[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
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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.
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