such factors as 
     the proportion of economically disadvantaged students, the 
     increased cost burden of service delivery in areas of sparse 
     populations, and any special initiatives being undertaken by 
     State, intermediate, local educational agencies, or Bureau-
     funded schools, as appropriate, which may require special 
     assistance from the laboratory.
       (2) Special rule.--If a regional educational laboratory 
     needs flexibility in order to meet the requirements of 
     paragraph (1)(A)(i), the regional educational laboratory may 
     select not more than 10 percent of the governing board from 
     individuals outside those representatives nominated in 
     accordance with paragraph (1)(A)(iii).
       (i) Duties of Governing Board.--In order to improve the 
     efficiency and effectiveness of the regional educational 
     laboratories, the governing boards of the regional 
     educational laboratories shall establish and maintain a 
     network to--
       (1) share information about the activities each laboratory 
     is carrying out;
       (2) plan joint activities that would meet the needs of 
     multiple regions;
       (3) create a strategic plan for the development of 
     activities undertaken by the laboratories to reduce 
     redundancy and increase collaboration and resource-sharing in 
     such activities; and
       (4) otherwise devise means by which the work of the 
     individual laboratories could serve national, as well as 
     regional, needs.
       (j) Evaluations.--The Evaluation and Regional Assistance 
     Commissioner shall provide for independent evaluations of 
     each of the regional educational laboratories in carrying out 
     the duties described in this section in the third year that 
     such laboratory receives assistance under this section in 
     accordance with the standards developed by the Evaluation and 
     Regional Assistance Commissioner and approved by the Board 
     and shall transmit the results of such evaluations to the 
     relevant committees of Congress, the Board, and the 
     appropriate regional educational laboratory governing board.
       (k) Rule of Construction.--No regional educational 
     laboratory receiving assistance under this section shall, by 
     reason of the receipt of that assistance, be ineligible to 
     receive any other assistance from the Department of Education 
     as authorized by law or be prohibited from engaging in 
     activities involving international projects or endeavors.
       (l) Advance Payment System.--Each regional educational 
     laboratory awarded a contract under this section shall 
     participate in the advance payment system at the Department 
     of Education.
       (m) Additional Projects.--In addition to activities 
     authorized under this section, the Director is authorized to 
     enter into contracts or agreements with a regional 
     educational laboratory for the purpose of carrying out 
     additional projects to enable such regional educational 
     laboratory to assist in efforts to achieve State education 
     goals and for other purposes.
       (n) Annual Report and Plan.--Not later than July 1 of each 
     year, each regional educational laboratory awarded a contract 
     under this section shall submit to the Evaluation and 
     Regional Assistance Commissioner--
       (1) a plan covering the succeeding fiscal year, in which 
     such laboratory's mission, activities, and scope of work are 
     described, including a general description of the plans such 
     laboratory expects to submit in the remaining years of such 
     laboratory's contract; and
       (2) a report of how well such laboratory is meeting the 
     needs of the region, including a summary of activities during 
     the preceding year, a list of entities served, a list of 
     products, and any other information that the regional 
     educational laboratory may consider relevant or the 
     Evaluation and Regional Assistance Commissioner may require.
       (o) Construction.--Nothing in this section shall be 
     construed to require any modifications in a regional 
     educational laboratory contract in effect on the day before 
     the date of enactment of this Act.

                       PART E--GENERAL PROVISIONS

     SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.

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

     SEC. 182. PROHIBITIONS.

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

     SEC. 183. CONFIDENTIALITY.

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

     SEC. 184. AVAILABILITY OF DATA.

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

     SEC. 185. PERFORMANCE MANAGEMENT.

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

     SEC. 186. AUTHORITY TO PUBLISH.

       (a) Publication.--The Director may prepare and publish 
     (including through oral presentation) such research, 
     statistics (consistent with part C), and evaluation 
     information and reports from any office, board, committee, 
     and center of the Institute, as needed to carry out the 
     priorities and mission of the Institute without the approval 
     of the Secretary or any other office of the Department.
       (b) Advance Copies.--The Director shall provide the 
     Secretary and other relevant offices with an advance copy of 
     any information to be published under this section before 
     publication.
       (c) Peer Review.--All research, statistics, and evaluation 
     reports conducted by, or supported through, the Institute 
     shall be subjected to rigorous peer review before being 
     published or otherwise made available to the public.

[[Page H7871]]

       (d) Items Not Covered.--Nothing in subsections (a), (b), or 
     (c) shall be construed to apply to--
       (1) information on current or proposed budgets, 
     appropriations, or legislation;
       (2) information prohibited from disclosure by law or the 
     Constitution, classified national security information, or 
     information described in section 552(b) of title 5, United 
     States Code; and
       (3) review by officers of the United States in order to 
     prevent the unauthorized disclosure of information described 
     in paragraph (1) or (2).

     SEC. 187. VACANCIES.

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

     SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

       (a) In General.--The Director may appoint, for terms not to 
     exceed 6 years (without regard to the provisions of title 5, 
     United States Code, governing appointment in the competitive 
     service) and may compensate (without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates) 
     such scientific or technical employees to carry out the 
     functions of the Institute or the office, board, committee, 
     or center, respectively, if--
       (1) at least 30 days prior to the appointment of any such 
     employee, public notice is given of the availability of such 
     position and an opportunity is provided for qualified 
     individuals to apply and compete for such position;
       (2) the rate of basic pay for such employees does not 
     exceed the maximum rate of basic pay payable for positions at 
     GS-15, as determined in accordance with section 5376 of title 
     5, United States Code, except that not more than 7 
     individuals appointed under this section may be paid at a 
     rate that does not exceed the rate of basic pay for level III 
     of the Executive Schedule;
       (3) the appointment of such employee is necessary (as 
     determined by the Director on the basis of clear and 
     convincing evidence) to provide the Institute or the office, 
     board, committee, or center with scientific or technical 
     expertise which could not otherwise be obtained by the 
     Institute or the office, board, committee, or center through 
     the competitive service; and
       (4) the total number of such employees does not exceed 40 
     individuals or \1/5\ of the number of full-time, regular 
     scientific or professional employees of the Institute, 
     whichever is greater.
       (b) Duties of Employees.--All employees described in 
     subsection (a) shall work on activities of the Institute or 
     the office, board, committee, or center, and shall not be 
     reassigned to other duties outside the Institute or the 
     office, board, committee, or center during their term.

     SEC. 189. FELLOWSHIPS.

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

     SEC. 190. VOLUNTARY SERVICE.

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

     SEC. 191. RULEMAKING.

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

     SEC. 192. COPYRIGHT.

       Nothing in this Act shall be construed to affect the 
     rights, remedies, limitations, or defense under title 17, 
     United States Code.

     SEC. 193. REMOVAL.

       (a) Presidential.--The Director, the Commissioner for 
     Education Statistics, and each member of the Board may be 
     removed by the President prior to the expiration of the term 
     of each such appointee.
       (b) Director.--Each Commissioner appointed by the Director 
     pursuant to section 117 may be removed by the Director prior 
     to the expiration of the term of each such Commissioner.

     SEC. 194. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     administer and carry out this title (except section 174) 
     $400,000,000 for fiscal year 2003 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years, of 
     which--
       (1) not less than the amount provided to the National 
     Center for Education Statistics (as such Center was in 
     existence on the day before the date of enactment of this 
     Act) for fiscal year 2002 shall be provided to the National 
     Center for Education Statistics, as authorized under part C; 
     and
       (2) not more than the lesser of 2 percent of such funds or 
     $1,000,000 shall be made available to carry out section 116 
     (relating to the National Board for Education Sciences).
       (b) Regional Educational Laboratories.--There are 
     authorized to be appropriated to carry out section 174 
     $100,000,000 for fiscal year 2003 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years. Of the 
     amounts appropriated under the preceding sentence for a 
     fiscal year, the Director shall obligate not less than 25 
     percent to carry out such purpose with respect to rural areas 
     (including schools funded by the Bureau which are located in 
     rural areas).
       (c) Availability.--Amounts made available under this 
     section shall remain available until expended.

               TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE

     SEC. 201. SHORT TITLE.

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

     SEC. 202. DEFINITIONS.

       In this title:
       (1) In general.--The terms ``local educational agency'' and 
     ``State educational agency'' have the meanings given those 
     terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 203. COMPREHENSIVE CENTERS.

       (a) Authorization.--
       (1) In general.--Subject to paragraph (2), beginning in 
     fiscal year 2004, the Secretary is authorized to award not 
     less than 20 grants to local entities, or consortia of such 
     entities, with demonstrated expertise in providing technical 
     assistance and professional development in reading, 
     mathematics, science, and technology, especially to low-
     performing schools and districts, to establish comprehensive 
     centers.
       (2) Regions.--In awarding grants under paragraph (1), the 
     Secretary--
       (A) shall ensure that not less than 1 comprehensive center 
     is established in each of the 10 geographic regions 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); 
     and
       (B) after meeting the requirements of subparagraph (A), 
     shall consider, in awarding the remainder of the grants, the 
     school-age population, proportion of economically 
     disadvantaged students, the increased cost burdens of service 
     delivery in areas of sparse population, and the number of 
     schools identified for school improvement (as described in 
     section 1116(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6316(b)) in the population served by the 
     local entity or consortium of such entities.
       (b) Eligible applicants.--
       (1) In general.--Grants under this section may be made with 
     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 (f), 
     including 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)).
       (2) Outreach.--In conducting competitions for grants under 
     this section, the Secretary shall actively encourage 
     potential applicants to compete for such awards by making 
     widely available information and technical assistance 
     relating to the competition.
       (3) Objectives and indicators.--Before awarding a grant 
     under this section, the Secretary shall design specific 
     objectives and measurable indicators, using the results of 
     the assessment conducted under section 206, 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.
       (c) Application.--
       (1) Submission.--Each local entity, or consortium of such 
     entities, seeking a grant 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 this section in a manner that addresses the 
     priorities established under section 207 and addresses the 
     needs of all States (and to the extent practicable, of local 
     educational agencies) within the region to be served by the 
     comprehensive center, on an ongoing basis.
       (d) Allocation.--Each comprehensive center established 
     under this section shall allocate such center's resources to 
     and within each State in a manner which reflects the need for 
     assistance, taking into account such

[[Page H7872]]

     factors as the proportion of economically disadvantaged 
     students, the increased cost burden of service delivery in 
     areas of sparse populations, and any special initiatives 
     being undertaken by State, intermediate, local educational 
     agencies, or Bureau-funded schools, as appropriate, which may 
     require special assistance from the center.
       (e) Scope of Work.--Each comprehensive center established 
     under this section shall work with State educational 
     agencies, local educational agencies, regional educational 
     agencies, and schools in the region where such center is 
     located on school improvement activities that take into 
     account factors such as the proportion of economically 
     disadvantaged students in the region, and give priority to--
       (1) schools in the region with high percentages or numbers 
     of students from low-income families, as determined under 
     section 1113(a)(5) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in 
     rural and urban areas, and schools receiving assistance under 
     title I of that Act (20 U.S.C. 6301 et seq.);
       (2) local educational agencies in the region in which high 
     percentages or numbers of school-age children are from low-
     income families, as determined under section 1124(c)(1)(A) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6333(c)(1)(A)), including such local educational agencies in 
     rural and urban areas; and
       (3) schools in the region that have been identified for 
     school improvement under section 1116(b) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
       (f) Activities.--
       (1) In general.--A comprehensive center established under 
     this section shall support dissemination and technical 
     assistance activities by--
       (A) providing training, professional development, and 
     technical assistance regarding, at a minimum--
       (i) the administration and implementation of programs under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.);
       (ii) the use of scientifically valid teaching methods and 
     assessment tools for use by teachers and administrators in, 
     at a minimum--

       (I) the core academic subjects of mathematics, science, and 
     reading or language arts;
       (II) English language acquisition; and
       (III) education technology; and

       (iii) the facilitation of communication between education 
     experts, school officials, teachers, parents, and librarians, 
     as appropriate; and
       (B) disseminating and providing information, reports, and 
     publications that are usable for improving academic 
     achievement, closing achievement gaps, and encouraging and 
     sustaining school improvement (as described in section 
     1116(b) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6316(b))), to schools, educators, parents, and 
     policymakers within the region in which the center is 
     located; and
       (C) developing teacher and school leader inservice and 
     preservice training models that illustrate best practices in 
     the use of technology in different content areas.
       (2) Coordination and collaboration.--Each comprehensive 
     center established under this section shall coordinate its 
     activities, collaborate, and regularly exchange information 
     with the regional educational laboratory in the region in 
     which the center is located, the National Center for 
     Education Evaluation and Regional Assistance, the Office of 
     the Secretary, the State service agency, and other technical 
     assistance providers in the region.
       (g) Comprehensive Center Advisory Board.--
       (1) Establishment.--Each comprehensive center established 
     under this section shall have an advisory board that shall 
     support the priorities of such center.
       (2) Duties.--Each advisory board established under 
     paragraph (1) shall advise the comprehensive center--
       (A) concerning the activities described in subsection (d);
       (B) on strategies for monitoring and addressing the 
     educational needs of the region, on an ongoing basis;
       (C) on maintaining a high standard of quality in the 
     performance of the center's activities; and
       (D) on carrying out the center's duties in a manner that 
     promotes progress toward improving student academic 
     achievement.
       (3) Composition.--
       (A) In general.--Each advisory board shall be composed of--
       (i) the chief State school officers, or such officers' 
     designees or other State officials, in each State served by 
     the comprehensive center who have primary responsibility 
     under State law for elementary and secondary education in the 
     State; and
       (ii) not more than 15 other members who are representative 
     of the educational interests in the region served by the 
     comprehensive center and are selected jointly by the 
     officials specified in clause (i) and the chief executive 
     officer of each State served by the comprehensive center, 
     including the following:

       (I) Representatives of local educational agencies and 
     regional educational agencies, including representatives of 
     local educational agencies serving urban and rural areas.
       (II) Representatives of institutions of higher education.
       (III) Parents.
       (IV) Practicing educators, including classroom teachers, 
     principals, and administrators.
       (V) Representatives of business.
       (VI) Policymakers, expert practitioners, and researchers 
     with knowledge of, and experience using, the results of 
     research, evaluation, and statistics.

       (B) Special rule.--In the case of a State in which the 
     chief executive officer has the primary responsibility under 
     State law for elementary and secondary education in the 
     State, the chief executive officer shall consult, to the 
     extent permitted by State law, with the State educational 
     agency in selecting additional members of the board under 
     subparagraph (A)(i).
       (h) Report to Secretary.--Each comprehensive center 
     established under this section 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:
       (1) A summary of the comprehensive center's activities 
     during the preceding year
       (2) A listing of the States, local educational agencies, 
     and schools the comprehensive center assisted during the 
     preceding year.

     SEC. 204. EVALUATIONS.

       The Secretary shall provide for ongoing independent 
     evaluations by the National Center for Education Evaluation 
     and Regional Assistance of the comprehensive centers 
     receiving assistance under this title, the results of which 
     shall be transmitted to the appropriate congressional 
     committees and the Director of the Institute of Education 
     Sciences. Such evaluations shall include an analysis of the 
     services provided under this title, the extent to which each 
     of the comprehensive centers meets the objectives of its 
     respective plan, and whether such services meet the 
     educational needs of State educational agencies, local 
     educational agencies, and schools in the region.

     SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.

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

     SEC. 206. REGIONAL ADVISORY COMMITTEES.

       (a) Establishment.--Beginning in 2004, the Secretary shall 
     establish a regional advisory committee for each region 
     described in section 174(b) of the Education Sciences Reform 
     Act of 2002.
       (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 
     chief executive officers of States, chief State school 
     officers, and education stakeholders within the applicable 
     region.
       (4) Special rule.--
       (A) Total number.--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.
       (B) Dissolution.--Each regional advisory committee shall be 
     dissolved by the Secretary after submission of such 
     committee's report described in subsection (c)(2) to the 
     Secretary, but each such committee may be reconvened at the 
     discretion of the Secretary.

[[Page H7873]]

       (c) Duties.--Each regional advisory committee shall advise 
     the Secretary on the following:
       (1) An educational needs assessment of its region (using 
     the results of the assessment conducted under subsection 
     (d)), in order to assist in making decisions regarding the 
     regional educational priorities.
       (2) Not later than 6 months after the committee is first 
     convened, a report based on the assessment conducted under 
     subsection (d).
       (d) Regional Assessments.--Each regional advisory committee 
     shall--
       (1) assess the educational needs within the region to be 
     served;
       (2) in conducting the assessment under paragraph (1), seek 
     input from chief executive officers of States, 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, members of the regional educational 
     laboratory governing board, 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 174 of the Education Sciences Reform Act of 2002 
     and section 203 of this title and how those needs would be 
     most effectively addressed; and
       (3) submit the assessment 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. 207. PRIORITIES.

       The Secretary shall establish priorities for the regional 
     educational laboratories (established under section 174 of 
     the Education Sciences Reform Act of 2002) and comprehensive 
     centers (established under section 203 of this title) to 
     address, taking onto account the regional assessments 
     conducted under section 206 and other relevant regional 
     surveys of educational needs, to the extent the Secretary 
     deems appropriate.

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

       (a) Grants Authorized.--The Secretary is authorized to 
     award grants, on a competitive basis, to State educational 
     agencies to enable such agencies to design, develop, and 
     implement statewide, longitudinal data systems to efficiently 
     and accurately manage, analyze, disaggregate, and use 
     individual student data, consistent with the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
       (b) Applications.--Each State educational agency desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       (c) Awarding of Grants.--In awarding grants under this 
     section, the Secretary shall use a peer review process that--
       (1) ensures technical quality (including validity and 
     reliability), promotes linkages across States, and protects 
     student privacy consistent with section 183;
       (2) promotes the generation and accurate and timely use of 
     data that is needed--
       (A) for States and local educational agencies to comply 
     with the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6301 et seq.) and other reporting requirements and 
     close achievement gaps; and
       (B) to facilitate research to improve student academic 
     achievement and close achievement gaps; and
       (3) gives priority to applications that meet the voluntary 
     standards and guidelines described in section 153(a)(5).
       (d) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     other State or local funds used for developing State data 
     systems.
       (e) Report.--Not later than 1 year after the date of 
     enactment of the Educational Technical Assistance Act of 
     2002, and again 3 years after such date of enactment, the 
     Secretary, in consultation with the National Academies 
     Committee on National Statistics, shall make publicly 
     available a report on the implementation and effectiveness of 
     Federal, State, and local efforts related to the goals of 
     this section, including--
       (1) identifying and analyzing State practices regarding the 
     development and use of statewide, longitudinal data systems;
       (2) evaluating the ability of such systems to manage 
     individual student data consistent with the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 
     promote linkages across States, and protect student privacy 
     consistent with section 183; and
       (3) identifying best practices and areas for improvement.

     SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $80,000,000 for fiscal year 2003 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

     SEC. 301. SHORT TITLE.

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

     SEC. 302. DEFINITIONS.

       In this title:
       (1) The term ``Director'' means the Director of the 
     Institute 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, as amended by 
     section 401 of this Act (relating to the National Assessment 
     Governing Board); and
       (B) $107,500,000 to carry out section 303, as amended by 
     section 401 of this Act (relating to the National Assessment 
     of Educational Progress); and
       (2) such sums as may be necessary for each of the 5 
     succeeding fiscal years to carry out sections 302 and 303, as 
     amended by section 401 of this Act.
       (b) Availability.--Amounts made available under this 
     section shall remain available until expended.

                    TITLE IV--AMENDATORY PROVISIONS

     SEC. 401. REDESIGNATIONS.

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

     The National Assessment of Educational Progress data shall 
     not be released prior to the release of the reports described 
     in subparagraph (J).'';
       (B) in paragraph (5), by striking ``and the Advisory 
     Council on Education Statistics''; and
       (C) in paragraph (6), by striking ``section 411(e)'' and 
     inserting ``section 303(e)''; and
       (6) by transferring and redesignating the section as 
     section 302 (following section 301) of title III of this Act.

[[Page H7874]]

       (d) National Assessment of Educational Progress.--Section 
     411 of the National Education Statistics Act of 1994 (20 
     U.S.C. 9010) is amended--
       (1) by striking ``Commissioner'' each place such term 
     appears and inserting ``Commissioner for Education 
     Statistics'';
       (2) by striking ``National Assessment Governing Board'' and 
     ``National Board'' each place either such term appears and 
     inserting ``Assessment Board'';
       (3) in subsection (a)--
       (A) by striking ``section 412'' and inserting ``section 
     302''; and
       (B) by striking ``and with the technical assistance of the 
     Advisory Council established under section 407,'';
       (4) in subsection (b)--
       (A) in paragraph (1), by inserting ``of'' after ``academic 
     achievement and reporting'';
       (B) in paragraph (3)(A)--
       (i) in clause (i), by striking ``paragraphs (1)(B) and 
     (1)(E)'' and inserting ``paragraphs (2)(B) and (2)(E)'';
       (ii) in clause (ii), by striking ``paragraph (1)(C)'' and 
     inserting ``paragraph (2)(C)''; and
       (iii) in clause (iii), by striking ``paragraph (1)(D)'' and 
     inserting ``paragraph (2)(D)''; and
       (C) in paragraph (5), by striking ``(c)(2)'' and inserting 
     ``(c)(3)'';
       (5) in subsection (c)(2)(D), by striking ``subparagraph 
     (B)'' and inserting ``subparagraph (C)'';
       (6) in subsection (e)(4), by striking ``subparagraph 
     (2)(C)'' and inserting ``paragraph (2)(C) of such 
     subsection'';
       (7) in subsection (f)(1)(B)(iv), by striking ``section 
     412(e)(4)'' and inserting ``section 302(e)(4)''; and
       (8) by transferring and redesignating the section as 
     section 303 (following section 302) of title III of this Act.
       (e) Table of Contents Amendment.--The items relating to 
     title III in the table of contents of this Act, as amended by 
     section 401 of this Act, are amended to read as follows:

        ``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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

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

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


                   ``institute of education sciences

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

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

     SEC. 403. REPEALS.

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

     SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

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

     SEC. 405. 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.).
  Mr. KILDEE. Mr. Speaker, today's consideration of the Education 
Sciences Reform Act marks an important step in addressing the quality 
and effectiveness of education research and technical assistance. I 
believe our work on this legislation over the last 3 years has produced 
a good bipartisan product that is much improved over the House passed 
version. I do want to thank Chairmen Castle and Boehner for their 
willingness to address Democratic concerns on this legislation and for 
working in a bipartisan manner to pass meaningful reform.
  This legislation addresses several critical issues in the area of 
education research. First is adequate resources. This bill authorizes 
approximately $700 million for the Department's research and technical 
assistance activities--nearly double existing funding. This level of 
funding is vital if the research Institute created under this 
legislation is to become a top-flight education research organization. 
The legislation also includes provisions sought by Representative 
Owens, a longtime leader in Congress on education research issues, to 
increase outreach to and involvement of HBCUs and HSIs, and to permit 
fellowships to build research knowledge and experience.
  Secondly, this legislation ensures that research is concluded through 
a minimum of 8 national research and development centers studying 
specified topics and 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 
Education Progress, 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, with the 
exception of the bill's express provision granting NAGB authority over 
the initial release of NAEP reports.
  Lastly, the bill ensures that we have a strong regional development 
and technical assistance focus that continues the existing Regional 
Educational Laboratory program and

[[Page H7875]]

strengthens the Comprehensive Center program by expanding the number of 
Centers to 20.
  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 development activities. It is my belief that this legislation 
improves the state of our education research efforts and I urge Members 
to support it today.
  Mr. BOEHNER. Mr. Speaker, the time for final passage of the 
reauthorization of the Office of Education Research and Improvement, 
OERI, has come. The Senate and the House have agreed on the language of 
the bill, and both houses, on a bipartisan, bicameral basis have agreed 
to vote on it before we adjourn.
  My colleagues, Mr. Castle, Mr. Kildee, and Mr. Miller in the House, 
and Senators Kennedy and Gregg deserve a great deal of credit for 
moving the Education Sciences Reform Act of 2002 and finally bringing 
the bill to a final vote. Without the leadership and determination of 
these gentlemen, it wouldn't have happened this year.
  Providing high quality, scientifically based education research is 
vital if we are to improve our nation's schools and help every child 
receive a quality education. The Education Sciences Reform Act of 2002 
ensures such research will occur. In addition, it provides for 
technical assistance to States, school 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.
  Some of the reforms that have been included in this bill are 
significant and will offer the opportunity for a new ``culture of 
science'' to develop in Federal research, evaluation, and statistics. 
Let me describe just a few. The bill:
  Requires Scientifically Based Research--Research that can't or won't 
meet these standards will be ineligible for federal funds. This means 
scientific experiments will help ensure that schools do not waste 
scarce resources on ineffective programs and methods of instruction.
  Focuses the Research, Evaluation and Statistics Activities of the 
Department--The bill ensures that the new Institute of Education 
Sciences is responsible for research, evaluation and statistics 
activities only. It will no longer administer grant programs, which 
dilute the focus of the Institute.
  Eliminates Bureaucracy--The bill eliminates the five National 
Research Institutes, which were supposed to organize and support 
education research in specific areas but never did.
  Guards Against Partisan or Political Activities--The decision-makers 
in charge of research, statistics and evaluation are required to be 
highly qualified in their respective fields, ensuring that scientists--
not politicians--will be in charge. Also, these scientists must ensure 
that all activities at the Institute are free from bias and political 
influence.
  Expands Competition--The bill expands competition to allow other 
research entities, such as public or private, profit or nonprofit 
research organizations, to compete for Federal funds. The Director has 
the flexibility to award contracts and grants to those entities that 
meet the priorities and the standards of the Institute.
  Helps States and Schools--The bill specifically asks those 
responsible for technical assistance to focus on helping states and 
schools implement education reforms, especially as they relate to the 
No Child Left Behind Act.
  I also want to highlight a provision included in this legislation to 
support states in developing longitudinal data systems. As schools, 
districts, and States work to collect, disaggregate, and analyze the 
data that No Child Left Behind requires, especially as they use that 
data to determine which schools and districts are making adequate 
yearly progress, it is critical that states have an adequate mechanism 
in place to monitor the academic achievement of students from year to 
year, and this bill can help ensure that states have the data they need 
to ensure accountability for results.
  This legislation allows the Secretary to make grants to States for 
the development of statewide, longitudinal data systems. The intent of 
this program is to help States with their ongoing efforts to develop 
such a system, as needed. In some cases that may mean a State is 
starting from scratch. In others, a State that already has a data 
system in place at the district or school level may be assisted. I 
would encourage those States currently working, either on their own or 
with high quality organizations, to improve their data systems to apply 
for assistance under this provision.
  Different school districts often use different systems of data 
collection. This language would allow a state to build a statewide, 
longitudinal data system that is comprised of diverse systems at the 
district and local level, so long as the data was collected at the 
State level in a consistent format.
  Mr. Speaker, we have worked closely with the President and the 
administration as we have developed this bill, and have their support 
for its final passage.
  And once again, I thank my colleagues, Mr. Castle, Mr. Miller, Mr. 
Kildee, and Senators Gregg and Kennedy for making this bipartisan 
process work. We have continued the good relationship we had during the 
yearlong work on the No Child Left Behind Act. I am hopeful that we 
have set a new tone and a new example in Congress. Even in an election 
year, the approval by both the House and the Senate of the Education 
Sciences Reform Act of 2002 demonstrates once again that we can do 
great things when we work together.
  The staff of both the House and Senate Committees is to be commended 
for their hard work too. Thank you, on both sides of the aisle and both 
sides of the Hill, for your outstanding work on this important 
legislation. I urge my Colleague to vote ``aye'' and pass this bill.
  Mr. McKEON, Mr. Speaker, I rise in support of H.R. 5598, the 
Education Sciences Reform Act of 2002, which will provide for the 
improvement of Federal education research.
  We all know that educational research in all disciplines is critical 
to the education of America's youth. By requiring that research be 
based on valid scientific findings, H.R. 5598 will greatly improve the 
quality of federal scientific research in education.
  As has been talked about today, the Education Sciences Reform Act 
will streamline and strengthen education research by replacing the 
current Office of Educational Research and Improvement with a new, more 
independent Institute of Education Science. The institute will provide 
the infrastructure necessary to undertake coordinated, high quality 
education research and statistical and program evaluation activities 
within the Department of Education.
  Furthermore, H.R. 5598 establishes quality standards that will put an 
end to trends in education that masquerade as sensible science, 
requiring all federally funded activities to meet these new standards 
of quality, including scientifically based research. H.R. 5598 also 
makes certain that research priorities focus on solving key problems 
and are informed by the needs of teachers, parents and school 
administrators, rather than political pressure.
  Finally, this bill makes technical assistance, including support in 
carrying out the conditions of No child Left Behind, ``customer-
driven'' and accountable to school districts, states and regions.
  With that in mind, I would like to thank the chairman of the 
Education Reform Subcommittee, the gentleman from Delaware, Mr. Castle, 
for his assistance and support of the Southern California Comprehensive 
Assistance Center, SCCAC. Because of the language included in the bill, 
regional education agencies like the Los Angeles County Office of 
Education (LACOE), California's largest regional educational agency, 
which have been critical in providing hands on technical assistance to 
low-performing schools and districts, will be competitive for grant 
funding under the technical assistance title.
  Under the leadership of the Los Angeles County Office of Education, 
the SCCAC provides support, training, and assistance to local schools 
and communities in an effort to improve teaching and learning for all 
children, including those who live in poverty, have limited-English 
proficiency, are neglected, delinquent, or have disabilities.
  As the gentleman is aware, section 203 of the bill ensures that local 
entities or consortia eligible to receive grants includes regional 
educational agencies as well. I want to, once again, thank the chairman 
for his assistance in ensuring that our local regional entities are 
eligible. We are very proud of the work done by our eight county 
comprehensive assistance center and the value it can bring to this new 
system.
  In closing, I urge the House to vote ``yes'' on H.R. 5598, a bill 
that builds on the Administration's plans to reform America's education 
system--through accountability, flexibility and local control, 
research-based reform and expanded parental options. I believe that the 
passage of this bill will significantly ensure that our children have 
access to the most advanced educational opportunities possible.
  Mr. CASTLE. Mr. Speaker, nearly 3 years ago, I introduced legislation 
to transform the Department of Education's Office of Educational Reform 
and Improvement, OERI, into a streamline, more independent and more 
scientific ``Institute of Education Sciences.'' Today, nearly 6 months 
after the House of Representatives passed the bill unanimously, we are 
poised enact long-overdue reforms to ensure that education research is 
based on science--not fads or fiction.

[[Page H7876]]

  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. For that reason, among other things, my legislation: 
Replaces OERI with a new streamlined National Institute of Education 
Science; insulates Federal research, evaluations and statistics from 
inappropriate partisan or political influences; ensures high quality 
standards; creates a ``culture of science; by allowing the Director to 
attract the best researchers, evaluators and statisticians to the 
Institute; and, ensures that technical assistance is responsive to the 
needs of States and schools.
  If we are to lift those who are struggling to achieve proficiency in 
reading, math and science, we must expect scientific rigor. And we must 
ensure that `what works' in education informs classroom practice. My 
legislation does just that.
  Of course, this legislation would not have been possible without the 
hard work of members on both sides of the aisle and both chambers of 
Congress. In particular, I want to thank the full Committee Chairman 
John Boehner, Ranking Member George Miller and my Subcommittee Ranking 
Member Dale Kildee as well as Chairman Kennedy and Ranking Member Gregg 
for their assistance and their strong support throughout this process.
  I also want to thank Secretary Paige, Assistant Secretary Russ 
Whitehurst and the staff at the Department, whose counsel and technical 
expertise were invaluable. Last, but certainly not least, I want to 
thank the staff who put in countless hours to get this legislation 
right--Doug Mesecar, Bob Sweet, Sally Lovejoy, Alex Nock, Denise Forte, 
Jane Oats, Tracy Locklin, and Denzel McGuire. They all deserve our 
thanks and appreciation.
  As there will be no conference report to accompany this legislation, 
I would like to take this opportunity to clarify a few points. The 
comprehensive centers under this act will provide essential technical 
assistance and professional development to help our States and schools 
advance the goals of the No Child Left Behind Act. It is our intent 
that the reference to ``local entities'' or ``consortia of such 
entities'' in section 203 include regional educational agencies as 
among those eligible to receive grants. As my colleague, Mr. McKeon, 
has informed me, the state of California has a consortium of eight 
regional offices of education that provide hands-on technical 
assistance and professional development directly to schools in southern 
California. It is our intent that the regional offices of education 
will continue to be eligible to participate in our improved structure.
  Finally, I would like to clarify the intent of section 117(d), 
regarding the supervision and removal authority of the Director. This 
section does not mean that the NCES Commissioner operates independently 
of the Director of the Institute. In fact, the Statistics Commissioner 
is an officer of the government and has the authority fulfill the 
duties stipulated in section 154 and section 155 of the bill, such as 
the authority to enter into contracts and the authority to supervise 
the technical work of the Statistics Center. However, since NCES is a 
part of the Institute it, along with the other National Education 
Centers, it ultimately subject to the oversight of the Director of the 
Institutes.


Discharged from the Committee on Education and the Workforce and Passed

  H.R. 5601, to amend the Child Abuse Prevention and Treatment Act to 
make improvements to and reauthorize programs under that Act, and for 
other purposes.

                               H.R. 5601

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Keeping 
     Children and Families Safe Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 101. Findings.

                      Subtitle A--General Program

Sec. 111. National Clearinghouse for Information Relating to Child 
              Abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and 
              organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and 
              treatment programs.
Sec. 115. Miscellaneous requirements relating to assistance.
Sec. 116. Authorization of appropriations.
Sec. 117. Reports.

  Subtitle B--Community-Based Grants for the Prevention of Child Abuse

Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource 
              programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.

                    TITLE II--ADOPTION OPPORTUNITIES

Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.

                TITLE III--ABANDONED INFANTS ASSISTANCE

Sec. 301. Findings.
Sec. 302. Establishment of local programs.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

     SEC. 101. FINDINGS.

       Section 2 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5101 note) is amended--
       (1) in paragraph (1), by striking ``close to 1,000,000'' 
     and inserting ``approximately 900,000'';
       (2) by redesignating paragraphs (2) through (11) as 
     paragraphs (4) through (13), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2)(A) more children suffer neglect than any other form 
     of maltreatment; and
       ``(B) investigations have determined that approximately 63 
     percent of children who were victims of maltreatment in 2000 
     suffered neglect, 19 percent suffered physical abuse, 10 
     percent suffered sexual abuse, and 8 percent suffered 
     emotional maltreatment;
       ``(3)(A) child abuse can result in the death of a child;
       ``(B) in 2000, an estimated 1,200 children were counted by 
     child protection services to have died as a result of abuse 
     or neglect; and
       ``(C) children younger than 1 year old comprised 44 percent 
     of child abuse fatalities and 85 percent of child abuse 
     fatalities were younger than 6 years of age;'';
       (4) by striking paragraph (4) (as so redesignated), and 
     inserting the following:
       ``(4)(A) many of these children and their families fail to 
     receive adequate protection and treatment;
       ``(B) slightly less than half of these children (45 percent 
     in 2000) and their families fail to receive adequate 
     protection or treatment; and
       ``(C) in fact, approximately 80 percent of all children 
     removed from their homes and placed in foster care in 2000, 
     as a result of an investigation or assessment conducted by 
     the child protective services agency, received no 
     services;'';
       (5) in paragraph (5) (as so redesignated)--
       (A) in subparagraph (A), by striking ``organizations'' and 
     inserting ``community-based organizations'';
       (B) in subparagraph (D), by striking ``ensures'' and all 
     that follows through ``knowledge,'' and inserting 
     ``recognizes the need for properly trained staff with the 
     qualifications needed''; and
       (C) in subparagraph (E), by inserting before the semicolon 
     the following: ``, which may impact child rearing patterns, 
     while at the same time, not allowing those differences to 
     enable abuse'';
       (6) in paragraph (7) (as so redesignated), by striking 
     ``this national child and family emergency'' and inserting 
     ``child abuse and neglect''; and
       (7) in paragraph (9) (as so redesignated)--
       (A) by striking ``intensive'' and inserting ``needed''; and
       (B) by striking ``if removal has taken place'' and 
     inserting ``where appropriate''.

                      Subtitle A--General Program

     SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       (a) Functions.--Section 103(b) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--
       (1) in paragraph (1), by striking ``all programs,'' and all 
     that follows through ``neglect; and'' and inserting ``all 
     effective programs, including private and community-based 
     programs, that show promise of success with respect to the 
     prevention, assessment, identification, and treatment of 
     child abuse and neglect and hold the potential for broad 
     scale implementation and replication;'';
       (2) in paragraph (2), by striking the period and inserting 
     a semicolon;
       (3) by redesignating paragraph (2) as paragraph (3);
       (4) by inserting after paragraph (1) the following:
       ``(2) maintain information about the best practices used 
     for achieving improvements in child protective systems;''; 
     and
       (5) by adding at the end the following:

[[Page H7877]]

       ``(4) provide technical assistance upon request that may 
     include an evaluation or identification of--
       ``(A) various methods and procedures for the investigation, 
     assessment, and prosecution of child physical and sexual 
     abuse cases;
       ``(B) ways to mitigate psychological trauma to the child 
     victim; and
       ``(C) effective programs carried out by the States under 
     this Act; and
       ``(5) collect and disseminate information relating to 
     various training resources available at the State and local 
     level to--
       ``(A) individuals who are engaged, or who intend to engage, 
     in the prevention, identification, and treatment of child 
     abuse and neglect; and
       ``(B) appropriate State and local officials to assist in 
     training law enforcement, legal, judicial, medical, mental 
     health, education, and child welfare personnel.''.
       (b) Coordination With Available Resources.--Section 
     103(c)(1) of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5104(c)(1)) is amended--
       (1) in subparagraph (E), by striking ``105(a); and'' and 
     inserting ``104(a);'';
       (2) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) collect and disseminate information that describes 
     best practices being used throughout the Nation for making 
     appropriate referrals related to, and addressing, the 
     physical, developmental, and mental health needs of abused 
     and neglected children; and''.

     SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND 
                   DEMONSTRATIONS.

       (a) Research.--Section 104(a) of the Child Abuse Prevention 
     and Treatment Act (42 U.S.C. 5105(a)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), in the first 
     sentence, by inserting ``, including longitudinal research,'' 
     after ``interdisciplinary program of research''; and
       (B) in subparagraph (B), by inserting before the semicolon 
     the following: ``, including the effects of abuse and neglect 
     on a child's development and the identification of successful 
     early intervention services or other services that are 
     needed'';
       (C) in subparagraph (C)--
       (i) by striking ``judicial procedures'' and inserting 
     ``judicial systems, including multidisciplinary, coordinated 
     decisionmaking procedures''; and
       (ii) by striking ``and'' at the end; and
       (D) in subparagraph (D)--
       (i) in clause (viii), by striking ``and'' at the end;
       (ii) by redesignating clause (ix) as clause (x); and
       (iii) by inserting after clause (viii), the following:
       ``(ix) the incidence and prevalence of child maltreatment 
     by a wide array of demographic characteristics such as age, 
     sex, race, family structure, household relationship 
     (including the living arrangement of the resident parent and 
     family size), school enrollment and education attainment, 
     disability, grandparents as caregivers, labor force status, 
     work status in previous year, and income in previous year; 
     and'';
       (E) by redesignating subparagraph (D) as subparagraph (I); 
     and
       (F) by inserting after subparagraph (C), the following:
       ``(D) the evaluation and dissemination of best practices 
     consistent with the goals of achieving improvements in the 
     child protective services systems of the States in accordance 
     with paragraphs (1) through (12) of section 106(a);
       ``(E) effective approaches to interagency collaboration 
     between the child protection system and the juvenile justice 
     system that improve the delivery of services and treatment, 
     including methods for continuity of treatment plan and 
     services as children transition between systems;
       ``(F) an evaluation of the redundancies and gaps in the 
     services in the field of child abuse and neglect prevention 
     in order to make better use of resources;
       ``(G) the nature, scope, and practice of voluntary 
     relinquishment for foster care or State guardianship of low 
     income children who need health services, including mental 
     health services;
       ``(H) the information on the national incidence of child 
     abuse and neglect specified in clauses (i) through (xi) of 
     subparagraph (H); and'';
       (2) in paragraph (2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Not later than 2 years after the date of enactment of 
     the Keeping Children and Families Safe Act of 2002, and every 
     2 years thereafter, the Secretary shall provide an 
     opportunity for public comment concerning the priorities 
     proposed under subparagraph (A) and maintain an official 
     record of such public comment.'';
       (3) by redesignating paragraph (2) as paragraph (4);
       (4) by inserting after paragraph (1) the following:
       ``(2) Research.--The Secretary shall conduct research on 
     the national incidence of child abuse and neglect, including 
     the information on the national incidence on child abuse and 
     neglect specified in subparagraphs (i) through (ix) of 
     paragraph (1)(I).
       ``(3) Report.--Not later than 4 years after the date of the 
     enactment of the Keeping Children and Families Safe Act of 
     2002, the Secretary shall prepare and submit to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, Labor 
     and Pensions of the Senate a report that contains the results 
     of the research conducted under paragraph (2).''.
       (b) Provision of Technical Assistance.--Section 104(b) of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5105(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``nonprofit private agencies and'' and 
     inserting ``private agencies and community-based''; and
       (B) by inserting ``, including replicating successful 
     program models,'' after ``programs and activities''; and
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) effective approaches being utilized to link child 
     protective service agencies with health care, mental health 
     care, and developmental services to improve forensic 
     diagnosis and health evaluations, and barriers and shortages 
     to such linkages.''.
       (c) Demonstration Programs and Projects.--Section 104 of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105) 
     is amended by adding at the end the following:
       ``(e) Demonstration Programs and Projects.--The Secretary 
     may award grants to, and enter into contracts with, States or 
     public or private agencies or organizations (or combinations 
     of such agencies or organizations) for time-limited, 
     demonstration projects for the following:
       ``(1) Promotion of safe, family-friendly physical 
     environments for visitation and exchange.--The Secretary may 
     award grants under this subsection to entities to assist such 
     entities in establishing and operating safe, family-friendly 
     physical environments--
       ``(A) for court-ordered, supervised visitation between 
     children and abusing parents; and
       ``(B) to safely facilitate the exchange of children for 
     visits with noncustodial parents in cases of domestic 
     violence.
       ``(2) Education identification, prevention, and 
     treatment.--The Secretary may award grants under this 
     subsection to entities for projects that provide educational 
     identification, prevention, and treatment services in 
     cooperation with preschool and elementary and secondary 
     schools.
       ``(3) Risk and safety assessment tools.--The Secretary may 
     award grants under this subsection to entities for projects 
     that provide for the development of research-based risk and 
     safety assessment tools relating to child abuse and neglect.
       ``(4) Training.--The Secretary may award grants under this 
     subsection to entities for projects that involve research-
     based innovative training for mandated child abuse and 
     neglect reporters.
       ``(5) Research-based adolescent victim/victimizer 
     prevention programs.--The Secretary may award grants to 
     organizations that demonstrate innovation in preventing child 
     sexual abuse through school-based programs in partnership 
     with parents and community-based organizations to establish a 
     network of trainers who will work with schools to implement 
     the program. The program shall be research-based, meet State 
     guidelines for health education, and should reduce child 
     sexual abuse by focusing on prevention for both adolescent 
     victims and victimizers.''.

     SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND 
                   ORGANIZATIONS.

       (a) Demonstration Programs and Projects.--Section 105(a) of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106(a)) is amended--
       (1) in the subsection heading, by striking 
     ``Demonstration'' and inserting ``Grants for'';
       (2) in the matter preceding paragraph (1)--
       (A) by inserting ``States,'' after ``contracts with,'';
       (B) by striking ``nonprofit''; and
       (C) by striking ``time limited, demonstration'';
       (3) in paragraph (1)--
       (A) in subparagraph (A), by striking ``law, education, 
     social work, and other relevant fields'' and inserting ``law 
     enforcement, judiciary, social work and child protection, 
     education, and other relevant fields, or individuals such as 
     court appointed special advocates (CASAs) and guardian ad 
     litem,'';
       (B) in subparagraph (B), by striking ``nonprofit'' and all 
     that follows through ``; and'' and inserting ``children, 
     youth and family service organizations in order to prevent 
     child abuse and neglect;'';
       (C) in subparagraph (C), by striking the period and 
     inserting a semicolon;
       (D) by adding at the end the following:
       ``(D) for training to support the enhancement of linkages 
     between child protective service agencies and health care 
     agencies, including physical and mental health services, to 
     improve forensic diagnosis and health evaluations and for 
     innovative partnerships between child protective service 
     agencies and health care agencies that offer creative 
     approaches to using existing Federal, State, local, and 
     private funding to meet the health evaluation needs of 
     children who have been subjects of substantiated cases of 
     child abuse or neglect;

[[Page H7878]]

       ``(E) for the training of personnel in best practices to 
     promote collaboration with the families from the initial time 
     of contact during the investigation through treatment;
       ``(F) for the training of personnel regarding the legal 
     duties of such personnel and their responsibilities to 
     protect the legal rights of children and families;
       ``(G) for improving the training of supervisory and 
     nonsupervisory child welfare workers;
       ``(H) for enabling State child welfare agencies to 
     coordinate the provision of services with State and local 
     health care agencies, alcohol and drug abuse prevention and 
     treatment agencies, mental health agencies, and other public 
     and private welfare agencies to promote child safety, 
     permanence, and family stability;
       ``(I) for cross training for child protective service 
     workers in research-based methods for recognizing situations 
     of substance abuse, domestic violence, and neglect; and
       ``(J) for developing, implementing, or operating 
     information and education programs or training programs 
     designed to improve the provision of services to disabled 
     infants with life-threatening conditions for--
       ``(i) professionals and paraprofessional personnel 
     concerned with the welfare of disabled infants with life-
     threatening conditions, including personnel employed in child 
     protective services programs and health care facilities; and
       ``(ii) the parents of such infants.'';
       (4) by redesignating paragraph (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (5) by inserting after paragraph (1), the following:
       ``(2) Triage procedures.--The Secretary may award grants 
     under this subsection to public and private agencies that 
     demonstrate innovation in responding to reports of child 
     abuse and neglect, including programs of collaborative 
     partnerships between the State child protective services 
     agency, community social service agencies and family support 
     programs, law enforcement agencies, developmental disability 
     agencies, substance abuse treatment entities, health care 
     entities, domestic violence prevention entities, mental 
     health service entities, schools, churches and synagogues, 
     and other community agencies, to allow for the establishment 
     of a triage system that--
       ``(A) accepts, screens, and assesses reports received to 
     determined which such reports require an intensive 
     intervention and which require voluntary referral to another 
     agency, program, or project;
       ``(B) provides, either directly or through referral, a 
     variety of community-linked services to assist families in 
     preventing child abuse and neglect; and
       ``(C) provides further investigation and intensive 
     intervention where the child's safety is in jeopardy.'';
       (6) in paragraph (3) (as so redesignated), by striking 
     ``(such as Parents Anonymous)'';
       (7) in paragraph (4) (as so redesignated)--
       (A) by striking the paragraph heading;
       (B) by striking subparagraphs (A) and (C); and
       (C) in subparagraph (B)--
       (i) by striking ``(B) Kinship care.--'' and inserting the 
     following:
       ``(4) Kinship care.--
       ``(A) In general.--''; and
       (ii) by striking ``nonprofit''; and
       (8) by adding at the end the following:
       ``(5) Linkages between child protective service agencies 
     and public health, mental health, and developmental 
     disabilities agencies.--The Secretary may award grants to 
     entities that provide linkages between State or local child 
     protective service agencies and public health, mental health, 
     and developmental disabilities agencies, for the purpose of 
     establishing linkages that are designed to help assure that a 
     greater number of substantiated victims of child maltreatment 
     have their physical health, mental health, and developmental 
     needs appropriately diagnosed and treated.''.
       (b) Discretionary Grants.--Section 105(b) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is 
     amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (3) by inserting after paragraph (2) (as so redesignated), 
     the following:
       ``(3) Programs based within children's hospitals or other 
     pediatric and adolescent care facilities, that provide model 
     approaches for improving medical diagnosis of child abuse and 
     neglect and for health evaluations of children for whom a 
     report of maltreatment has been substantiated.''; and
       (4) in paragraph (4)(D), by striking ``nonprofit''.
       (c) Evaluation.--Section 105(c) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106(c)) is amended--
       (1) in the first sentence, by striking ``demonstration'';
       (2) in the second sentence, by inserting ``or contract'' 
     after ``or as a separate grant''; and
       (3) by adding at the end the following: ``In the case of an 
     evaluation performed by the recipient of a grant, the 
     Secretary shall make available technical assistance for the 
     evaluation, where needed, including the use of a rigorous 
     application of scientific evaluation techniques.''.
       (d) Technical Amendment to Heading.--The section heading 
     for section 105 of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5106) is amended to read as follows:

     ``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES 
                   AND ORGANIZATIONS.''.

     SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       (a) Development and Operation Grants.--Section 106(a) of 
     the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106a(a)) is amended--
       (1) in paragraph (3)--
       (A) by inserting ``, including ongoing case monitoring,'' 
     after ``case management''; and
       (B) by inserting ``and treatment'' after ``and delivery of 
     services'';
       (2) in paragraph (4), by striking ``improving'' and all 
     that follows through ``referral systems'' and inserting 
     ``developing, improving, and implementing risk and safety 
     assessment tools and protocols'';
       (3) by striking paragraph (7);
       (4) by redesignating paragraphs (5), (6), (8), and (9) as 
     paragraphs (6), (8), (9), and (12), respectively;
       (5) by inserting after paragraph (4), the following:
       ``(5) developing and updating systems of technology that 
     support the program and track reports of child abuse and 
     neglect from intake through final disposition and allow 
     interstate and intrastate information exchange;'';
       (6) in paragraph (6) (as so redesignated), by striking 
     ``opportunities'' and all that follows through ``system'' and 
     inserting ``including training regarding research-based 
     practices to promote collaboration with the families and the 
     legal duties of such individuals'';
       (7) by inserting after paragraph (6) (as so redesignated) 
     the following:
       ``(7) improving the skills, qualifications, and 
     availability of individuals providing services to children 
     and families, and the supervisors of such individuals, 
     through the child protection system, including improvements 
     in the recruitment and retention of caseworkers;'';
       (8) by striking paragraph (9) (as so redesignated), and 
     inserting the following:
       ``(9) developing and facilitating research-based training 
     protocols for individuals mandated to report child abuse or 
     neglect;
       ``(10) developing, implementing, or operating programs to 
     assist in obtaining or coordinating necessary services for 
     families of disabled infants with life-threatening 
     conditions, including--
       ``(A) existing social and health services;
       ``(B) financial assistance; and
       ``(C) services necessary to facilitate adoptive placement 
     of any such infants who have been relinquished for adoption;
       ``(11) developing and delivering information to improve 
     public education relating to the role and responsibilities of 
     the child protection system and the nature and basis for 
     reporting suspected incidents of child abuse and neglect;''; 
     and
       (9) in paragraph (12) (as so redesignated), by striking the 
     period and inserting a semicolon;
       (10) by adding at the end the following:
       ``(13) supporting and enhancing interagency collaboration 
     between the child protection system and the juvenile justice 
     system for improved delivery of services and treatment, 
     including methods for continuity of treatment plan and 
     services as children transition between systems; or
       ``(14) supporting and enhancing collaboration among public 
     health agencies, the child protection system, and private 
     community-based programs to provide child abuse and neglect 
     prevention and treatment services (including linkages with 
     education systems) and to address the health needs, including 
     mental health needs, of children identified as abused or 
     neglected, including supporting prompt, comprehensive health 
     and developmental evaluations for children who are the 
     subject of substantiated child maltreatment reports.''.
       (b) Eligibility Requirements.--
       (1) In general.--Section 106(b) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106a(b)) is 
     amended--
       (A) in paragraph (1)(B)--
       (i) by striking ``provide notice to the Secretary of any 
     substantive changes'' and inserting the following: `` provide 
     notice to the Secretary--
       ``(i) of any substantive changes; and'';
       (ii) by striking the period and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(ii) any significant changes to how funds provided under 
     this section are used to support the activities which may 
     differ from the activities as described in the current State 
     application.'';
       (B) in paragraph (2)(A)--
       (i) by redesignating clauses (ii), (iii), (iv), (v), (vi), 
     (vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses 
     (iii), (v), (vi), (vii), (ix), (x), (xi), (xii), (xiii), 
     (xiv), (xv) and (xvi), respectively;
       (ii) by inserting after clause (i), the following:
       ``(ii) policies and procedures (including appropriate 
     referrals to child protection service systems and for other 
     appropriate services) to address the needs of infants born 
     and identified as being physically affected by illegal 
     substance abuse or withdrawal symptoms resulting from 
     prenatal drug exposure and requirements for the development 
     of a plan of safe care for the infant;'';
       (iii) in clause (iii) (as so redesignated), by inserting 
     ``risk and'' before ``safety'';
       (iv) by inserting after clause (iii) (as so redesignated), 
     the following:
       ``(iv) triage procedures for the appropriate referral of a 
     child not at risk of imminent harm to a community 
     organization or voluntary preventive service;'';

[[Page H7879]]

       (v) in clause (vii)(II) (as so redesignated), by striking 
     ``, having a need for such information in order to carry out 
     its responsibilities under law to protect children from abuse 
     and neglect'' and inserting ``, as described in clause 
     (viii)'';
       (vi) by inserting after clause (vii) (as so redesignated), 
     the following:
       ``(viii) provisions to require a State to disclose 
     confidential information to any Federal, State, or local 
     government entity, or any agent of such entity, that has a 
     need for such information in order to carry out its 
     responsibilities under law to protect children from abuse and 
     neglect;'';
       (vii) in clause (xii) (as so redesignated)--

       (I) by inserting ``who has received training appropriate to 
     the role, and'' after ``guardian ad litem,''; and
       (II) by inserting ``who has received training appropriate 
     to that role'' after ``advocate'';

       (viii) in clause (xiv) (as so redesignated), by striking 
     ``to be effective not later than 2 years after the date of 
     enactment of this section'';
       (ix) in clause (xv) (as so redesignated)--

       (I) by striking ``to be effective not later than 2 years 
     after the date of enactment of this section''; and
       (II) by striking ``and'' at the end;

       (x) in clause (xvi) (as so redesignated), by striking 
     ``clause (xii)'' each place that such appears and inserting 
     ``clause (xv)''; and
       (xi) by adding at the end the following:
       ``(xvii) provisions and procedures to require that a 
     representative of the child protective services agency shall, 
     at the initial time of contact with the individual subject to 
     a child abuse and neglect investigation, advise the 
     individual of the complaints or allegations made against the 
     individual, in a manner that is consistent with laws 
     protecting the rights of the informant;
       ``(xviii) provisions addressing the training of 
     representatives of the child protective services system 
     regarding the legal duties of the representatives, which may 
     consist of various methods of informing such representatives 
     of such duties, in order to protect the legal rights and 
     safety of children and families from the initial time of 
     contact during investigation through treatment;
       ``(xix) provisions and procedures for improving the 
     training, retention, and supervision of caseworkers; and
       ``(xx) not later than 2 years after the date of enactment 
     of the Keeping Children and Families Safe Act of 2002, 
     provisions and procedures for requiring criminal background 
     record checks for prospective foster and adoptive parents and 
     other adult relatives and non-relatives residing in the 
     household;''; and
       (C) in paragraph (2), by adding at the end the following 
     flush sentence:
     ``Nothing in subparagraph (A) shall be construed to limit the 
     State's flexibility to determine State policies relating to 
     public access to court proceedings to determine child abuse 
     and neglect.''.
       (2) Limitation.--Section 106(b)(3) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is 
     amended by striking ``With regard to clauses (v) and (vi) of 
     paragraph (2)(A)'' and inserting ``With regard to clauses 
     (vi) and (vii) of paragraph (2)(A)''.
       (c) Citizen Review Panels.--Section 106(c) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is 
     amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i)--

       (I) by striking ``and procedures'' and inserting ``, 
     procedures, and practices''; and
       (II) by striking ``the agencies'' and inserting ``State and 
     local child protection system agencies''; and

       (ii) in clause (iii)(I), by striking ``State'' and 
     inserting ``State and local''; and
       (B) by adding at the end the following:
       ``(C) Public outreach.--Each panel shall provide for public 
     outreach and comment in order to assess the impact of current 
     procedures and practices upon children and families in the 
     community and in order to meet its obligations under 
     subparagraph (A).''; and
       (2) in paragraph (6)--
       (A) by striking ``public'' and inserting ``State and the 
     public''; and
       (B) by inserting before the period the following: ``and 
     recommendations to improve the child protection services 
     system at the State and local levels. Not later than 6 months 
     after the date on which a report is submitted by the panel to 
     the State, the appropriate State agency shall submit a 
     written response to the State and local child protection 
     systems that describes whether or how the State will 
     incorporate the recommendations of such panel (where 
     appropriate) to make measurable progress in improving the 
     State and local child protective system''.
       (d) Annual State Data Reports.--Section 106(d) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
     amended by adding at the end the following:
       ``(13) The annual report containing the summary of the 
     activities of the citizen review panels of the State required 
     by subsection (c)(6).
       ``(14) The number of children under the care of the State 
     child protection system who are transferred into the custody 
     of the State juvenile justice system.''.
       (e) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall prepare and submit to Congress a report that 
     describes the extent to which States are implementing the 
     policies and procedures required under section 
     106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment 
     Act.

     SEC. 115. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

       Section 108 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106d) is amended by adding at the end the 
     following:
       ``(d) GAO Study.--The Comptroller General of the United 
     States shall conduct a survey of a wide range of State and 
     local child protection service systems to evaluate and submit 
     to Congress a report concerning the cross training of child 
     protective service workers and court personnel.
       ``(e) Sense of Congress.--It is the sense of Congress that 
     the Secretary should encourage all States and public and 
     private agencies or organizations that receive assistance 
     under this title to ensure that children and families with 
     limited English proficiency who participate in programs under 
     this title are provided materials and services under such 
     programs in an appropriate language other than English.''.

     SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

       (a) General Authorization.--Section 112(a)(1) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is 
     amended to read as follows:
       ``(1) General authorization.--There are authorized to be 
     appropriated to carry out this title $120,000,000 for fiscal 
     year 2003 and such sums as may be necessary for each of the 
     fiscal years 2004 through 2007.''.
       (b) Demonstration Projects.--Section 112(a)(2)(B) of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5106h(a)(2)(B)) is amended--
       (1) by striking ``Secretary make'' and inserting 
     ``Secretary shall make''; and
       (2) by striking ``section 106'' and inserting ``section 
     104''.

     SEC. 117. REPORTS.

       Section 110 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106f) is amended by adding at the end the 
     following:
       ``(c) Study and Report Relating to Citizen Review Panels.--
       ``(1) Study.--The Secretary shall conduct a study by random 
     sample of the effectiveness of the citizen review panels 
     established under section 106(c).
       ``(2) Report.--Not later than 3 years after the date of 
     enactment of the Keeping Children and Families Safe Act of 
     2002, the Secretary shall submit to the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate a report that contains the results of the study 
     conducted under paragraph (1).''.

  Subtitle B--Community-Based Grants for the Prevention of Child Abuse

     SEC. 121. PURPOSE AND AUTHORITY.

       (a) Purpose.--Section 201(a)(1) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is 
     amended to read as follows:
       ``(1) to support community-based efforts to develop, 
     operate, expand, enhance, and, where appropriate to network, 
     initiatives aimed at the prevention of child abuse and 
     neglect, and to support networks of coordinated resources and 
     activities to better strengthen and support families to 
     reduce the likelihood of child abuse and neglect; and''.
       (b) Authority.--Section 201(b) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5116(b)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A) by striking 
     ``Statewide'' and all that follows through the dash, and 
     inserting ``community-based and prevention-focused programs 
     and activities designed to prevent child abuse and neglect 
     (through networks where appropriate) that are accessible, 
     effective, culturally appropriate, and build upon existing 
     strengths that--'';
       (B) in subparagraph (F), by striking ``and'' at the end; 
     and
       (C) by striking subparagraph (G) and inserting the 
     following:
       ``(G) demonstrate a commitment to meaningful parent 
     leadership, including among parents of children with 
     disabilities, parents with disabilities, racial and ethnic 
     minorities, and members of other underrepresented or 
     underserved groups; and
       ``(H) provide referrals to early health and developmental 
     services;''; and
       (2) in paragraph (4)--
       (A) by inserting ``through leveraging of funds'' after 
     ``maximizing funding'';
       (B) by striking ``a Statewide network of community-based, 
     prevention-focused'' and inserting ``community-based and 
     prevention-focused''; and
       (C) by striking ``family resource and support program'' and 
     inserting ``programs and activities designed to prevent child 
     abuse and neglect (through networks where appropriate)''.
       (c) Technical Amendment to Title Heading.--Title II of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is 
     amended by striking the heading for such title and inserting 
     the following:

 ``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE 
                             AND NEGLECT''.

     SEC. 122. ELIGIBILITY.

       Section 202 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116a) is amended--
       (1) in paragraph (1)--

[[Page H7880]]

       (A) in subparagraph (A)--
       (i) by striking ``a Statewide network of community-based, 
     prevention-focused'' and inserting ``community-based and 
     prevention-focused''; and
       (ii) by striking ``family resource and support programs'' 
     and all that follows through the semicolon and inserting 
     ``programs and activities designed to prevent child abuse and 
     neglect (through networks where appropriate);''
       (B) in subparagraph (B), by inserting ``that exists to 
     strengthen and support families to prevent child abuse and 
     neglect'' after ``written authority of the State)'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``a network of 
     community-based family resource and support programs'' and 
     inserting ``community-based and prevention-focused programs 
     and activities designed to prevent child abuse and neglect 
     (through networks where appropriate)'';
       (B) in subparagraph (B)--
       (i) by striking ``to the network''; and
       (ii) by inserting ``, and parents with disabilities'' 
     before the semicolon;
       (C) in subparagraph (C), by striking ``to the network''; 
     and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``community-based and 
     prevention-focused programs and activities to prevent child 
     abuse and neglect (through networks where appropriate)'';
       (B) in subparagraph (B), by striking ``Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``community-based and 
     prevention-focused programs and activities to prevent child 
     abuse and neglect (through networks where appropriate)'';
       (C) in subparagraph (C), by striking ``and training and 
     technical assistance, to the Statewide network of community-
     based, prevention-focused, family resource and support 
     programs'' and inserting ``training, technical assistance, 
     and evaluation assistance, to community-based and prevention-
     focused programs and activities to prevent child abuse and 
     neglect (through networks where appropriate)''; and
       (D) in subparagraph (D), by inserting ``, parents with 
     disabilities,'' after ``children with disabilities''.

     SEC. 123. AMOUNT OF GRANT.

       Section 203(b)(1)(B) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5116b(b)(1)(B)) is amended--
       (1) by striking ``as the amount leveraged by the State from 
     private, State, or other non-Federal sources and directed 
     through the'' and inserting ``as the amount of private, State 
     or other non-Federal funds leveraged and directed through the 
     currently designated''; and
       (2) by striking ``the lead agency'' and inserting ``the 
     current lead agency''.

     SEC. 124. EXISTING GRANTS.

       Section 204 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5115c) is repealed.

     SEC. 125. APPLICATION.

       Section 205 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116d) is amended--
       (1) in paragraph (1), by striking ``Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``community-based and 
     prevention-focused programs and activities to prevent child 
     abuse and neglect (through networks where appropriate)'';
       (2) in paragraph (2)--
       (A) by striking ``network of community-based, prevention-
     focused, family resource and support programs'' and inserting 
     ``community-based and prevention-focused programs and 
     activities to prevent child abuse and neglect (through 
     networks where appropriate)''; and
       (B) by striking ``, including those funded by programs 
     consolidated under this Act,'';
       (3) by striking paragraph (3), and inserting the following:
       ``(3) a description of the inventory of current unmet needs 
     and current community-based and prevention-focused programs 
     and activities to prevent child abuse and neglect, and other 
     family resource services operating in the State;'';
       (4) in paragraph (4), by striking ``State's network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``community-based and 
     prevention-focused programs and activities designed to 
     prevent child abuse and neglect'';
       (5) in paragraph (5), by striking ``Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``start up, maintenance, 
     expansion, and redesign of community-based and prevention-
     focused programs and activities designed to prevent child 
     abuse and neglect'';
       (6) in paragraph (7), by striking ``individual community-
     based, prevention-focused, family resource and support 
     programs'' and inserting ``community-based and prevention-
     focused programs and activities designed to prevent child 
     abuse and neglect'';
       (7) in paragraph (8), by striking ``community-based, 
     prevention-focused, family resource and support programs'' 
     and inserting ``community-based and prevention-focused 
     programs and activities designed to prevent child abuse and 
     neglect'';
       (8) in paragraph (9), by striking ``community-based, 
     prevention-focused, family resource and support programs'' 
     and inserting ``community-based and prevention-focused 
     programs and activities designed to prevent child abuse and 
     neglect'';
       (9) in paragraph (10), by inserting ``(where appropriate)'' 
     after ``members'';
       (10) in paragraph (11), by striking ``prevention-focused, 
     family resource and support program'' and inserting 
     ``community-based and prevention-focused programs and 
     activities designed to prevent child abuse and neglect''; and
       (11) by redesignating paragraph (13) as paragraph (12).

     SEC. 126. LOCAL PROGRAM REQUIREMENTS.

       Section 206(a) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5116e(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``prevention-focused, family resource and support programs'' 
     and inserting ``and prevention-focused programs and 
     activities designed to prevent child abuse and neglect'';
       (2) in paragraph (3)(B), by inserting ``voluntary home 
     visiting and'' after ``including''; and
       (3) by striking paragraph (6) and inserting the following:
       ``(6) participate with other community-based and 
     prevention-focused programs and activities to prevent child 
     abuse and neglect in the development, operation and expansion 
     of networks where appropriate.''.

     SEC. 127. PERFORMANCE MEASURES.

       Section 207 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116f) is amended--
       (1) in paragraph (1), by striking ``a Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``community-based and 
     prevention-focused programs and activities to prevent child 
     abuse and neglect'';
       (2) by striking paragraph (3), and inserting the following:
       ``(3) shall demonstrate that they will have addressed unmet 
     needs identified by the inventory and description of current 
     services required under section 205(3);'';
       (3) in paragraph (4),
       (A) by inserting ``and parents with disabilities,'' after 
     ``children with disabilities,'';
       (B) by striking ``evaluation of'' the first place it 
     appears and all that follows through ``under this title'' and 
     inserting ``evaluation of community-based and prevention-
     focused programs and activities to prevent child abuse and 
     neglect, and in the design, operation and evaluation of the 
     networks of such community-based and prevention-focused 
     programs'';
       (4) in paragraph (5), by striking ``, prevention-focused, 
     family resource and support programs'' and inserting ``and 
     prevention-focused programs and activities designed to 
     prevent child abuse and neglect'';
       (5) in paragraph (6), by striking ``Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs'' and inserting ``community-based and 
     prevention-focused programs and activities designed to 
     prevent child abuse and neglect''; and
       (6) in paragraph (8), by striking ``community based, 
     prevention-focused, family resource and support programs'' 
     and inserting ``community-based and prevention-focused 
     programs and activities designed to prevent child abuse and 
     neglect''.

     SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY 
                   RESOURCE PROGRAMS.

       Section 208(3) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5116g(3)) is amended by striking ``Statewide 
     networks of community-based, prevention-focused, family 
     resource and support programs'' and inserting ``community-
     based and prevention-focused programs and activities designed 
     to prevent child abuse and neglect''.

     SEC. 129. DEFINITIONS.

       (a) Children With Disabilities.--Section 209(1) of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1)) 
     is amended by striking ``given such term in section 
     602(a)(2)'' and inserting ``given the term `child with a 
     disability' in section 602(3) or `infant or toddler with a 
     disability' in section 632(5)''.
       (b) Community-Based and Prevention-Focused Programs and 
     Activities to Prevent Child Abuse and Neglect.--Section 209 
     of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5116h) is amended by striking paragraphs (3) and (4) and 
     inserting the following:
       ``(3) Community-based and prevention-focused programs and 
     activities to prevent child abuse and neglect.--The term 
     `community-based and prevention-focused programs and 
     activities to prevent child abuse and neglect' includes 
     organizations such as family resource programs, family 
     support programs, voluntary home visiting programs, respite 
     care programs, parenting education, mutual support programs, 
     and other community programs that provide activities that are 
     designed to prevent or respond to child abuse and neglect.''.

     SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

       Section 210 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116i) is amended to read as follows:

     ``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $80,000,000 for fiscal year 2003 and such sums as may 
     be necessary for each of the fiscal years 2004 through 
     2007.''.

[[Page H7881]]

                    TITLE II--ADOPTION OPPORTUNITIES

     SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

       Section 201 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
       (1) in subsection (a)--
       (A) by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) the number of children in substitute care has 
     increased by nearly 24 percent since 1994, as our Nation's 
     foster care population included more than 565,000 as of 
     September of 2001;
       ``(2) children entering foster care have complex problems 
     that require intensive services, with many such children 
     having special needs because they are born to mothers who did 
     not receive prenatal care, are born with life threatening 
     conditions or disabilities, are born addicted to alcohol or 
     other drugs, or have been exposed to infection with the 
     etiologic agent for the human immunodeficiency virus;
       ``(3) each year, thousands of children are in need of 
     placement in permanent, adoptive homes;'';
       (B) by striking paragraph (6);
       (C) by striking paragraph (7)(A) and inserting the 
     following:
       ``(7)(A) currently, there are 131,000 children waiting for 
     adoption;''; and
       (D) by redesignating paragraphs (5), (7), (8), (9), and 
     (10) as paragraphs (4), (5), (6), (7), and (8) respectively; 
     and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     including geographic barriers,'' after ``barriers''; and
       (B) in paragraph (2), by striking ``a national'' and 
     inserting ``an Internet-based national''.

     SEC. 202. INFORMATION AND SERVICES.

       Section 203 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 203. INFORMATION AND SERVICES.'';

       (2) by striking ``Sec. 203. (a) The Secretary'' and 
     inserting the following:
       ``(a) In General.--The Secretary'';
       (3) in subsection (b)--
       (A) by inserting ``Required Activities.--'' after ``(b)'';
       (B) in paragraph (1), by striking ``nonprofit'' each place 
     that such appears;
       (C) in paragraph (2), by striking ``nonprofit'';
       (D) in paragraph (3), by striking ``nonprofit'';
       (E) in paragraph (4), by striking ``nonprofit'';
       (F) in paragraph (6), by striking ``study the nature, 
     scope, and effects of'' and insert ``support'';
       (G) in paragraph (7), by striking ``nonprofit'';
       (H) in paragraph (9)--
       (i) by striking ``nonprofit''; and
       (ii) by striking ``and'' at the end;
       (I) in paragraph (10)--
       (i) by striking ``nonprofit''; each place that such 
     appears; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (J) by adding at the end the following:
       ``(11) provide (directly or by grant to or contract with 
     States, local government entities, or public or private 
     licensed child welfare or adoption agencies) for the 
     implementation of programs that are intended to increase the 
     number of older children (who are in foster care and with the 
     goal of adoption) placed in adoptive families, with a special 
     emphasis on child-specific recruitment strategies, 
     including--
       ``(A) outreach, public education, or media campaigns to 
     inform the public of the needs and numbers of older youth 
     available for adoption;
       ``(B) training of personnel in the special needs of older 
     youth and the successful strategies of child-focused, child-
     specific recruitment efforts; and
       ``(C) recruitment of prospective families for such 
     children.'';
       (4) in subsection (c)--
       (A) by striking ``(c)(1) The Secretary'' and inserting the 
     following:
       ``(c) Services for Families Adopting Special Needs 
     Children.--
       ``(1) In general.--The Secretary'';
       (B) by striking ``(2) Services'' and inserting the 
     following:
       ``(2) Services.--Services''; and
       (C) in paragraph (2)--
       (i) by realigning the margins of subparagraphs (A) through 
     (G) accordingly;
       (ii) in subparagraph (F), by striking ``and'' at the end;
       (iii) in subparagraph (G), by striking the period and 
     inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(H) day treatment; and
       ``(I) respite care.''; and
       (D) by striking ``nonprofit''; each place that such 
     appears;
       (5) in subsection (d)--
       (A) by striking ``(d)(1) The Secretary'' and inserting the 
     following:
       ``(d) Improving Placement Rate of Children in Foster 
     Care.--
       ``(1) In general.--The Secretary'';
       (B) by striking ``(2)(A) Each State'' and inserting the 
     following:
       ``(2) Applications; technical and other assistance.--
       ``(A) Applications.--Each State'';
       (C) by striking ``(B) The Secretary'' and inserting the 
     following:
       ``(B) Technical and other assistance.--The Secretary'';
       (D) in paragraph (2)(B)--
       (i) by realigning the margins of clauses (i) and (ii) 
     accordingly; and
       (ii) by striking ``nonprofit'';
       (E) by striking ``(3)(A) Payments'' and inserting the 
     following:
       ``(3) Payments.--
       ``(A) In general.--Payments''; and
       (F) by striking ``(B) Any payment'' and inserting the 
     following:
       ``(B) Reversion of unused funds.--Any payment''; and
       (6) by adding at the end the following:
       ``(e) Elimination of Barriers to Adoptions Across 
     Jurisdictional Boundaries.--
       ``(1) In general.--The Secretary shall award grants to, or 
     enter into contracts with, States, local government entities, 
     public or private child welfare or adoption agencies, 
     adoption exchanges, or adoption family groups to carry out 
     initiatives to improve efforts to eliminate barriers to 
     placing children for adoption across jurisdictional 
     boundaries.
       ``(2) Services to supplement not supplant.--Services 
     provided under grants made under this subsection shall 
     supplement, not supplant, services provided using any other 
     funds made available for the same general purposes 
     including--
       ``(A) developing a uniform homestudy standard and protocol 
     for acceptance of homestudies between States and 
     jurisdictions;
       ``(B) developing models of financing cross-jurisdictional 
     placements;
       ``(C) expanding the capacity of all adoption exchanges to 
     serve increasing numbers of children;
       ``(D) developing training materials and training social 
     workers on preparing and moving children across State lines; 
     and
       ``(E) developing and supporting initiative models for 
     networking among agencies, adoption exchanges, and parent 
     support groups across jurisdictional boundaries.''.

     SEC. 203. STUDY OF ADOPTION PLACEMENTS.

       Section 204 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--
       (1) by striking ``The'' and inserting ``(a) In General.--
     The'';
       (2) by striking ``of this Act'' and inserting ``of the 
     Keeping Children and Families Safe Act of 2002'';
       (3) by striking ``to determine the nature'' and inserting 
     ``to determine--
       ``(1) the nature'';
       (4) by striking ``which are not licensed'' and all that 
     follows through ``entity'';''; and
       (5) by adding at the end the following:
       ``(2) how interstate placements are being financed across 
     State lines;
       ``(3) recommendations on best practice models for both 
     interstate and intrastate adoptions; and
       ``(4) how State policies in defining special needs children 
     differentiate or group similar categories of children.''.

     SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.

       Section 204 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by 
     adding at the end the following:
       ``(b) Dynamics of Successful Adoption.--The Secretary shall 
     conduct research (directly or by grant to, or contract with, 
     public or private nonprofit research agencies or 
     organizations) about adoption outcomes and the factors 
     affecting those outcomes. The Secretary shall submit a report 
     containing the results of such research to the appropriate 
     committees of the Congress not later than the date that is 36 
     months after the date of the enactment of the Keeping 
     Children and Families Safe Act of 2002.
       ``(c) Interjurisdictional Adoption.--Not later than 1 year 
     after the date of the enactment of the Keeping Children and 
     Families Safe Act of 2002, the Secretary, in consultation 
     with the Comptroller General, shall submit to the appropriate 
     committees of the Congress a report that contains 
     recommendations for an action plan to facilitate the 
     interjurisdictional adoption of foster children.''.

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

       Section 205(a) of the Child Abuse Prevention and Treatment 
     and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is 
     amended to read as follows:
       ``There are authorized to be appropriated $40,000,000 for 
     fiscal year 2003 and such sums as may be necessary for fiscal 
     years 2004 through 2007 to carry out programs and activities 
     authorized under this subtitle.''.

                TITLE III--ABANDONED INFANTS ASSISTANCE

     SEC. 301. FINDINGS.

       Section 2 of the Abandoned Infants Assistance Act of 1988 
     (42 U.S.C. 670 note) is amended--
       (1) by striking paragraph (1);
       (2) in paragraph (2)--
       (A) by inserting ``studies indicate that a number of 
     factors contribute to'' before ``the inability of'';
       (B) by inserting ``some'' after ``inability of'';
       (C) by striking ``who abuse drugs''; and
       (D) by striking ``care for such infants'' and inserting 
     ``care for their infants'';
       (3) by amending paragraph (5) to read as follows:
       ``(5) appropriate training is needed for personnel working 
     with infants and young children with life-threatening 
     conditions and other special needs, including those who are

[[Page H7882]]

     infected with the human immunodeficiency virus (commonly 
     known as `HIV'), those who have acquired immune deficiency 
     syndrome (commonly know as `AIDS'), and those who have been 
     exposed to dangerous drugs;'';
       (4) by striking paragraphs (6) and (7);
       (5) in paragraph (8), by inserting ``by parents abusing 
     drugs,'' after ``deficiency syndrome,'';
       (6) in paragraph (9), by striking ``comprehensive 
     services'' and all that follows through the semicolon at the 
     end and inserting ``comprehensive support services for such 
     infants and young children and their families and services to 
     prevent the abandonment of such infants and young children, 
     including foster care services, case management services, 
     family support services, respite and crisis intervention 
     services, counseling services, and group residential home 
     services; and'';
       (7) by striking paragraph (11);
       (8) by redesignating paragraphs (2), (3), (4), (5), (8), 
     (9), and (10) as paragraphs (1) through (7), respectively.
       (9) by adding at the end the following:
       ``(8) Private, Federal, State, and local resources should 
     be coordinated to establish and maintain such services and to 
     ensure the optimal use of all such resources.''.

     SEC. 302. ESTABLISHMENT OF LOCAL PROGRAMS.

       Section 101 of the Abandoned Infants Assistance Act of 1988 
     (42 U.S.C. 670 note) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.''; AND

       (2) by striking subsection (b) and inserting the following:
       ``(b) Priority in Provision of Services.--The Secretary may 
     not make a grant under subsection (a) unless the applicant 
     for the grant agrees to give priority to abandoned infants 
     and young children who--
       ``(1) are infected with, or have been perinatally exposed 
     to, the human immunodeficiency virus, or have a life-
     threatening illness or other special medical need; or
       ``(2) have been perinatally exposed to a dangerous drug.''.

     SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

       Section 102 of the Abandoned Infants Assistance Act of 1988 
     (42 U.S.C. 670 note) is amended to read as follows:

     ``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

       ``(a) Evaluations of Local Programs.--The Secretary shall, 
     directly or through contracts with public and nonprofit 
     private entities, provide for evaluations of projects carried 
     out under section 101 and for the dissemination of 
     information developed as a result of such projects.
       ``(b) Study and Report on Number of Abandoned Infants and 
     Young Children.--
       ``(1) In general.--The Secretary shall conduct a study for 
     the purpose of determining--
       ``(A) an estimate of the annual number of infants and young 
     children relinquished, abandoned, or found deceased in the 
     United States and the number of such infants and young 
     children who are infants and young children described in 
     section 223(b);
       ``(B) an estimate of the annual number of infants and young 
     children who are victims of homicide;
       ``(C) characteristics and demographics of parents who have 
     abandoned an infant within 1 year of the infant's birth; and
       ``(D) an estimate of the annual costs incurred by the 
     Federal Government and by State and local governments in 
     providing housing and care for abandoned infants and young 
     children.
       ``(2) Deadline.--Not later than 36 months after the date of 
     the enactment of the Keeping Children and Families Safe Act 
     of 2002, the Secretary shall complete the study required 
     under paragraph (1) and submit to the Congress a report 
     describing the findings made as a result of the study.
       ``(c) Evaluation.--The Secretary shall evaluate and report 
     on effective methods of intervening before the abandonment of 
     an infant or young child so as to prevent such abandonments, 
     and effective methods for responding to the needs of 
     abandoned infants and young children.''.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

       Section 104 of the Abandoned Infants Assistance Act of 1988 
     (42 U.S.C. 670 note) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Authorization.--For the purpose of carrying out this 
     Act, there are authorized to be appropriated $45,000,000 for 
     fiscal year 2003 and such sums as may be necessary for fiscal 
     years 2004 through 2007.
       ``(2) Limitation.--Not more than 5 percent of the amounts 
     appropriated under paragraph (1) for any fiscal year may be 
     obligated for carrying out section 224(a).'';
       (2) by striking subsection (b);
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``Authorization.--'' 
     after ``(1)''; and
       (B) in paragraph (2)--
       (i) by inserting ``Limitation.--'' after ``(2)''; and
       (ii) by striking ``fiscal year 1991.'' and inserting 
     ``fiscal year 2002.''; and
       (4) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.

     SEC. 305. DEFINITIONS

       Section 103 of the Abandoned Infants Assistance Act of 1988 
     (42 U.S.C. 670 note) is amended to read as follows:

     ``SEC. 103. DEFINITIONS.

       ``For purposes of this Act:
       ``(1) The terms `abandoned' and `abandonment', with respect 
     to infants and young children, mean that the infants and 
     young children are medically cleared for discharge from 
     acute-care hospital settings, but remain hospitalized because 
     of a lack of appropriate out-of-hospital placement 
     alternatives.
       ``(2) The term `acquired immune deficiency syndrome' 
     includes infection with the etiologic agent for such 
     syndrome, any condition indicating that an individual is 
     infected with such etiologic agent, and any condition arising 
     from such etiologic agent.
       ``(3) The term `dangerous drug' means a controlled 
     substance, as defined in section 102 of the Controlled 
     Substances Act.
       ``(4) The term `natural family' shall be broadly 
     interpreted to include natural parents, grandparents, family 
     members, guardians, children residing in the household, and 
     individuals residing in the household on a continuing basis 
     who are in a care-giving situation with respect to infants 
     and young children covered under this subtitle.
       ``(5) The term `Secretary' means the Secretary of Health 
     and Human Services.''.

  Mr. BOEHNER. Mr. Speaker, I support H.R. 5601, the ``Keeping Children 
and Families Safe Act of 2002,'' to reauthorize the Child Abuse 
Prevention and Treatment Act, and its' related programs and acts. This 
bill is an alternative to the original bill, H.R. 3839, on which we 
were unable to reach agreement, and puts forth our efforts and 
commitment to ensure that programs aimed at the prevention of child 
abuse and neglect continue.
  This bill improves program implementation and makes improvements to 
current law to ensure that states have the necessary resources and 
flexibility to properly address the prevention of child abuse and 
neglect.
  Specifically, the bill:
  Maintains important federal resources for identifying and addressing 
issues of child abuse and neglect.
  Promotes the prevention of child abuse and neglect before it occurs.
  Supports efforts to ensure that the current programs are operating 
effectively.
  Promotes partnerships between child protective services and private 
and community-based organizations to improve child abuse and neglect 
prevention and treatment services.
  Ensures that individuals are informed of abuse or neglect allegations 
against them, while ensuring the integrity of the confidential 
informant system.
  Improves public education on the role of the child protective 
services system and appropriate reporting of suspected incidents of 
child abuse and neglect.
  Improves the training, recruitment and retention of individuals 
providing services to children and families.
  Continues local projects with demonstrated value in eliminating 
barriers to permanent adoption.
  Supports programs that are intended to increase the number of older 
children placed in adoptive families.
  Protects infants born and identified as being affected by illegal 
substance abuse or withdrawal symptoms resulting from prenatal drug 
exposure.
  Provides for the development of a plan of safe care for such infants.
  Addresses the circumstances that often lead to child abandonment and 
provides support to prevent abandonment.
  I want to thank my colleagues--Select Education Subcommittee Chairman 
Hoekstra, Mr. Greenwood, Mr. Roemer, the ranking member of the 
Subcommittee on Select Education and Mr. Miller, the ranking member of 
the full committee--for their efforts in bringing forward this 
alternative.
  I urge my colleagues to join me in support of H.R. 5601, the Keeping 
Children and Families Safe Act of 2002.


     Discharged from the Committee on Government Reform and Passed

  H.R. 670, to designate the facility of the United States Postal 
Service located at 7 Commercial Street in Newport, Rhode Island, as the 
``Bruce F. Cotta Post Office Building''.

                                H.R. 670

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

     SECTION 1. BRUCE F. COTTA POST OFFICE BUILDING.

         (a) Designation.--The facility of the United States 
     Postal Service located at 7 Commercial Street in Newport, 
     Rhode Island, shall be known and designated as the ``Bruce F. 
     Cotta Post Office Building''.
         (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the Bruce F. Cotta Post Office Building.

     Discharged from the Committee on Government Reform and Passed

  H.R. 669, to designate the facility of the United States Postal 
Service located at 127 Social Street in

[[Page H7883]]

Woonsocket, Rhode Island, as the ``Alphonse F. Auclair Post Office 
Building''.

                                H.R. 669

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

     SECTION 1. ALPHONSE F. AUCLAIR POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 127 Social Street in Woonsocket, Rhode 
     Island, shall be known and designated as the ``Alphonse F. 
     Auclair Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the Alphonse F. Auclair Post Office Building.

     Discharged from the Committee on Government Reform and Passed

  H.R. 5205, to amend the District of Columbia Retirement Protection 
Act of 1997 to permit the Secretary of the Treasury to use estimated 
amounts in determining the service longevity component of the Federal 
benefit payment required to be paid under such Act to certain retirees 
of the Metropolitan Police Department of the District of Columbia.

                               H.R. 5205

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

     SECTION 1. PERMITTING USE OF ESTIMATED AMOUNTS IN DETERMINING 
                   SERVICE LONGEVITY COMPONENT OF FEDERAL BENEFIT 
                   PAYMENTS TO METROPOLITAN POLICE DEPARTMENT 
                   RETIREES.

         (a) In General.--Section 11012(e) of the District of 
     Columbia Retirement Protection Act of 1997 (Public Law 105-
     33; sec. 1-803.02(e), D.C. Official Code) is amended by 
     adding at the end the following: ``The Secretary of the 
     Treasury is authorized to estimate the additional 
     compensation for service longevity for purposes of 
     determining the amount of a Federal benefit payment for 
     annuitants who retire on or after August 29, 1972, and on or 
     before December 31, 2001, and to make Federal benefit 
     payments based upon such estimates.''.
         (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of title IX 
     of division A of the Miscellaneous Appropriations Act, 2001 
     (as enacted by reference in section 1(a)(4) of the 
     Consolidated Appropriations Act, 2001).

 Discharged from the Committee on International Relations and Agreed to

  House Concurrent Resolution 406, honoring and commending the Lao 
Veterans of America, Laotian and Hmong veterans of the Vietnam War, and 
their families, for their historic contributions to the United States.

                            H. Con. Res. 406

       Whereas one of the largest clandestine operations in United 
     States military history was conducted in Laos during the 
     Vietnam War;
       Whereas the Central Intelligence Agency and the United 
     States Armed Forces recruited, organized, trained, and 
     assisted Laotian and Hmong guerrilla units and conventional 
     forces, including ethnic lowland Lao and highland Laotians 
     composed of Hmong, Khmu, Mien, Yao, Lahu, and other diverse 
     tribal and nontribal ethnic groups, from 1960 through 1975 to 
     combat the North Vietnamese Army and Communist Pathet Lao 
     forces;
       Whereas Laotian and Hmong special forces who served in the 
     United States sponsored ``Secret Army'' courageously saved 
     numerous American pilots and aircrews who were shot down over 
     Laos or North Vietnam and interdicted and helped to destroy 
     many enemy units and convoys intended to engage United States 
     military forces in combat;
       Whereas Laotian and Hmong special forces served in key 
     roles with air force elements of the United States Air Force, 
     United States Navy carrier-based air units, United States 
     Army heliborne units, and the Central Intelligence Agency's 
     ``Air America'' in distinguished roles such as T-28 fighter 
     pilots, ``Raven'' spotter co-pilots, Forward Air Guides, and 
     mobile group rescue and combat reconnaissance units;
       Whereas Laotian and Hmong special forces, including highly 
     decorated group mobile units, served in daring and courageous 
     heliborne and airborne combat operations in support of joint 
     United States and Royal Lao Army military operations in Laos 
     and Vietnam, including interdiction of enemy troop movements 
     and supply convoys using the Ho Chi Minh Trail;
       Whereas Laotian and Hmong special forces guarded one of the 
     most highly sensitive United States intelligence and 
     electronic targeting sites in all of Southeast Asia during 
     the Vietnam War, LIMA Site 85, which permitted the United 
     States Air Force and Navy to conduct the all-weather and 
     night bombing of enemy targets in North Vietnam;
       Whereas tens of thousands of members of the Laotian and 
     Hmong special forces and their families were trapped in Laos 
     when the Communists took over, and many of these persons were 
     brutally persecuted, imprisoned, or killed because of their 
     role in defending Laos and assisting the United States as 
     allies;
       Whereas many of those members of the Laotian and Hmong 
     special forces and their families who avoided capture 
     suffered for years in horrific conditions as political 
     refugees in refugee camps in neighboring Thailand;
       Whereas the United States is now the home to significant 
     communities of the Laotian and Hmong veterans and their 
     families after providing them with political asylum, refugee 
     status, and citizenship because of their unique contribution 
     to United States national security interests during the 
     Vietnam War;
       Whereas the Lao Veterans of America was founded as a 
     nonprofit veterans organization in 1990 to honor and assist 
     Laotian and Hmong veterans who served with or assisted the 
     United States Armed Forces during the Vietnam War;
       Whereas the Lao Veterans of America has established 
     chapters throughout the United States that have sought to 
     serve their communities and educate the public about the 
     historic contribution of the Lao and Hmong veterans during 
     the Vietnam War;
       Whereas the Lao Veterans of America spearheaded and led 
     national efforts in the Congress to seek to provide 
     citizenship to elderly Laotian and Hmong veterans, as well as 
     their spouses or widows;
       Whereas in 1995, a historic Lao Veterans of America 
     ceremony was held at the airbase and headquarters of the 
     144th Fighter Wing of the Air National Guard in Fresno, 
     California, along with a memorial service and overflights of 
     T-28 fighter aircraft to honor the Laotian and Hmong 
     veterans, their American advisers, and the Lao Veterans of 
     America and other veterans organizations;
       Whereas in 1997, long overdue national recognition and 
     honor was finally bestowed upon the Lao Veterans of America 
     and thousands of Laotian and Hmong veterans and their 
     American advisers at the Vietnam Veterans Memorial in the 
     District of Columbia and at Arlington National Cemetery in 
     Arlington, Virginia, by Members of the Congress and 
     representatives of the United States intelligence, military, 
     and diplomatic communities;
       Whereas in 1997, a monument was dedicated at Arlington 
     National Cemetery by the Lao Veterans of America to honor the 
     Laotian and Hmong veterans and their American advisers who 
     served during the Vietnam War; and
       Whereas in 2000, thousands of additional Lao and Hmong 
     veterans were again honored, after a veterans memorial 
     service and parade lead by the Lao Veterans of America that 
     progressed from the Vietnam Veterans Memorial, past the White 
     House, and down Pennsylvania Avenue to the United States 
     Capitol, where a national commemorative service was held: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress honors and commends the Lao 
     Veterans of America, Laotian and Hmong veterans of the 
     Vietnam War who served with or assisted the United States 
     Armed Forces, and the families of these Laotian and Hmong 
     veterans, for their historic contributions to the United 
     States.

    Discharged from the Committee on Government Reform and Agreed to

  House Resolution 542, congratulating the Bryan Packers American 
Legion baseball team from West Point, Mississippi, for their 
outstanding performance in winning the 2002 American Legion World 
Series.

                              H. Res. 542

       Whereas the Bryan Packers baseball team from West Point, 
     Mississippi, is the 2002 champion of the American Legion 
     World Series;
       Whereas the American Legion baseball program began in 1926 
     and is the oldest amateur baseball program in the United 
     States and includes 5,300 registered baseball teams;
       Whereas 55 percent of professional baseball players and 70 
     percent of college baseball players played American Legion 
     baseball as teenagers;
       Whereas the West Point team is the first team from 
     Mississippi ever to win the American Legion World Series;
       Whereas a team from Region 4, which includes Mississippi, 
     has won the American Legion Championship only twice before, 
     most recently in 1968;
       Whereas the Packers have won 4 State titles in the past 6 
     years;
       Whereas this North Mississippi team finished the 3 month 
     season with a record of 47-13, and went 12-2 in post-season 
     play;
       Whereas 4 members of the All-Tournament team, Corey Carter, 
     Dusty Snider, Josh Johnson, and Jeff Shafer, were Bryan 
     Packers;
       Whereas the Tournament Most Valuable Player was Packers 
     pitcher, Josh Johnson;
       Whereas Josh Johnson also won the tournament's Bob Feller 
     Pitching Award with 34 strikeouts;
       Whereas Corey Carter won the tournament's Rawlings Big 
     Stick Award with 31 bases; and
       Whereas Packers Coach Frank Portera, who started the West 
     Point team 9 years ago, won the tournament's Jack Williams 
     Memorial Leadership award: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) congratulates the Bryan Packers American Legion 
     baseball team from West Point,

[[Page H7884]]

     Mississippi, for their outstanding performance in winning the 
     2002 American Legion World Series;
       (2) recognizes Frank Portera, the Packers' coach, and 
     players Justin Best, Russell Bourland, Corey Carter, Joby 
     Garner, Tyler Hunter, Scottie Jacobs, Drew Jaudon, Josh 
     Johnson, Lance Martin, Brandon McGarity, Dave Nanney, Brent 
     Patton, John Raymond Pitre, Taylor Robertson, Jeff Schafer, 
     Dusty Snider, Chris Stamps, and Rod Williams for 
     demonstrating excellence and character throughout the 
     baseball season; and
       (3) commends American Legion Baseball for its 76-year 
     tradition of encouraging the development of sportsmanship and 
     confidence in youth through its sponsorship of world-class 
     baseball.

    Discharged from the Committee on Government Reform and Agreed to

  House Resolution 572, honoring the 225th anniversary of the signing 
of the Articles of Confederation.

                              H. Res. 572

       Whereas the Continental Congress met in York, Pennsylvania, 
     from September 30, 1777, to June 27, 1778, to debate the very 
     same issues that face Congress today, such as individual 
     freedoms, taxes, and State versus Federal rights;
       Whereas on November 15, 1777, the Continental Congress 
     adopted the Articles of Confederation in the York County 
     Courthouse, thereby establishing the first document that 
     united the 13 original colonies as the United States of 
     America;
       Whereas the Articles of Confederation established the first 
     legal system until the adoption of the Constitution;
       Whereas the Continental Congress, in York, Pennsylvania, 
     proclaimed the first Thanksgiving Day as a National Day of 
     Thanksgiving and Praise on December 18, 1777;
       Whereas the Continental Congress ratified the French Treaty 
     of Amity and Commerce and the Treaty of Alliance at the York 
     County Courthouse, York, Pennsylvania, on May 4, 1778;
       Whereas the Continental Congress adjourned from the York 
     County Courthouse on June 27, 1778, after receiving a letter 
     from General Washington stating that the British army had 
     vacated Philadelphia, Pennsylvania, and the Continental 
     Congress departed York, Pennsylvania, to return to 
     Independence Hall in Philadelphia, Pennsylvania; and
       Whereas November 15, 2002, is the 225th anniversary of the 
     signing of the Articles of Confederation in York, 
     Pennsylvania: Now, therefore, be it
       Resolved, That the House of Representatives, on the 
     occasion of the 225th anniversary of the signing of the 
     Articles of Confederation in York, Pennsylvania, 
     congratulates the City and County of York and its residents 
     for their important contributions to the birth of our Nation, 
     the United States of America.

    Discharged from the Committee on Government Reform and Agreed to

  House Concurrent Resolution 504, congratulating the PONY League 
baseball team of Norwalk, California, for winning the 2002 PONY League 
World Championship.

                            H. Con. Res. 504

       Whereas the Protecting Our Nation's Youth (PONY) 
     Organization sponsors various baseball and softball leagues 
     for young people throughout the world, including the PONY 
     League for 13- and 14-year-olds;
       Whereas the PONY League baseball team of Norwalk, 
     California, won the 2002 PONY League World Championship held 
     in Washington, Pennsylvania, on August 24, 2002;
       Whereas, in order to win the World Championship Title, the 
     Norwalk team defeated the PONY League baseball team of 
     Washington, Pennsylvania, by a score of 11 to 7, the PONY 
     League baseball team of Hagerstown, Maryland, by a score of 
     11 to 0, the PONY League baseball team of Port Neches, Texas, 
     by a score of 11 to 4, and, finally, the PONY League baseball 
     team of Levittown, Puerto Rico, by a score of 10 to 0;
       Whereas the Norwalk team is the third team from California 
     during the last 6 years to win the PONY League World 
     Championship;
       Whereas the Norwalk team's success would not have been 
     possible without the support of the players' parents; 
     volunteer manager, Ruben Velazquez; and volunteer coaches, 
     George Sanchez and Tony Riveras;
       Whereas each of the athletes on the Norwalk team--Art 
     Gonzalez, Jimmy Buentello, Frankie Lucero, Johnny Perez, 
     Gabriel Schwulst, Danny Dutch, Miguel Flores, Jesus Cabral, 
     Tony Zarco, Jamil Acosta, Eddie Murray, George Sanchez, 
     Richard Melendrez, Anthony Topete, and Victor Sanchez--
     devoted a great deal of time and effort to the practices that 
     led to the World Championship victory; and
       Whereas the PONY League provides young people throughout 
     the world an opportunity to enjoy the competitive sport of 
     baseball, build character, and learn important skills such as 
     teamwork: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) congratulates the PONY League baseball team of Norwalk, 
     California, for winning the 2002 PONY League World 
     Championship;
       (2) recognizes the parents of the team's players and the 
     team's volunteer manager and coaches for providing the 
     support which made the team's victory possible; and
       (3) recognizes the Protecting Our Nation's Youth (PONY) 
     Organization for providing safe recreational opportunities 
     for young people and an opportunity for young athletes to 
     become positive role models for other youth.

    Discharged from the Committee on Government Reform and Agreed to

  House Resolution 532, commending the Los Angeles Sparks basketball 
team for winning the 2002 Women's National Basketball Association 
championship.

                              H. Res. 532

       Whereas in 2002, the Los Angeles Sparks basketball team won 
     its second consecutive championship title, becoming only the 
     2nd team in the Women's National Basketball Association 
     (WNBA) to win multiple championships;
       Whereas the Sparks finished the season with a 25 and 7 
     record and won all 6 of their playoff games, tying the WNBA 
     record;
       Whereas team captain, Lisa Leslie, was named Most Valuable 
     Player of both the WNBA All-Star Game and the WNBA finals for 
     the 2nd straight year;
       Whereas Mwadi Mabika and Lisa Leslie were named to the 
     first All-WNBA team;
       Whereas Nikki Teasley tied her own WNBA record with 11 
     assists and scored the winning basket in the final game; and
       Whereas each player, coach, trainer, and manager dedicated 
     their time and effort to ensuring the Sparks reached the 
     summit of team achievement: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) congratulates--
       (A) the Los Angeles Sparks for winning the 2002 Women's 
     National Basketball Association championships; and
       (B) all of the 16 teams that compose the WNBA for their 
     hard work and dedication to the sport of basketball and for 
     their display of sportsmanship throughout the WNBA season;
       (2) recognizes the achievements of all the players, 
     coaches, support staff, and fans who were instrumental in 
     helping the Sparks win the championship; and
       (3) directs the Clerk of the House of Representatives to 
     make available enrolled copies of this resolution to the 
     Sparks for appropriate display and to transmit an enrolled 
     copy of this resolution to each coach and member of the 
     Sparks championship team.


    Discharged from the Committee on Government Reform and Agreed to

  House Resolution 571, honoring the life of David O. ``Doc'' Cooke, 
the ``Mayor of the Pentagon''.

                              H. Res. 571

       Whereas for 44 years, David O. ``Doc'' Cooke's tireless 
     dedication, skill, and involvement in Department of Defense 
     management issues earned him the respect of his colleagues 
     and distinction as a Pentagon institution;
       Whereas as the quintessential civil servant, Doc Cooke rose 
     to become the highest ranking career civil servant within the 
     Department of Defense;
       Whereas in his jobs as the Director of Administration and 
     Management for the Office of the Secretary of Defense, and 
     Director of Washington Headquarters Services, Doc Cooke was 
     responsible for maintenance, operation, and security of 
     buildings of the Department of Defense in the Washington, 
     D.C. area, including the Pentagon Reservation;
       Whereas because of his propensity to make things happen, 
     Doc Cooke was respectfully known as the ``Mayor of the 
     Pentagon'';
       Whereas Doc Cooke was born in 1920 in Buffalo, New York, 
     and went on to earn a bachelor's degree in education from the 
     State Teachers College at Buffalo in 1941, a master's degree 
     in political science from the New York State College for 
     Teachers in 1942, and a law degree in 1950 from George 
     Washington University, where he was a member of the Law 
     Review;
       Whereas Doc Cooke served in the Navy during World War II as 
     an officer on the USS Pennsylvania; returned to active duty 
     during the Korean war, during which time he served as an 
     instructor in the School of Naval Justice; and retired in 
     1968 as a Navy captain;
       Whereas Doc Cooke served on Defense Secretary Neil 
     McElroy's task force on Department of Defense reorganization 
     in 1958; worked for Defense Secretary Robert McNamara, as 
     Director of the Office of Organizational and Management 
     Planning, implementing changes in Department of Defense 
     organization; and worked for every other Secretary of Defense 
     since then;
       Whereas during the late 1980s and early 1990s, Doc Cooke 
     was a strong advocate for renovation of the Pentagon;
       Whereas many of the construction specifications supported 
     by Doc Cooke helped to save lives during the terrorist attack 
     on the Pentagon on September 11, 2001;
       Whereas Doc Cooke could be seen assisting in the response 
     to the terrorist attack on the Pentagon on September 11, 
     2001;
       Whereas throughout the Department of Defense, Doc Cooke was 
     noted for his strong support of equal employment opportunity 
     for minorities, women, and individuals with disabilities;
       Whereas Doc Cooke was instrumental in establishing a Public 
     Service Academy at Anacostia High School in the District of 
     Columbia, which has helped to increase the graduation rate of 
     students;

[[Page H7885]]

       Whereas Doc Cooke served as a member of the seven-member 
     Governance Committee of United Way of the National Capital 
     Area's September 11 Fund, deciding how to distribute disaster 
     relief funds collected after September 11;
       Whereas Doc Cooke has been recognized for his extraordinary 
     performance through numerous awards, including the Department 
     of Defense Medal for Distinguished Civilian Service (the 
     Department's highest department career award) seven times; 
     the Department of Defense Medal for Outstanding Public 
     Service; the Department of Defense Medal for Distinguished 
     Public Service twice; the Roger W. Jones Award for Executive 
     Leadership from American University (1983); the NAACP 
     Benjamin L. Hooks Distinguished Service Award (1994); the 
     Presidential Meritorious Rank Award (1994); the Government 
     Executive Leadership Award (1995); a Presidential 
     Distinguished Rank Award (1995); a National Public Service 
     Award (1997); the President's Award for Distinguished Federal 
     Civilian Service (1998), the highest Government service 
     award; the John O. Marsh Public Service Award (2000); the 
     Senior Executives Association Board of Directors Award 
     (2001); the Nelson A. Rockefeller College of Public Affairs 
     and Policy Distinguished Alumnus Award (2001); an award from 
     the University at Albany Alumni Association for ``Recognition 
     for Outstanding Service'' (2001); and the American Society of 
     Public Administration Elmer B. Staats Lifetime Achievement 
     Award for Distinguished Service (2002); and
       Whereas on June 22, 2002, Doc Cooke died as the result of 
     injuries sustained in an automobile accident, after a long 
     and distinguished career in government, in which he became 
     the model for civil servants: Now, therefore, be it:
       Resolved, That the House of Representatives--
       (1) recognizes David O. ``Doc'' Cooke's legendary 
     professionalism as a model civil servant;
       (2) honors Doc Cooke's life; and
       (3) extends its condolences to the Cooke family and the 
     Department of Defense community on the death of an 
     extraordinary human being.


Discharged from the Committee on Education and the Workforce and Agreed 
                                   to

  House Concurrent Resolution 467, expressing the sense of Congress 
that Lionel Hampton should be honored for his contributions to American 
music.

                            H. Con. Res. 467

       Whereas Lionel Hampton was one the Nation's greatest jazz 
     musicians, composers, and band leaders;
       Whereas Lionel Hampton was one of the first musicians to 
     play the vibraphone in jazz, setting the standard for mastery 
     of that instrument;
       Whereas Lionel Hampton nurtured and inspired many of the 
     greatest performers of jazz music who would go on to fame in 
     their own right;
       Whereas Lionel Hampton shattered the racial barriers of his 
     time when he was recruited to perform with the Benny Goodman 
     band in the 1930s, creating for first time an integrated 
     public face of jazz music;
       Whereas Lionel Hampton, with his performances around the 
     world, was a musical ambassador of goodwill and friendship 
     for the United States;
       Whereas Lionel Hampton was never deterred by fame from 
     contributing to the Harlem, New York, community that he 
     viewed as his home;
       Whereas Lionel Hampton was active in the development of 
     affordable housing, among them Harlem's Gladys Hampton 
     Houses, named after his late wife, the former Gladys Riddle;
       Whereas Lionel Hampton performed at the White House under 
     Republican and Democratic presidents and was honored with the 
     Presidential Gold Medal by President Bill Clinton; and
       Whereas Lionel Hampton was born in Louisville, Kentucky on 
     April 20, 1908, and died in New York City on August 31, 2002: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That it is the sense of Congress that Lionel 
     Hampton should be honored for his contributions to American 
     music and for his work as an ambassador of goodwill and 
     democracy.


Discharged from the Committee on International Relations, Amended, and 
                               Agreed to

  House Resolution 410, expressing the sense of the House of 
Representatives regarding human rights violations in Tibet, the Panchen 
Lama, and the need for dialogue between the Chinese leadership of the 
Dalai Lama or his representatives.

                              H. Res. 410

       Whereas Jiang Zemin, President of the People's Republic of 
     China, is scheduled to visit the United States in October of 
     2002;
       Whereas Gedhun Choekyi Nyima was taken from his home by 
     Chinese authorities on May 17, 1995, at the age of 6, shortly 
     after being recognized as the 11th incarnation of the Panchen 
     Lama by the Dalai Lama;
       Whereas the forced disappearance of the Panchen Lama 
     violates fundamental freedoms enshrined in international 
     human rights covenants to which the People's Republic of 
     China is a party, including the Convention on the Rights of 
     the Child;
       Whereas the use of religious belief as the primary criteria 
     for repression against Tibetans reflects a continuing pattern 
     of grave human rights violations that have occurred since the 
     invasion of Tibet in 1949-50;
       Whereas the State Department Country Reports on Human 
     Rights Practices for 2001 states that repressive social and 
     political controls continue to limit the fundamental freedoms 
     of Tibetans and risk undermining Tibet's unique cultural, 
     religious, and linguistic heritage, and that repeated 
     requests for access to the Panchen Lama to confirm his well-
     being and whereabouts have been denied;
       Whereas the appointment of the Under Secretary of State for 
     Global Affairs, Paula J. Dobrianksy, as the Special 
     Coordinator for Tibetan Issues is a positive sign that the 
     United States Government places a priority on the political 
     and religious liberties of the people of Tibet; and
       Whereas the direct contact reestablished in September 2002 
     between the Government of the People's Republic of China and 
     the representatives of the Dalai Lama is a welcome gesture 
     and should provide a basis for regular dialogue leading to a 
     mutually acceptable solution for Tibet: Now, therefore, be it
       Resolved, That it is the sense of the House of 
     Representatives that--
       (1) President Jiang Zemin should be made aware of 
     congressional concern for the Panchen Lama and the need to 
     resolve the situation in Tibet through dialogue with the 
     Dalai Lama or his representatives; and
       (2) the Government of the People's Republic of China 
     should--
       (A) release the Panchen Lama and allow him to pursue his 
     traditional role at Tashi Lhunpo monastery in Tibet; and
       (B) enter into dialogue with the Dalai Lama or his 
     representatives in order to find a negotiated solution for 
     genuine autonomy that respects the rights of all Tibetans.


Discharged from the Committee on Government Reform, Amended, and Agreed 
                                   to

  House Concurrent Resolution 486, expressing the sense of Congress 
that there should be established a Pancreatic Cancer Awareness Month.

                            H. Con. Res. 486

       Whereas over 30,300 people will be diagnosed with 
     pancreatic cancer this year in the United States;
       Whereas the mortality rate for pancreatic cancer is 99 
     percent, the highest of any cancer;
       Whereas pancreatic cancer is the 4th most common cause of 
     cancer death for men and women in the United States;
       Whereas there are no early detection methods and minimal 
     treatment options for pancreatic cancer;
       Whereas when symptoms of pancreatic cancer generally 
     present themselves, it is too late for an optimistic 
     prognosis, and the average survival rate of those diagnosed 
     with metastasis disease is only 3 to 6 months;
       Whereas pancreatic cancer does not discriminate by age, 
     gender, or race, and only 4 percent of patients survive 
     beyond 5 years;
       Whereas the Pancreatic Cancer Action Network (PanCAN), the 
     only national advocacy organization for pancreatic cancer 
     patients, facilitates awareness, patient support, 
     professional education, and advocacy for pancreatic cancer 
     research funding, with a view to ultimately developing a cure 
     for pancreatic cancer; and
       Whereas the Pancreatic Cancer Action Network has requested 
     that the Congress designate November as Pancreatic Cancer 
     Awareness Month in order to educate communities across the 
     Nation about pancreatic cancer and the need for research 
     funding, early detection methods, effective treatments, and 
     prevention programs: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That it is the sense of the Congress that there 
     should be established a Pancreatic Cancer Awareness Month.

  Discharged from the Committee on House Administration, Amended, and 
                               Agreed to

  House Concurrent Resolution 487, authorizing the printing as a House 
document of a volume consisting of the transcripts of the ceremonial 
meeting of the House of Representatives and Senate in New York City on 
September 6, 2002, and a collection of statements by Members of the 
House of Representatives and Senate from the Congressional Record on 
the terrorist attacks of September 11, 2001.

                            H. Con. Res. 487

       Resolved by the House of Representatives (the Senate 
     concurring),

     SECTION 1. AUTHORIZING PRINTING OF VOLUME OF TRANSCRIPTS OF 
                   NEW YORK CITY MEETING AND STATEMENTS ON 
                   TERRORIST ATTACKS OF SEPTEMBER 11.

       (a) In General.--A volume consisting of the transcripts of 
     the ceremonial meeting of the House of Representatives and 
     Senate in New York City on September 6, 2002, and a 
     collection of statements by Members of the House of 
     Representatives and Senators on the terrorist attacks of 
     September 11, 2001, shall be printed as a House document 
     under the direction of the Joint Committee on Printing, with 
     suitable binding.
       (b) Statements To Be Included in Volume.--A statement by a 
     Member of the House of Representatives or a Senator on the

[[Page H7886]]

     terrorist attacks of September 11, 2001, shall be included in 
     the volume printed under subsection (a) if the statement--
       (1) was printed in the Congressional Record prior to the 
     most recent date on which the House of Representatives 
     adjourned prior to the date of the regularly scheduled 
     general election in November 2002; and
       (2) is approved for inclusion in the volume by the 
     Committee on House Administration of the House of 
     Representatives (in the case of a statement by a Member of 
     the House) or the Committee on Rules and Administration of 
     the Senate (in the case of a statement by a Senator).

     SEC. 2. NUMBER OF COPIES.

       The number of copies of the document printed under section 
     1 shall be 15,000 casebound copies, of which--
       (1) 15 shall be provided to each Member of the House of 
     Representatives;
       (2) 25 shall be provided to each Senator; and
       (3) the balance shall be distributed by the Joint Committee 
     on Printing to Members of the House of Representatives and 
     Senators, based on requests submitted to the joint Committee 
     by Members and Senators.

     SEC. 3. MEMBER DEFINED.

       In this concurrent resolution, the term ``Member of the 
     House of Representatives'' includes a Delegate or Resident 
     Commissioner to the Congress.


               Amended by Committee Amendment and Passed

  H.R. 5400, to authorize the President of the United States to agree 
to certain amendments to the Agreement between the Government of the 
United States of America and the Government of the United Mexican 
States concerning the establishment of a Border Environment Cooperation 
Commission and a North American Development Bank, and for other 
purposes.

                               H.R. 5400

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

     SECTION 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE 
                   BORDER ENVIRONMENT COOPERATION AGREEMENT.

       (a) In General.--Part 2 of subtitle D of title V of Public 
     Law 103-182 (22 U.S.C. 290m--290m-3) is amended by adding at 
     the end the following:

     ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE 
                   BORDER ENVIRONMENT COOPERATION AGREEMENT.

       ``The President may agree to amendments to the Cooperation 
     Agreement that--
       ``(1) enable the Bank to make grants and nonmarket rate 
     loans out of its paid-in capital resources with the approval 
     of its Board; and
       ``(2) amend the definition of `border region' to include 
     the area in the United States that is within 100 kilometers 
     of the international boundary between the United States and 
     Mexico, and the area in Mexico that is within 300 kilometers 
     of the international boundary between the United States and 
     Mexico.''.
       (b) Clerical Amendment.--Section 1(b) of such public law is 
     amended in the table of contents by inserting after the item 
     relating to section 544 the following:

``Sec. 545. Authority to agree to certain amendments to the Border 
              Environment Cooperation Agreement.''.

     SEC. 2. ANNUAL REPORT.

       The Secretary of the Treasury shall submit annually to the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a written report on the North American Development 
     Bank, which addresses the following issues:
       (1) The number and description of the projects that the 
     North American Development Bank has approved. The description 
     shall include the level of market-rate loans, non-market-rate 
     loans, and grants used in an approved project, and a 
     description of whether an approved project is located within 
     100 kilometers of the international boundary between the 
     United States and Mexico or within 300 kilometers of the 
     international boundary between the United States and Mexico.
       (2) The number and description of the approved projects in 
     which money has been dispersed.
       (3) The number and description of the projects which have 
     been certified by the Border Environment Cooperation 
     Commission, but yet not financed by the North American 
     Development Bank, and the reasons that the projects have not 
     yet been financed.
       (4) The total of the paid-in capital, callable capital, and 
     retained earnings of the North American Development Bank, and 
     the uses of such amounts.
       (5) A description of any efforts and discussions between 
     the United States and Mexican governments to expand the type 
     of projects which the North American Development Bank 
     finances beyond environmental projects.
       (6) A description of any efforts and discussions between 
     the United States and Mexican governments to improve the 
     effectiveness of the North American Development Bank.
       (7) The number and description of projects authorized under 
     the Water Conservation Investment Fund of the North American 
     Development Bank.

     SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES 
                   SUPPORT FOR NADBANK PROJECTS WHICH FINANCE 
                   WATER CONSERVATION FOR TEXAS IRRIGATORS AND 
                   AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE 
                   RIVER VALLEY.

       (a) Findings.--The Congress finds that--
       (1) Texas irrigators and agricultural producers are 
     suffering enormous hardships in the lower Rio Grande River 
     valley because of Mexico's failure to abide by the 1944 Water 
     Treaty entered into by the United States and Mexico;
       (2) over the last 10 years, Mexico has accumulated a 
     1,500,000-acre fee water debt to the United States which has 
     resulted in a very minimal and inadequate irrigation water 
     supply in Texas;
       (3) recent studies by Texas A&M University show that water 
     savings of 30 percent or more can be achieved by improvements 
     in irrigation system infrastructure such as canal lining and 
     metering;
       (4) on August 20, 2002, the Board of the North American 
     Development Bank agreed to the creation in the Bank of a 
     Water Conservation Investment Fund, as required by Minute 308 
     to the 1944 Water Treaty, which was an agreement signed by 
     the United States and Mexico on June 28, 2002; and
       (5) the Water Conservation Investment Fund of the North 
     American Development Bank stated that up to $80,000,000 would 
     be available for grant financing of water conservation 
     projects, which grant funds would be divided equally between 
     the United States and Mexico.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) water conservation projects are eligible for funding 
     from the North American Development Bank under the Agreement 
     Between the Government of the United States of America and 
     the Government of the United Mexican States Concerning the 
     Establishment of a Border Environment Cooperation Commission 
     and a North American Development Bank; and
       (2) the Board of the North American Development Bank should 
     support qualified water conservation projects which can 
     assist Texas irrigators and agricultural producers in the 
     lower Rio Grande River Valley.

     SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES 
                   SUPPORT FOR NADBANK PROJECTS WHICH FINANCE 
                   WATER CONSERVATION IN THE SOUTHERN CALIFORNIA 
                   AREA.

       It is the sense of the Congress that the Board of the North 
     American Development Bank should support--
       (1) the development of qualified water conservation 
     projects in southern California and other eligible areas in 
     the 4 United States border States, including the conjunctive 
     use and storage of surface and ground water, delivery system 
     conservation, the re-regulation of reservoirs, improved 
     irrigation practices, wastewater reclamation, regional water 
     management modeling, operational and optimization studies to 
     improve water conservation, and cross-border water exchanges 
     consistent with treaties; and
       (2) new water supply research and projects along the Mexico 
     border in southern California and other eligible areas in the 
     4 United States border States to desalinate ocean seawater 
     and brackish surface and groundwater, and dispose of or 
     manage the brines resulting from desalination.

     SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES 
                   SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE 
                   WATER CONSERVATION FOR IRRIGATORS AND 
                   AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED 
                   STATES.

       (a) Findings.--The Congress finds as follows:
       (1) Irrigators and agricultural producers are suffering 
     enormous hardships in the southwest United States. The border 
     States of California, Arizona, New Mexico, and Texas are 
     suffering from one of the worst droughts in history. In 
     Arizona, this is the second driest period in recorded history 
     and the worst since 1904.
       (2) In spite of decades of water conservation in the 
     southwest United States, irrigated agriculture uses more than 
     60 percent of surface and ground water.
       (3) The most inadequate water supplies in the United States 
     are in the Southwest, including the lower Colorado River 
     basin and the Great Plains River basins south of the Platte 
     River. In these areas, 70 percent of the water taken from the 
     stream is not returned.
       (4) The amount of water being pumped out of groundwater 
     sources in many areas is greater than the amount being 
     replenished, thus depleting the groundwater supply.
       (5) On August 20, 2002, the Board of the North American 
     Development Bank agreed to the creation in the bank of a 
     Water Conservation Investment Fund.
       (6) The Water Conservation Investment Fund of the North 
     American Development Bank stated that up to $80,000,000 would 
     be available for grant financing of water conservation 
     projects, which grant funds would be divided equally between 
     the United States and Mexico.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) water conservation projects are eligible for funding 
     from the North American Development Bank under the Agreement 
     Between the Government of the United States of America and 
     the Government of the United Mexican States Concerning the 
     Establishment of a Border Environment Cooperation Commission 
     and a North American Development Bank;
       (2) the Board of the North American Development Bank should 
     support qualified water conservation projects that can assist 
     irrigators and agricultural producers; and
       (3) the Board of the North American Development Bank should 
     take into consideration the needs of all of the border states 
     before approving funding for water projects, and strive to 
     fund water conservation projects in each of the border 
     states.

[[Page H7887]]

     SEC. 6. ADDITIONAL SENSES OF THE CONGRESS.

       (a) It is the sense of the Congress that the Board of the 
     North American Development Bank should support the financing 
     of projects, on both sides of the international boundary 
     between the United States and Mexico, which address coastal 
     issues and the problem of pollution in both countries having 
     an environmental impact along the Pacific Ocean and Gulf of 
     Mexico shores of the United States and Mexico.
       (b) It is the sense of the Congress that the Board of the 
     North American Development Bank should support the financing 
     of projects, on both sides of the international boundary 
     between the United States and Mexico, which address air 
     pollution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The SPEAKER pro tempore. Without objection, the various titles are 
amended.
  There was no objection.

                          ____________________