[Congressional Record Volume 148, Number 135 (Tuesday, October 15, 2002)]
[Senate]
[Pages S10451-S10472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4879. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4738 proposed by Mr. Gramm (for himself, Mr. Miller, 
Mr. McConnell, Mr. Thompson, Mr. Stevens, Mr. Hagel, Mr. Hutchinson, 
and Mr. Bunning) to the amendment SA 4471 proposed by Mr. Lieberman to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 24, strike line 4 and insert the following:
       (19) On behalf of the Secretary, subject to disapproval by 
     the President, to direct the agencies described under 
     subsection (f)(1) to provide intelligence information, 
     analyses of intelligence information, and such other 
     intelligence-related information as the Assistant Secretary 
     for Information Analysis determines necessary. The agencies 
     described are: other elements of the Department; the Federal 
     Bureau of Investigation; other elements of the intelligence 
     community, as that term is defined in section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4); such other 
     elements of the Federal Government as the President considers 
     appropriate.
       (20) To perform such other duties relating to
                                 ______
                                 
  SA 4880. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4738 proposed by Mr. Gramm (for himself, Mr. Miller, 
Mr. McConnell, Mr. Thompson, Mr. Stevens, Mr. Hagel, Mr. Hutchinson, 
and Mr. Bunning) to the amendment SA 4471 proposed by Mr. Lieberman to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 24, strike line 6 and all that follows 
     through line 14 on page 27 and insert the following:

     SEC. 202. HOMELAND SECURITY ASSESSMENT CENTER.

       (a) Establishment.--There is established in the Department 
     the Homeland Security Assessment Center.
       (b) Head.--The Assistant Secretary of Homeland Security for 
     Information Analysis shall be the head of the Center.
       (c) Responsibilities.--The responsibilities of the Center 
     shall be as follows:
       (1) To assist the Under Secretary of Homeland Security for 
     Information Analysis and Infrastructure Protection in 
     discharging the responsibilities under section 201.
       (2) To provide intelligence and information analysis and 
     support to other elements of the Department.
       (3) To perform such other duties as the Secretary shall 
     provide.
       (d) Staff.--
       (1) In general.--The Secretary shall provide the Center 
     with a staff of analysts having appropriate expertise and 
     experience to assist the Center in discharging the 
     responsibilities under this section.
       (2) Private sector analysts.--Analysts under this 
     subsection may include analysts from the private sector.
       (3) Security clearances.--Analysts under this subsection 
     shall possess security clearances appropriate for their work 
     under this section.
       (e) Cooperation within Department.--The Secretary shall 
     ensure that the Center cooperates closely with other 
     officials of the Department having responsibility for 
     infrastructure protection in order to provide the Secretary 
     with a complete and comprehensive understanding of threats to 
     homeland security and the actual or potential vulnerabilities 
     of the United States in light of such threats.
       (f) Support.--
       (1) In general.--The following elements of the Federal 
     Government shall provide personnel and resource support to 
     the Center:
       (A) Other elements of the Department designated by the 
     Secretary for that purpose.
       (B) The Federal Bureau of Investigation.
       (C) Other elements of the intelligence community, as that 
     term is defined in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       (D) Such other elements of the Federal Government as the 
     President considers appropriate.
       (2) Memoranda of understanding.--The Secretary may enter 
     into one or more memoranda of understanding with the head of 
     an element referred to in paragraph (1) regarding the 
     provision of support to the Center under that paragraph.
       (g) Detail of Personnel.--
       (1) In general.--In order to assist the Center in 
     discharging the responsibilities under subsection (c), 
     personnel of the agencies referred to in paragraph (2) may be 
     detailed to the Department for the performance of analytic 
     functions and related duties.
       (2) Covered agencies.--The agencies referred to in this 
     paragraph are as follows:
       (A) The Department of State.
       (B) The Central Intelligence Agency.
       (C) The Federal Bureau of Investigation.
       (D) The National Security Agency.
       (E) The National Imagery and Mapping Agency.
       (F) The Defense Intelligence Agency.
       (G) Other elements of the intelligence community, as 
     defined in this section.
       (H) Any other agency of the Federal Government that the 
     Secretary considers appropriate.
       (3) Cooperative agreements.--Personnel shall be detailed 
     under this subsection pursuant to cooperative agreements 
     entered into for that purpose by the Secretary and the head 
     of the agency concerned.
       (4) Basis.--The detail of personnel under this subsection 
     may be on a reimbursable or non-reimbursable basis.
       (h) Functions Transferred.--In accordance with title VIII, 
     there shall be transferred to the Secretary, for assignment 
     to the Under Secretary for Information Analysis and 
     Infrastructure Protection under this section, the functions, 
     personnel, assets, and liabilities of the following:
       (1) The National Infrastructure Protection Center of the 
     Federal Bureau of Investigation (other than the Computer 
     Investigations and Operations Section), including the 
     functions of the Attorney General relating thereto.
       (2) The National Communications System of the Department of 
     Defense, including the functions of the Secretary of Defense 
     relating thereto.
       (3) The Critical Infrastructure Assurance Office of the 
     Department of Commerce, including the functions of the 
     Secretary of Commerce relating thereto.
       (4) The Computer Security Division of the National 
     Institute of Standards and Technology, including the 
     functions of the Secretary of Commerce relating thereto.
       (5) The National Infrastructure Simulation and Analysis 
     Center of the Department of Energy and the energy security 
     and assurance program and activities of the Department, 
     including the functions of the Secretary of Energy relating 
     thereto.
       (6) The Federal Computer Incident Response Center of the 
     General Services Administration, including the functions of 
     the Administrator of General Services relating thereto.
       (i) Study of Placement Within Intelligence Community.--Not 
     later than 90 days after the effective date of this Act, the 
     President shall submit to the Committee on Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate and the Committee on Government Reform and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives a report assessing the advisability of the 
     following:
       (1) Placing the elements of the Department concerned with 
     the analysis of foreign intelligence information within the 
     intelligence community under section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4)).
       (2) Placing such elements within the National Foreign 
     Intelligence Program for budgetary purposes.

[[Page S10452]]

     SEC. 203. ACCESS TO INFORMATION.

                                 ______
                                 
  SA 4881. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 59, between lines 20 and 21 insert the 
     following:
       (c) Homeland Security Assessment Center.--
       (1) Establishment.--There is established in the Department 
     the Homeland Security Assessment Center.
       (2) Head.--The Under Secretary of Homeland Security for 
     Intelligence shall be the head of the Center.
       (3) Responsibilities.--The responsibilities of the Center 
     shall be as follows:
       (A) To assist the Directorate of Intelligence in 
     discharging the responsibilities under subsection (b) of this 
     section.
       (B) To provide intelligence and information analysis and 
     support to other elements of the Department.
       (C) To perform such other duties as the Secretary shall 
     provide.
       (4) Staff.--
       (A) In general.--The Secretary shall provide the Center 
     with a staff of analysts having appropriate expertise and 
     experience to assist the Center in discharging the 
     responsibilities under this subsection.
       (B) Private sector analysts.--Analysts under this 
     subsection may include analysts from the private sector.
       (C) Security clearances.--Analysts under this subsection 
     shall possess security clearances appropriate for their work 
     under this section.
       (5) Cooperation within department.--The Secretary shall 
     ensure that the Center cooperates closely with other 
     officials of the Department having responsibility for 
     infrastructure protection in order to provide the Secretary 
     with a complete and comprehensive understanding of threats to 
     homeland security and the actual or potential vulnerabilities 
     of the United States in light of such threats.
       (6) Support.--
       (A) In general.--The following elements of the Federal 
     Government shall provide personnel and resource support to 
     the Center:
       (i) Other elements of the Department designated by the 
     Secretary for that purpose.
       (ii) The Federal Bureau of Investigation.
       (iii) Other elements of the intelligence community, as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)).
       (iv) Such other elements of the Federal Government as the 
     President considers appropriate.
       (B) Memoranda of understanding.--The Secretary may enter 
     into one or more memoranda of understanding with the head of 
     an element referred to in paragraph (1) regarding the 
     provision of support to the Center under that paragraph.
       (7) Detail of personnel.--
       (A) In general.--In order to assist the Center in 
     discharging the responsibilities under subsection (c), 
     personnel of the agencies referred to in paragraph (2) may be 
     detailed to the Department for the performance of analytic 
     functions and related duties.
       (B) Covered agencies.--The agencies referred to in this 
     paragraph are as follows:
       (i) The Department of State.
       (ii) The Central Intelligence Agency.
       (iii) The Federal Bureau of Investigation.
       (iv) The National Security Agency.
       (v) The National Imagery and Mapping Agency.
       (vi) The Defense Intelligence Agency.
       (vii) Other elements of the intelligence community, as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 410a(4)).
       (viii) Any other agency of the Federal Government that the 
     Secretary considers appropriate.
       (C) Cooperative agreements.--Personnel shall be detailed 
     under this subsection pursuant to cooperative agreements 
     entered into for that purpose by the Secretary and the head 
     of the agency concerned.
       (D) Basis.--The detail of personnel under this subsection 
     may be on a reimbursable or non-reimbursable basis.
       On page 59, line 21, strike ``(c)'' and insert ``(d)''.
       On page 61, line 1, strike ``(d)'' and insert ``(e)''.
       On page 61, line 12, strike ``(e)'' and insert ``(f)''.
       On page 62, line 5, strike ``(f)'' and insert ``(g)''.
       On page 63, line 15, strike ``(g)'' and insert ``(h)''.
                                 ______
                                 
  SA 4882. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 59, between lines 20 and 21, insert the following:
       (14) On behalf of the Secretary, subject to disapproval by 
     the President, directing the agencies described under 
     subsection (a)(1)(B) to provide intelligence information, 
     analyses of intelligence information, and such other 
     intelligence-related information as the Under Secretary for 
     Intelligence determines necessary.
                                 ______
                                 
  SA 4883. Mr. DASCHLE (for Mr. Rockefeller) proposed an amendment to 
the bill H.R. 3253, to amend title 38, United States Code, to provide 
for the establishment within the Department of Veterans Affairs of 
improved emergency medical preparedness, research, and education 
programs to combat terrorism, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Veterans 
     Affairs Emergency Preparedness Act of 2002''.

     SEC. 2. ESTABLISHMENT OF MEDICAL EMERGENCY PREPAREDNESS 
                   CENTERS AT DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL CENTERS.

       (a) In General.--(1) Subchapter II of chapter 73 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7325. Medical emergency preparedness centers

       ``(a) Establishment of Centers.--(1) The Secretary shall 
     establish four medical emergency preparedness centers in 
     accordance with this section. Each such center shall be 
     established at a Department medical center and shall be 
     staffed by Department employees.
       ``(2) The Under Secretary for Health shall be responsible 
     for supervising the operation of the centers established 
     under this section. The Under Secretary shall provide for 
     ongoing evaluation of the centers and their compliance with 
     the requirements of this section.
       ``(3) The Under Secretary shall carry out the Under 
     Secretary's functions under paragraph (2) in consultation 
     with the Assistant Secretary of Veterans Affairs with 
     responsibility for operations, preparedness, security, and 
     law enforcement functions.
       ``(b) Mission.--The mission of the centers shall be as 
     follows:
       ``(1) To carry out research on, and to develop methods of 
     detection, diagnosis, prevention, and treatment of injuries, 
     diseases, and illnesses arising from the use of chemical, 
     biological, radiological, incendiary or other explosive 
     weapons or devices posing threats to the public health and 
     safety.
       ``(2) To provide education, training, and advice to health 
     care professionals, including health care professionals 
     outside the Veterans Health Administration, through the 
     National Disaster Medical System established pursuant to 
     section 2811(b) of the Public Health Service Act (42 U.S.C. 
     300hh-11(b)) or through interagency agreements entered into 
     by the Secretary for that purpose.
       ``(3) In the event of a disaster or emergency referred to 
     in section 1785(b) of this title, to provide such laboratory, 
     epidemiological, medical, or other assistance as the 
     Secretary considers appropriate to Federal, State, and local 
     health care agencies and personnel involved in or responding 
     to the disaster or emergency.
       ``(c) Selection of Centers.--(1) The Secretary shall select 
     the sites for the centers on the basis of a competitive 
     selection process. The Secretary may not designate a site as 
     a location for a center under this section unless the 
     Secretary makes a finding under paragraph (2) with respect to 
     the proposal for the designation of such site. To the maximum 
     extent practicable, the Secretary shall ensure the geographic 
     dispersal of the sites throughout the United States. Any such 
     center may be a consortium of efforts of more than one 
     medical center.
       ``(2) A finding by the Secretary referred to in paragraph 
     (1) with respect to a proposal for designation of a site as a 
     location of a center under this section is a finding by the 
     Secretary, upon the recommendations of the Under Secretary 
     for Health and the Assistant Secretary with responsibility 
     for operations, preparedness, security, and law enforcement 
     functions, that the facility or facilities submitting the 
     proposal have developed (or may reasonably be anticipated to 
     develop) each of the following:
       ``(A) An arrangement with a qualifying medical school and a 
     qualifying school of public health (or a consortium of such 
     schools) under which physicians and other persons in the 
     health field receive education and training through the 
     participating Department medical facilities so as to provide 
     those persons with training in the detection, diagnosis, 
     prevention, and treatment of injuries, diseases, and 
     illnesses induced by exposures to chemical and biological 
     substances, radiation, and incendiary or other explosive 
     weapons or devices.
       ``(B) An arrangement with a graduate school specializing in 
     epidemiology under which students receive education and 
     training in epidemiology through the participating Department 
     facilities so as to provide such students with training in 
     the epidemiology of contagious and infectious diseases and 
     chemical and radiation poisoning in an exposed population.
       ``(C) An arrangement under which nursing, social work, 
     counseling, or allied health personnel and students receive 
     training and education in recognizing and caring for 
     conditions associated with exposures to toxins through the 
     participating Department facilities.

[[Page S10453]]

       ``(D) The ability to attract scientists who have made 
     significant contributions to the development of innovative 
     approaches to the detection, diagnosis, prevention, or 
     treatment of injuries, diseases, and illnesses arising from 
     the use of chemical, biological, radiological, incendiary or 
     other explosive weapons or devices posing threats to the 
     public health and safety.
       ``(3) For purposes of paragraph (2)(A)--
       ``(A) a qualifying medical school is an accredited medical 
     school that provides education and training in toxicology and 
     environmental health hazards and with which one or more of 
     the participating Department medical centers is affiliated; 
     and
       ``(B) a qualifying school of public health is an accredited 
     school of public health that provides education and training 
     in toxicology and environmental health hazards and with which 
     one or more of the participating Department medical centers 
     is affiliated.
       ``(d) Research Activities.--Each center shall conduct 
     research on improved medical preparedness to protect the 
     Nation from threats in the area of that center's expertise. 
     Each center may seek research funds from public and private 
     sources for such purpose.
       ``(e) Dissemination of Research Products.--(1) The Under 
     Secretary for Health and the Assistant Secretary with 
     responsibility for operations, preparedness, security, and 
     law enforcement functions shall ensure that information 
     produced by the research, education and training, and 
     clinical activities of centers established under this section 
     is made available, as appropriate, to health-care providers 
     in the United States. Dissemination of such information shall 
     be made through publications, through programs of continuing 
     medical and related education provided through regional 
     medical education centers under subchapter VI of chapter 74 
     of this title, and through other means. Such programs of 
     continuing medical education shall receive priority in the 
     award of funding.
       ``(2) The Secretary shall ensure that the work of the 
     centers is conducted in close coordination with other Federal 
     departments and agencies and that research products or other 
     information of the centers shall be coordinated and shared 
     with other Federal departments and agencies.
       ``(f) Coordination of Activities.--The Secretary shall take 
     appropriate actions to ensure that the work of each center is 
     carried out--
       ``(1) in close coordination with the Department of Defense, 
     the Department of Health and Human Services, and other 
     departments, agencies, and elements of the Government charged 
     with coordination of plans for United States homeland 
     security; and
       ``(2) after taking into consideration applicable 
     recommendations of the working group on the prevention, 
     preparedness, and response to bioterrorism and other public 
     health emergencies established under section 319F(a) of the 
     Public Health Service Act (42 U.S.C. 247d-6(a)) or any other 
     joint interagency advisory group or committee designated by 
     the President or the President's designee to coordinate 
     Federal research on weapons of mass destruction.
       ``(g) Assistance to Other Agencies.--The Secretary may 
     provide assistance requested by appropriate Federal, State, 
     and local civil and criminal authorities in investigations, 
     inquiries, and data analyses as necessary to protect the 
     public safety and prevent or obviate biological, chemical, or 
     radiological threats.
       ``(h) Detail of Employees From Other Agencies.--Upon 
     approval by the Secretary, the Director of a center may 
     request the temporary assignment or detail to the center, on 
     a nonreimbursable basis, of employees from other departments 
     and agencies of the United States who have expertise that 
     would further the mission of the center. Any such employee 
     may be so assigned or detailed on a nonreimbursable basis 
     pursuant to such a request.
       ``(i) Funding.--(1) Amounts appropriated for the activities 
     of the centers under this section shall be appropriated 
     separately from amounts appropriated for the Department for 
     medical care.
       ``(2) In addition to funds appropriated for a fiscal year 
     specifically for the activities of the centers pursuant to 
     paragraph (1), the Under Secretary for Health shall allocate 
     to such centers from other funds appropriated for that fiscal 
     year generally for the Department medical care account and 
     the Department medical and prosthetics research account such 
     amounts as the Under Secretary determines appropriate to 
     carry out the purposes of this section. Any determination by 
     the Under Secretary under the preceding sentence shall be 
     made in consultation with the Assistant Secretary with 
     responsibility for operations, preparedness, security, and 
     law enforcement functions.
       ``(3) There are authorized to be appropriated for the 
     centers under this section $20,000,000 for each of fiscal 
     years 2003 through 2007.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     7324 the following new item:

``7325. Medical emergency preparedness centers.''.
       (b) Peer Review for Designation of Centers.--(1) In order 
     to assist the Secretary of Veterans Affairs and the Under 
     Secretary of Veterans Affairs for Health in selecting sites 
     for centers under section 7325 of title 38, United States 
     Code, as added by subsection (a), the Under Secretary shall 
     establish a peer review panel to assess the scientific and 
     clinical merit of proposals that are submitted to the 
     Secretary for the designation of such centers. The peer 
     review panel shall be established in consultation with the 
     Assistant Secretary of Veterans Affairs with responsibility 
     for operations, preparedness, security, and law enforcement 
     functions.
       (2) The peer review panel shall include experts in the 
     fields of toxicological research, infectious diseases, 
     radiology, clinical care of patients exposed to such hazards, 
     and other persons as determined appropriate by the Secretary. 
     Members of the panel shall serve as consultants to the 
     Department of Veterans Affairs.
       (3) The panel shall review each proposal submitted to the 
     panel by the officials referred to in paragraph (1) and shall 
     submit to the Under Secretary for Health its views on the 
     relative scientific and clinical merit of each such proposal. 
     The panel shall specifically determine with respect to each 
     such proposal whether that proposal is among those proposals 
     which have met the highest competitive standards of 
     scientific and clinical merit.
       (4) The panel shall not be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).

     SEC. 3. EDUCATION AND TRAINING PROGRAMS ON MEDICAL RESPONSES 
                   TO CONSEQUENCES OF TERRORIST ACTIVITIES.

       (a) In General.--(1) Subchapter II of chapter 73 of title 
     38, United States Code, is amended by adding after section 
     7325, as added by section 2(a)(1), the following new section:

     ``Sec. 7326. Education and training programs on medical 
       response to consequences of terrorist activities

       ``(a) Education Program.--The Secretary shall carry out a 
     program to develop and disseminate a series of model 
     education and training programs on the medical responses to 
     the consequences of terrorist activities.
       ``(b) Implementing Official.--The program shall be carried 
     out through the Under Secretary for Health, in consultation 
     with the Assistant Secretary of Veterans Affairs with 
     responsibility for operations, preparedness, security, and 
     law enforcement functions.
       ``(c) Content of Programs.--The education and training 
     programs developed under the program shall be modelled after 
     programs established at the F. Edward Hebert School of 
     Medicine of the Uniformed Services University of the Health 
     Sciences and shall include, at a minimum, training for health 
     care professionals in the following:
       ``(1) Recognition of chemical, biological, radiological, 
     incendiary, or other explosive agents, weapons, or devices 
     that may be used in terrorist activities.
       ``(2) Identification of the potential symptoms of exposure 
     to those agents.
       ``(3) Understanding of the potential long-term health 
     consequences, including psychological effects, resulting from 
     exposure to those agents, weapons, or devices.
       ``(4) Emergency treatment for exposure to those agents, 
     weapons, or devices.
       ``(5) An appropriate course of followup treatment, 
     supportive care, and referral.
       ``(6) Actions that can be taken while providing care for 
     exposure to those agents, weapons, or devices to protect 
     against contamination, injury, or other hazards from such 
     exposure.
       ``(7) Information on how to seek consultative support and 
     to report suspected or actual use of those agents.
       ``(d) Potential Trainees.--In designing the education and 
     training programs under this section, the Secretary shall 
     ensure that different programs are designed for health-care 
     professionals in Department medical centers. The programs 
     shall be designed to be disseminated to health professions 
     students, graduate health and medical education trainees, and 
     health practitioners in a variety of fields.
       ``(e) Consultation.--In establishing education and training 
     programs under this section, the Secretary shall consult with 
     appropriate representatives of accrediting, certifying, and 
     coordinating organizations in the field of health professions 
     education.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     7325, as added by section 2(a)(2), the following new item:

``7326. Education and training programs on medical response to 
              consequences of terrorist activities.''.
       (b) Effective Date.--The Secretary of Veterans Affairs 
     shall implement section 7326 of title 38, United States Code, 
     as added by subsection (a), not later than the end of the 90-
     day period beginning on the date of the enactment of this 
     Act.

     SEC. 4. AUTHORITY TO FURNISH HEALTH CARE DURING MAJOR 
                   DISASTERS AND MEDICAL EMERGENCIES.

       (a) In General.--(1) Subchapter VIII of chapter 17 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1785. Care and services during certain disasters and 
       emergencies

       ``(a) Authority To Provide Hospital Care and Medical 
     Services.--During and immediately following a disaster or 
     emergency referred to in subsection (b), the Secretary may 
     furnish hospital care and medical services to individuals 
     responding to, involved in, or otherwise affected by that 
     disaster or emergency.

[[Page S10454]]

       ``(b) Covered Disasters and Emergencies.--A disaster or 
     emergency referred to in this subsection is any disaster or 
     emergency as follows:
       ``(1) A major disaster or emergency declared by the 
     President under the Robert B. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       ``(2) A disaster or emergency in which the National 
     Disaster Medical System established pursuant to section 
     2811(b) of the Public Health Service Act (42 U.S.C. 300hh-
     11(b)) is activated by the Secretary of Health and Human 
     Services under paragraph (3)(A) of that section or as 
     otherwise authorized by law.
       ``(c) Applicability to Eligible Individuals Who Are 
     Veterans.--The Secretary may furnish care and services under 
     this section to an individual described in subsection (a) who 
     is a veteran without regard to whether that individual is 
     enrolled in the system of patient enrollment under section 
     1705 of this title.
       ``(d) Reimbursement From Other Federal Departments and 
     Agencies.--(1) The cost of any care or services furnished 
     under this section to an officer or employee of a department 
     or agency of the United States other than the Department or 
     to a member of the Armed Forces shall be reimbursed at such 
     rates as may be agreed upon by the Secretary and the head of 
     such department or agency or the Secretary concerned, in the 
     case of a member of the Armed Forces, based on the cost of 
     the care or service furnished.
       ``(2) Amounts received by the Department under this 
     subsection shall be credited to the Medical Care Collections 
     Fund under section 1729A of this title.
       ``(e) Report to Congressional Committees.--Within 60 days 
     of the commencement of a disaster or emergency referred to in 
     subsection (b) in which the Secretary furnishes care and 
     services under this section (or as soon thereafter as is 
     practicable), the Secretary shall submit to the Committees on 
     Veterans' Affairs of the Senate and the House of 
     Representatives a report on the Secretary's allocation of 
     facilities and personnel in order to furnish such care and 
     services.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations governing the exercise of the authority of the 
     Secretary under this section.''.
       (2) The table of sections at the beginning of that chapter 
     is amended by adding at the end the following new item:

``1785. Care and services during certain disasters and emergencies.''.
       (b) Members of the Armed Forces on Active Duty.--Section 
     8111A(a) of such title is amended--
       (1) by redesignating paragraph (2) as paragraph (4);
       (2) by designating the second sentence of paragraph (1) as 
     paragraph (3); and
       (3) by inserting between paragraph (1) and paragraph (3), 
     as designated by paragraph (2) of this subsection, the 
     following new paragraph:
       ``(2)(A) During and immediately following a disaster or 
     emergency referred to in subparagraph (B), the Secretary may 
     furnish hospital care and medical services to members of the 
     Armed Forces on active duty responding to or involved in that 
     disaster or emergency.
       ``(B) A disaster or emergency referred to in this 
     subparagraph is any disaster or emergency as follows:
       ``(i) A major disaster or emergency declared by the 
     President under the Robert B. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       ``(ii) A disaster or emergency in which the National 
     Disaster Medical System established pursuant to section 
     2811(b) of the Public Health Service Act (42 U.S.C. 300hh-
     11(b)) is activated by the Secretary of Health and Human 
     Services under paragraph (3)(A) of that section or as 
     otherwise authorized by law.''.

     SEC. 5. INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF 
                   VETERANS AFFAIRS.

       (a) Increase.--Subsection (a) of section 308 of title 38, 
     United States Code, is amended by striking ``six'' in the 
     first sentence and inserting ``seven''.
       (b) Functions.--Subsection (b) of such section is amended 
     by adding at the end the following new paragraph:
       ``(11) Operations, preparedness, security, and law 
     enforcement functions.''.
       (c) Number of Deputy Assistant Secretaries.--Subsection 
     (d)(1) of such section is amended by striking ``18'' and 
     inserting ``19''.
       (d) Conforming Amendment.--Section 5315 of title 5, United 
     States Code, is amended by striking ``(6)'' after ``Assistant 
     Secretaries, Department of Veterans Affairs'' and inserting 
     ``(7)''.

     SEC. 6. CODIFICATION OF DUTIES OF SECRETARY OF VETERANS 
                   AFFAIRS RELATING TO EMERGENCY PREPAREDNESS.

       (a) In General.--(1) Subchapter I of chapter 81 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 8117. Emergency preparedness

       ``(a) Readiness of Department Medical Centers.--(1) The 
     Secretary shall take appropriate actions to provide for the 
     readiness of Department medical centers to protect the 
     patients and staff of such centers from chemical or 
     biological attack or otherwise to respond to such an attack 
     so as to enable such centers to fulfill their obligations as 
     part of the Federal response to public health emergencies.
       ``(2) Actions under paragraph (1) shall include--
       ``(A) the provision of decontamination equipment and 
     personal protection equipment at Department medical centers; 
     and
       ``(B) the provision of training in the use of such 
     equipment to staff of such centers.
       ``(b) Security at Department Medical and Research 
     Facilities.--(1) The Secretary shall take appropriate actions 
     to provide for the security of Department medical centers and 
     research facilities, including staff and patients at such 
     centers and facilities.
       ``(2) In taking actions under paragraph (1), the Secretary 
     shall take into account the results of the evaluation of the 
     security needs at Department medical centers and research 
     facilities required by section 154(b)(1) of the Public Health 
     Security and Bioterrorism Preparedness and Response Act of 
     2002 (Public Law 107-188; 116 Stat. 631), including the 
     results of such evaluation relating to the following needs:
       ``(A) Needs for the protection of patients and medical 
     staff during emergencies, including a chemical or biological 
     attack or other terrorist attack.
       ``(B) Needs, if any, for screening personnel engaged in 
     research relating to biological pathogens or agents, 
     including work associated with such research.
       ``(C) Needs for securing laboratories or other facilities 
     engaged in research relating to biological pathogens or 
     agents.
       ``(c) Tracking of Pharmaceuticals and Medical Supplies and 
     Equipment.--The Secretary shall develop and maintain a 
     centralized system for tracking the current location and 
     availability of pharmaceuticals, medical supplies, and 
     medical equipment throughout the Department health care 
     system in order to permit the ready identification and 
     utilization of such pharmaceuticals, supplies, and equipment 
     for a variety of purposes, including response to a chemical 
     or biological attack or other terrorist attack.
       ``(d) Training.--The Secretary shall ensure that the 
     Department medical centers, in consultation with the 
     accredited medical school affiliates of such medical centers, 
     develop and implement curricula to train resident physicians 
     and health care personnel in medical matters relating to 
     biological, chemical, or radiological attacks or attacks from 
     an incendiary or other explosive weapon.
       ``(e) Participation in National Disaster Medical System.--
     (1) The Secretary shall establish and maintain a training 
     program to facilitate the participation of the staff of 
     Department medical centers, and of the community partners of 
     such centers, in the National Disaster Medical System 
     established pursuant to section 2811(b) of the Public Health 
     Service Act (42 U.S.C. 300hh-11(b)).
       ``(2) The Secretary shall establish and maintain the 
     training program under paragraph (1) in accordance with the 
     recommendations of the working group on the prevention, 
     preparedness, and response to bioterrorism and other public 
     health emergencies established under section 319F(a) of the 
     Public Health Service Act (42 U.S.C. 247d-6(a)).
       ``(3) The Secretary shall establish and maintain the 
     training program under paragraph (1) in consultation with the 
     following:
       ``(A) The Secretary of Defense.
       ``(B) The Secretary of Health and Human Services.
       ``(C) The Director of the Federal Emergency Management 
     Agency.
       ``(f) Mental Health Counseling.--(1) With respect to 
     activities conducted by personnel serving at Department 
     medical centers, the Secretary shall develop and maintain 
     various strategies for providing mental health counseling and 
     assistance, including counseling and assistance for post-
     traumatic stress disorder, following a bioterrorist attack or 
     other public health emergency to the following persons:
       ``(A) Veterans.
       ``(B) Local and community emergency response providers.
       ``(C) Active duty military personnel.
       ``(D) Individuals seeking care at Department medical 
     centers.
       ``(2) The strategies under paragraph (1) shall include the 
     following:
       ``(A) Training and certification of providers of mental 
     health counseling and assistance.
       ``(B) Mechanisms for coordinating the provision of mental 
     health counseling and assistance to emergency response 
     providers referred to in paragraph (1).
       ``(3) The Secretary shall develop and maintain the 
     strategies under paragraph (1) in consultation with the 
     Secretary of Health and Human Services, the American Red 
     Cross, and the working group referred to in subsection 
     (e)(2).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     8116 the following new item:

``8117. Emergency preparedness.''.
       (b) Repeal of Codified Provisions.--Subsections (a), 
     (b)(2), (c), (d), (e), and (f) of section 154 of the Public 
     Health Security and Bioterrorism Preparedness and Response 
     Act of 2002 (Public Law 107-188; 38 U.S.C. note prec. 8101) 
     are repealed.
       (c) Conforming Amendments.--Subsection (g) of such section 
     is amended--
       (1) in paragraph (1), by inserting ``of section 8117 of 
     title 38, United States Code'' after ``subsection (a)''; and
       (2) in paragraph (2), by striking ``subsections (b) through 
     (f)'' and inserting ``subsection (b)(1) of this section and 
     subsections

[[Page S10455]]

     (b) through (f) of section 8117 of title 38, United States 
     Code''.
                                 ______
                                 
  SA 4884. Mr. DASCHLE (for Mr. Rockefeller) proposed an amendment to 
the bill H.R. 4015, to amend title 38, United States Code, to revise 
and improve employment, training, and placement services furnished to 
veterans, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the ``Jobs for 
     Veterans Act''.
       (b) References to Title 38, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 38, United States Code.

     SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF 
                   LABOR JOB TRAINING PROGRAMS.

       (a) Veterans' Job Training Assistance.--(1) Chapter 42 is 
     amended by adding at the end the following new section:

     ``Sec. 4215. Priority of service for veterans in Department 
       of Labor job training programs

       ``(a) Definitions.--In this section:
       ``(1) The term `covered person' means any of the following 
     individuals:
       ``(A) A veteran.
       ``(B) The spouse of any of the following individuals:
       ``(i) Any veteran who died of a service-connected 
     disability.
       ``(ii) Any member of the Armed Forces serving on active 
     duty who, at the time of application for assistance under 
     this section, is listed, pursuant to section 556 of title 37 
     and regulations issued thereunder, by the Secretary concerned 
     in one or more of the following categories and has been so 
     listed for a total of more than 90 days: (I) missing in 
     action, (II) captured in line of duty by a hostile force, or 
     (III) forcibly detained or interned in line of duty by a 
     foreign government or power.
       ``(iii) Any veteran who has a total disability resulting 
     from a service-connected disability.
       ``(iv) Any veteran who died while a disability so evaluated 
     was in existence.
       ``(2) The term `qualified job training program' means any 
     workforce preparation, development, or delivery program or 
     service that is directly funded, in whole or in part, by the 
     Department of Labor and includes the following:
       ``(A) Any such program or service that uses technology to 
     assist individuals to access workforce development programs 
     (such as job and training opportunities, labor market 
     information, career assessment tools, and related support 
     services).
       ``(B) Any such program or service under the public 
     employment service system, one-stop career centers, the 
     Workforce Investment Act of 1998, a demonstration or other 
     temporary program, and those programs implemented by States 
     or local service providers based on Federal block grants 
     administered by the Department of Labor.
       ``(C) Any such program or service that is a workforce 
     development program targeted to specific groups.
       ``(3) The term `priority of service' means, with respect to 
     any qualified job training program, that a covered person 
     shall be given priority over nonveterans for the receipt of 
     employment, training, and placement services provided under 
     that program, notwithstanding any other provision of law.
       ``(b) Entitlement to Priority of Service.--(1) A covered 
     person is entitled to priority of service under any qualified 
     job training program if the person otherwise meets the 
     eligibility requirements for participation in such program.
       ``(2) The Secretary of Labor may establish priorities among 
     covered persons for purposes of this section to take into 
     account the needs of disabled veterans and special disabled 
     veterans, and such other factors as the Secretary determines 
     appropriate.
       ``(c) Administration of Programs at State and Local 
     Levels.--An entity of a State or a political subdivision of 
     the State that administers or delivers services under a 
     qualified job training program shall--
       ``(1) provide information and priority of service to 
     covered persons regarding benefits and services that may be 
     obtained through other entities or service providers; and
       ``(2) ensure that each covered person who applies to or who 
     is assisted by such a program is informed of the employment-
     related rights and benefits to which the person is entitled 
     under this section.
       ``(d) Addition to Annual Report.--In the annual report 
     required under section 4107(c) of this title for the program 
     year beginning in 2003 and each subsequent program year, the 
     Secretary of Labor shall evaluate whether covered persons are 
     receiving priority of service and are being fully served by 
     qualified job training programs, and whether the 
     representation of veterans in such programs is in proportion 
     to the incidence of representation of veterans in the labor 
     market, including within groups that the Secretary may 
     designate for priority under such programs, if any.''.
       (2) The table of sections at the beginning of chapter 42 is 
     amended by inserting after the item relating to section 4214 
     the following new item:

``4215. Priority of service for veterans in Department of Labor job 
              training programs.''.
       (b) Employment of Veterans With Respect to Federal 
     Contracts.--(1) Section 4212(a) is amended to read as 
     follows:
       ``(a)(1) Any contract in the amount of $100,000 or more 
     entered into by any department or agency of the United States 
     for the procurement of personal property and nonpersonal 
     services (including construction) for the United States, 
     shall contain a provision requiring that the party 
     contracting with the United States take affirmative action to 
     employ and advance in employment qualified covered veterans. 
     This section applies to any subcontract in the amount of 
     $100,000 or more entered into by a prime contractor in 
     carrying out any such contract.
       ``(2) In addition to requiring affirmative action to employ 
     such qualified covered veterans under such contracts and 
     subcontracts and in order to promote the implementation of 
     such requirement, the Secretary of Labor shall prescribe 
     regulations requiring that--
       ``(A) each such contractor for each such contract shall 
     immediately list all of its employment openings with the 
     appropriate employment service delivery system (as defined in 
     section 4101(7) of this title), and may also list such 
     openings with one-stop career centers under the Workforce 
     Investment Act of 1998, other appropriate service delivery 
     points, or America's Job Bank (or any additional or 
     subsequent national electronic job bank established by the 
     Department of Labor), except that the contractor may exclude 
     openings for executive and senior management positions and 
     positions which are to be filled from within the contractor's 
     organization and positions lasting three days or less;
       ``(B) each such employment service delivery system shall 
     give such qualified covered veterans priority in referral to 
     such employment openings; and
       ``(C) each such employment service delivery system shall 
     provide a list of such employment openings to States, 
     political subdivisions of States, or any private entities or 
     organizations under contract to carry out employment, 
     training, and placement services under chapter 41 of this 
     title.
       ``(3) In this section:
       ``(A) The term `covered veteran' means any of the following 
     veterans:
       ``(i) Disabled veterans.
       ``(ii) Veterans who served on active duty in the Armed 
     Forces during a war or in a campaign or expedition for which 
     a campaign badge has been authorized.
       ``(iii) Veterans who, while serving on active duty in the 
     Armed Forces, participated in a United States military 
     operation for which an Armed Forces service medal was awarded 
     pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
       ``(iv) Recently separated veterans.
       ``(B) The term `qualified', with respect to an employment 
     position, means having the ability to perform the essential 
     functions of the position with or without reasonable 
     accommodation for an individual with a disability.''.
       (2)(A) Section 4212(c) is amended--
       (i) by striking ``suitable''; and
       (ii) by striking ``subsection (a)(2) of this section'' and 
     inserting ``subsection (a)(2)(B)''.
       (B) Section 4212(d)(1) is amended--
       (i) in the matter preceding subparagraph (A), by striking 
     ``of this section'' after ``subsection (a)''; and
       (ii) by amending subparagraphs (A) and (B) to read as 
     follows:
       ``(A) the number of employees in the workforce of such 
     contractor, by job category and hiring location, and the 
     number of such employees, by job category and hiring 
     location, who are qualified covered veterans;
       ``(B) the total number of new employees hired by the 
     contractor during the period covered by the report and the 
     number of such employees who are qualified covered veterans; 
     and''.
       (C) Section 4212(d)(2) is amended by striking ``of this 
     subsection'' after ``paragraph (1)''.
       (D) Section 4211(6) is amended by striking ``one-year 
     period'' and inserting ``three-year period''.
       (3) The amendments made by this subsection shall apply with 
     respect to contracts entered into on or after the first day 
     of the first month that begins 12 months after the date of 
     the enactment of this Act.
       (c) Employment Within the Federal Government.--(1) Section 
     4214(a)(1) is amended--
       (A) in the first sentence, by striking ``life'' and all 
     that follows and inserting ``life.''; and
       (B) in the second sentence, by striking ``major'' and 
     inserting ``uniquely qualified''.
       (2) Section 4214(b) is amended--
       (A) in paragraph (1), by striking ``readjustment'' and 
     inserting ``recruitment'';
       (B) in paragraph (2), by striking ``to--'' and all that 
     follows through the period at the end and inserting ``to 
     qualified covered veterans.'';
       (C) in paragraph (3), to read as follows:
       ``(3) A qualified covered veteran may receive such an 
     appointment at any time.''.
       (3)(A) Section 4214(a) is amended--
       (i) in the third sentence of paragraph (1), by striking 
     ``disabled veterans and certain veterans of the Vietnam era 
     and of the post-Vietnam era'' and inserting ``qualified 
     covered veterans (as defined in paragraph (2)(B))''; and
       (ii) in paragraph (2), to read as follows:
       ``(2) In this section:
       ``(A) The term `agency' has the meaning given the term 
     `department or agency' in section 4211(5) of this title.

[[Page S10456]]

       ``(B) The term `qualified covered veteran' means a veteran 
     described in section 4212(a)(3) of this title.''.
       (B) Clause (i) of section 4214(e)(2)(B) is amended by 
     striking ``of the Vietnam era''.
       (C) Section 4214(g) is amended--
       (i) by striking ``qualified'' the first place it occurs and 
     all that follows through ``era'' the first place it occurs 
     and inserting ``qualified covered veterans''; and
       (ii) by striking ``under section 1712A of this title'' and 
     all that follows and inserting ``under section 1712A of this 
     title.''.
       (4) The amendments made by this subsection shall apply to 
     qualified covered veterans without regard to any limitation 
     relating to the date of the veteran's last discharge or 
     release from active duty that may have otherwise applied 
     under section 4214(b)(3) as in effect on the date before the 
     date of the enactment of this Act.

     SEC. 3. FINANCIAL AND NON-FINANCIAL PERFORMANCE INCENTIVE 
                   AWARDS FOR QUALITY VETERANS EMPLOYMENT, 
                   TRAINING, AND PLACEMENT SERVICES.

       (a) Performance Incentive Awards for Quality Employment, 
     Training, and Placement Services.--Chapter 41 is amended by 
     adding at the end the following new section:

     ``Sec. 4112. Performance incentive awards for quality 
       employment, training, and placement services

       ``(a) Criteria for Performance Incentive Awards.--(1) For 
     purposes of carrying out a program of performance incentive 
     awards under section 4102A(c)(2)(A)(i)(III) of this title, 
     the Secretary, acting through the Assistant Secretary of 
     Labor for Veterans' Employment and Training, shall establish 
     criteria for performance incentive awards programs to be 
     administered by States to--
       ``(A) encourage the improvement and modernization of 
     employment, training, and placement services provided under 
     this chapter; and
       ``(B) recognize eligible employees for excellence in the 
     provision of such services or for having made demonstrable 
     improvements in the provision of such services.
       ``(2) The Secretary shall establish such criteria in 
     consultation with representatives of States, political 
     subdivisions of States, and other providers of employment, 
     training, and placement services under the Workforce 
     Investment Act of 1998 consistent with the performance 
     measures established under section 4102A(b)(7) of this title.
       ``(b) Form of Awards.--Under the criteria established by 
     the Secretary for performance incentive awards to be 
     administered by States, an award under such criteria may be a 
     cash award or such other nonfinancial awards as the Secretary 
     may specify.
       ``(c) Relationship of Award to Grant Program and Employee 
     Compensation.--Performance incentive cash awards under this 
     section--
       ``(1) shall be made from amounts allocated from the grant 
     or contract amount for a State for a program year under 
     section 4102A(c)(7) of this title; and
       ``(2) is in addition to the regular pay of the recipient.
       ``(d) Eligible Employee Defined.--In this section, the term 
     `eligible employee' means any of the following:
       ``(1) A disabled veterans' outreach program specialist.
       ``(2) A local veterans' employment representative.
       ``(3) An individual providing employment, training, and 
     placement services to veterans under the Workforce Investment 
     Act of 1998 or through an employment service delivery system 
     (as defined in section 4101(7) of this title).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 41 is amended by adding at the end the 
     following new item:

``4112. Performance incentive awards for quality employment, training, 
              and placement services.''.

     SEC. 4. REFINEMENT OF JOB TRAINING AND PLACEMENT FUNCTIONS OF 
                   THE DEPARTMENT.

       (a) Revision of Department Level Senior Officials and 
     Functions.--(1) Sections 4102A and 4103 are amended to read 
     as follows:

     ``Sec. 4102A. Assistant Secretary of Labor for Veterans' 
       Employment and Training; program functions; Regional 
       Administrators

       ``(a) Establishment of Position of Assistant Secretary of 
     Labor for Veterans' Employment and Training.--(1) There is 
     established within the Department of Labor an Assistant 
     Secretary of Labor for Veterans' Employment and Training, 
     appointed by the President by and with the advice and consent 
     of the Senate, who shall formulate and implement all 
     departmental policies and procedures to carry out (A) the 
     purposes of this chapter, chapter 42, and chapter 43 of this 
     title, and (B) all other Department of Labor employment, 
     unemployment, and training programs to the extent they affect 
     veterans.
       ``(2) The employees of the Department of Labor 
     administering chapter 43 of this title shall be 
     administratively and functionally responsible to the 
     Assistant Secretary of Labor for Veterans' Employment and 
     Training.
       ``(3)(A) There shall be within the Department of Labor a 
     Deputy Assistant Secretary of Labor for Veterans' Employment 
     and Training. The Deputy Assistant Secretary shall perform 
     such functions as the Assistant Secretary of Labor for 
     Veterans' Employment and Training prescribes.
       ``(B) No individual may be appointed as a Deputy Assistant 
     Secretary of Labor for Veterans' Employment and Training 
     unless the individual has at least five years of service in a 
     management position as an employee of the Federal civil 
     service or comparable service in a management position in the 
     Armed Forces. For purposes of determining such service of an 
     individual, there shall be excluded any service described in 
     subparagraphs (A), (B), and (C) of section 308(d)(2) of this 
     title.
       ``(b) Program Functions.--The Secretary shall carry out the 
     following functions:
       ``(1) Except as expressly provided otherwise, carry out all 
     provisions of this chapter and chapter 43 of this title 
     through the Assistant Secretary of Labor for Veterans' 
     Employment and Training and administer through such Assistant 
     Secretary all programs under the jurisdiction of the 
     Secretary for the provision of employment and training 
     services designed to meet the needs of all veterans and 
     persons eligible for services furnished under this chapter.
       ``(2) In order to make maximum use of available resources 
     in meeting such needs, encourage all such programs, and all 
     grantees and contractors under such programs to enter into 
     cooperative arrangements with private industry and business 
     concerns (including small business concerns owned by veterans 
     or disabled veterans), educational institutions, trade 
     associations, and labor unions.
       ``(3) Ensure that maximum effectiveness and efficiency are 
     achieved in providing services and assistance to eligible 
     veterans under all such programs by coordinating and 
     consulting with the Secretary of Veterans Affairs with 
     respect to (A) programs conducted under other provisions of 
     this title, with particular emphasis on coordination of such 
     programs with readjustment counseling activities carried out 
     under section 1712A of this title, apprenticeship or other 
     on-the-job training programs carried out under section 3687 
     of this title, and rehabilitation and training activities 
     carried out under chapter 31 of this title and (B) 
     determinations covering veteran population in a State.
       ``(4) Ensure that employment, training, and placement 
     activities are carried out in coordination and cooperation 
     with appropriate State public employment service officials.
       ``(5) Subject to subsection (c), make available for use in 
     each State by grant or contract such funds as may be 
     necessary to support--
       ``(A) disabled veterans' outreach program specialists 
     appointed under section 4103A(a)(1) of this title,
       ``(B) local veterans' employment representatives assigned 
     under section 4104(b) of this title, and
       ``(C) the reasonable expenses of such specialists and 
     representatives described in subparagraphs (A) and (B), 
     respectively, for training, travel, supplies, and other 
     business expenses, including travel expenses and per diem for 
     attendance at the National Veterans' Employment and Training 
     Services Institute established under section 4109 of this 
     title.
       ``(6) Monitor and supervise on a continuing basis the 
     distribution and use of funds provided for use in the States 
     under paragraph (5).
       ``(7) Establish, and update as appropriate, a comprehensive 
     performance accountability system (as described in subsection 
     (f)) and carry out annual performance reviews of veterans 
     employment, training, and placement services provided through 
     employment service delivery systems, including through 
     disabled veterans' outreach program specialists and through 
     local veterans' employment representatives in States 
     receiving grants, contracts, or awards under this chapter.
       ``(c) Conditions for Receipt of Funds.--(1) The 
     distribution and use of funds under subsection (b)(5) in 
     order to carry out sections 4103A(a) and 4104(a) of this 
     title shall be subject to the continuing supervision and 
     monitoring of the Secretary and shall not be governed by the 
     provisions of any other law, or any regulations prescribed 
     thereunder, that are inconsistent with this section or 
     section 4103A or 4104 of this title.
       ``(2)(A) A State shall submit to the Secretary an 
     application for a grant or contract under subsection (b)(5). 
     The application shall contain the following information:
       ``(i) A plan that describes the manner in which the State 
     shall furnish employment, training, and placement services 
     required under this chapter for the program year, including a 
     description of--
       ``(I) duties assigned by the State to disabled veterans' 
     outreach program specialists and local veterans' employment 
     representatives consistent with the requirements of sections 
     4103A and 4104 of this title;
       ``(II) the manner in which such specialists and 
     representatives are integrated in the employment service 
     delivery systems in the State; and
       ``(III) the program of performance incentive awards 
     described in section 4112 of this title in the State for the 
     program year.
       ``(ii) The veteran population to be served.
       ``(iii) Such additional information as the Secretary may 
     require to make a determination with respect to awarding a 
     grant or contract to the State.
       ``(B)(i) Subject to the succeeding provisions of this 
     subparagraph, of the amount available under subsection (b)(5) 
     for a fiscal year, the Secretary shall make available to each 
     State with an application approved by

[[Page S10457]]

     the Secretary an amount of funding in proportion to the 
     number of veterans seeking employment using such criteria as 
     the Secretary may establish in regulation, including civilian 
     labor force and unemployment data, for the State on an annual 
     basis. The proportion of funding shall reflect the ratio of--
       ``(I) the total number of veterans residing in the State 
     that are seeking employment; to
       ``(II) the total number of veterans seeking employment in 
     all States.
       ``(ii) The Secretary shall phase in over the three fiscal-
     year period that begins on October 1, 2002, the manner in 
     which amounts are made available to States under subsection 
     (b)(5) and this subsection, as amended by the Jobs for 
     Veterans Act.
       ``(iii) In carrying out this paragraph, the Secretary may 
     establish minimum funding levels and hold-harmless criteria 
     for States.
       ``(3)(A)(i) As a condition of a grant or contract under 
     this section for a program year, in the case of a State that 
     the Secretary determines has an entered-employment rate for 
     veterans that is deficient for the preceding program year, 
     the State shall develop a corrective action plan to improve 
     that rate for veterans in the State.
       ``(ii) The State shall submit the corrective action plan to 
     the Secretary for approval, and if approved, shall 
     expeditiously implement the plan.
       ``(iii) If the Secretary does not approve a corrective 
     action plan submitted by the State under clause (i), the 
     Secretary shall take such steps as may be necessary to 
     implement corrective actions in the State to improve the 
     entered-employment rate for veterans in that State.
       ``(B) To carry out subparagraph (A), the Secretary shall 
     establish in regulations a uniform national threshold 
     entered-employment rate for veterans for a program year by 
     which determinations of deficiency may be made under 
     subparagraph (A).
       ``(C) In making a determination with respect to a 
     deficiency under subparagraph (A), the Secretary shall take 
     into account the applicable annual unemployment data for the 
     State and consider other factors, such as prevailing economic 
     conditions, that affect performance of individuals providing 
     employment, training, and placement services in the State.
       ``(4) In determining the terms and conditions of a grant or 
     contract under which funds are made available to a State in 
     order to carry out section 4103A or 4104 of this title, the 
     Secretary shall take into account--
       ``(A) the results of reviews, carried out pursuant to 
     subsection (b)(7), of the performance of the employment, 
     training, and placement service delivery system in the State, 
     and
       ``(B) the monitoring carried out under this section.
       ``(5) Each grant or contract by which funds are made 
     available to a State shall contain a provision requiring the 
     recipient of the funds--
       ``(A) to comply with the provisions of this chapter; and
       ``(B) on an annual basis, to notify the Secretary of, and 
     provide supporting rationale for, each nonveteran who is 
     employed as a disabled veterans' outreach program specialist 
     and local veterans' employment representative for a period in 
     excess of 6 months.
       ``(6) Each State shall coordinate employment, training, and 
     placement services furnished to veterans and eligible persons 
     under this chapter with such services furnished with respect 
     to such veterans and persons under the Workforce Investment 
     Act of 1998 and the Wagner-Peyser Act.
       ``(7) With respect to program years beginning during or 
     after fiscal year 2004, one percent of the amount of a grant 
     or contract under which funds are made available to a State 
     in order to carry out section 4103A or 4104 of this title for 
     the program year shall be for the purposes of making cash 
     awards under the program of performance incentive awards 
     described in section 4112 of this title in the State.
       ``(d) Participation in Other Federally Funded Job Training 
     Programs.--The Assistant Secretary of Labor for Veterans' 
     Employment and Training shall promote and monitor 
     participation of qualified veterans and eligible persons in 
     employment and training opportunities under title I of the 
     Workforce Investment Act of 1998 and other federally funded 
     employment and training programs.
       ``(e) Regional Administrators.--(1) The Secretary shall 
     assign to each region for which the Secretary operates a 
     regional office a representative of the Veterans' Employment 
     and Training Service to serve as the Regional Administrator 
     for Veterans' Employment and Training in such region.
       ``(2) Each such Regional Administrator shall carry out such 
     duties as the Secretary may require to promote veterans 
     employment and reemployment within the region that the 
     Administrator serves.
       ``(f) Establishment of Performance Standards and Outcomes 
     Measures.--(1) By not later than 6 months after the date of 
     the enactment of this section, the Assistant Secretary of 
     Labor for Veterans' Employment and Training shall establish 
     and implement a comprehensive performance accountability 
     system to measure the performance of employment service 
     delivery systems, including disabled veterans' outreach 
     program specialists and local veterans' employment 
     representatives providing employment, training, and placement 
     services under this chapter in a State to provide 
     accountability of that State to the Secretary for purposes of 
     subsection (c).
       ``(2) Such standards and measures shall--
       ``(A) be consistent with State performance measures 
     applicable under section 136(b) of the Workforce Investment 
     Act of 1998; and
       ``(B) be appropriately weighted to provide special 
     consideration for placement of (i) veterans requiring 
     intensive services (as defined in section 4101(9) of this 
     title), such as special disabled veterans and disabled 
     veterans, and (ii) veterans who enroll in readjustment 
     counseling under section 1712A of this title.
       ``(g) Authority to Provide Technical Assistance to 
     States.--The Secretary may provide such technical assistance 
     as the Secretary determines appropriate to any State that the 
     Secretary determines has, or may have, an entered-employment 
     rate in the State that is deficient, as determined under 
     subsection (c)(3) with respect to a program year, including 
     assistance in the development of a corrective action plan 
     under that subsection.

     ``Sec. 4103. Directors and Assistant Directors for Veterans' 
       Employment and Training; additional Federal personnel

       ``(a) Directors and Assistant Directors.--(1) The Secretary 
     shall assign to each State a representative of the Veterans' 
     Employment and Training Service to serve as the Director for 
     Veterans' Employment and Training, and shall assign full-time 
     Federal clerical or other support personnel to each such 
     Director.
       ``(2) Each Director for Veterans' Employment and Training 
     for a State shall, at the time of appointment, have been a 
     bona fide resident of the State for at least two years.
       ``(3) Full-time Federal clerical or other support personnel 
     assigned to Directors for Veterans' Employment and Training 
     shall be appointed in accordance with the provisions of title 
     5 governing appointments in the competitive service and shall 
     be paid in accordance with the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5.
       ``(b) Additional Federal Personnel.--The Secretary may also 
     assign as supervisory personnel such representatives of the 
     Veterans' Employment and Training Service as the Secretary 
     determines appropriate to carry out the employment, training, 
     and placement services required under this chapter, including 
     Assistant Directors for Veterans' Employment and Training.''.
       (2) The items relating to sections 4102A and 4103, 
     respectively, in the table of sections at the beginning of 
     chapter 41 are amended to read as follows:

``4102A. Assistant Secretary of Labor for Veterans' Employment and 
              Training; program functions; Regional Administrators.
``4103. Directors and Assistant Directors for Veterans' Employment and 
              Training; additional Federal personnel.''.

       (3)(A)(i) Section 4104A is repealed.
       (ii) The table of sections at the beginning of chapter 41 
     is amended by striking the item relating to section 4104A.
       (B) Section 4107(b) is amended by striking ``The Secretary 
     shall establish definitive performance standards'' and 
     inserting ``The Secretary shall apply performance standards 
     established under section 4102A(f) of this title''.
       (4) The amendments made by this subsection shall take 
     effect on the date of the enactment of this Act, and apply 
     for program and fiscal years under chapter 41 of title 38, 
     United States Code, beginning on or after such date.
       (b) Revision of Statutorily Defined Duties of Disabled 
     Veterans' Outreach Program Specialists and Local Veterans' 
     Employment Representatives.--(1) Section 4103A is amended by 
     striking all after the heading and inserting the following:
       ``(a) Requirement for Employment by States of a Sufficient 
     Number of Specialists.--(1) Subject to approval by the 
     Secretary, a State shall employ such full- or part-time 
     disabled veterans' outreach program specialists as the State 
     determines appropriate and efficient to carry out intensive 
     services under this chapter to meet the employment needs of 
     eligible veterans with the following priority in the 
     provision of services:
       ``(A) Special disabled veterans.
       ``(B) Other disabled veterans.
       ``(C) Other eligible veterans in accordance with priorities 
     determined by the Secretary taking into account applicable 
     rates of unemployment and the employment emphases set forth 
     in chapter 42 of this title.
       ``(2) In the provision of services in accordance with this 
     subsection, maximum emphasis in meeting the employment needs 
     of veterans shall be placed on assisting economically or 
     educationally disadvantaged veterans.
       ``(b) Requirement for Qualified Veterans.--A State shall, 
     to the maximum extent practicable, employ qualified veterans 
     to carry out the services referred to in subsection (a). 
     Preference shall be given in the appointment of such 
     specialists to qualified disabled veterans.''.
       (2) Section 4104 is amended by striking all after the 
     heading and inserting the following:
       ``(a) Requirement for Employment by States of a Sufficient 
     Number of Representatives.--Subject to approval by the 
     Secretary, a State shall employ such full- and part-time 
     local veterans' employment

[[Page S10458]]

     representatives as the State determines appropriate and 
     efficient to carry out employment, training, and placement 
     services under this chapter.
       ``(b) Principal Duties.--As principal duties, local 
     veterans' employment representatives shall--
       ``(1) conduct outreach to employers in the area to assist 
     veterans in gaining employment, including conducting seminars 
     for employers and, in conjunction with employers, conducting 
     job search workshops and establishing job search groups; and
       ``(2) facilitate employment, training, and placement 
     services furnished to veterans in a State under the 
     applicable State employment service delivery systems.
       ``(c) Requirement for Qualified Veterans and Eligible 
     Persons.--A State shall, to the maximum extent practicable, 
     employ qualified veterans or eligible persons to carry out 
     the services referred to in subsection (a). Preference shall 
     be accorded in the following order:
       ``(1) To qualified service-connected disabled veterans.
       ``(2) If no veteran described in paragraph (1) is 
     available, to qualified eligible veterans.
       ``(3) If no veteran described in paragraph (1) or (2) is 
     available, then to qualified eligible persons.
       ``(d) Reporting.--Each local veterans' employment 
     representative shall be administratively responsible to the 
     manager of the employment service delivery system and shall 
     provide reports, not less frequently than quarterly, to the 
     manager of such office and to the Director for Veterans' 
     Employment and Training for the State regarding compliance 
     with Federal law and regulations with respect to special 
     services and priorities for eligible veterans and eligible 
     persons.''.
       (3) The amendments made by this subsection shall take 
     effect on the date of the enactment of this Act, and apply 
     for program years under chapter 41 of title 38, United States 
     Code, beginning on or after such date.
       (c) Requirement To Promptly Establish One-Stop Employment 
     Services.--By not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Labor shall provide 
     one-stop services and assistance to covered persons 
     electronically by means of the Internet, as defined in 
     section 231(e)(3) of the Communications Act of 1934, and such 
     other electronic means to enhance the delivery of such 
     services and assistance.
       (d) Requirement for Budget Line Item for Training Services 
     Institute.--(1) The last sentence of section 4106(a) is 
     amended to read as follows: ``Each budget submission with 
     respect to such funds shall include a separate listing of the 
     amount for the National Veterans' Employment and Training 
     Services Institute together with information demonstrating 
     the compliance of such budget submission with the funding 
     requirements specified in the preceding sentence.''.
       (2) The amendment made by paragraph (1) shall take effect 
     on the date of the enactment of this Act, and apply to budget 
     submissions for fiscal year 2004 and each subsequent fiscal 
     year.
       (e) Conforming Amendments.--(1) Section 4107(c)(5) is 
     amended by striking ``(including the need'' and all that 
     follows through ``representatives)''.
       (2) Section 3117(a)(2)(B) is amended to read as follows:
       ``(B) utilization of employment, training, and placement 
     services under chapter 41 of this title; and''.

     SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EMPLOYMENT AND 
                   TRAINING SERVICES.

       (a) Inclusion of Intensive Services.--(1)(A) Section 4101 
     is amended by adding at the end the following new paragraph:
       ``(9) The term `intensive services' means local employment 
     and training services of the type described in section 
     134(d)(3) of the Workforce Investment Act of 1998.''.
       (B) Section 4102 is amended by striking ``job and job 
     training counseling service program,'' and inserting ``job 
     and job training intensive services program,''.
       (C) Section 4106(a) is amended by striking ``proper 
     counseling'' and inserting ``proper intensive services''.
       (D) Section 4107(a) is amended by striking ``employment 
     counseling services'' and inserting ``intensive services''.
       (E) Section 4107(c)(1) is amended by striking ``the number 
     counseled'' and inserting ``the number who received intensive 
     services''.
       (F) Section 4109(a) is amended by striking ``counseling,'' 
     each place it appears and inserting ``intensive services,''.
       (2) The amendments made by paragraph (1) shall take effect 
     on the date of the enactment of this Act.
       (b) Additional VETS Duty To Implement Transitions to 
     Civilian Careers.--(1)(A) Section 4102 is amended by striking 
     the period and inserting ``, including programs carried out 
     by the Veterans' Employment and Training Service to implement 
     all efforts to ease the transition of servicemembers to 
     civilian careers that are consistent with, or an outgrowth 
     of, the military experience of the servicemembers.''.
       (B) Such section is further amended by striking ``and 
     veterans of the Vietnam era'' and inserting ``and veterans 
     who served on active duty during a war or in a campaign or 
     expedition for which a campaign badge has been authorized''.
       (2) The amendments made by paragraph (1) shall take effect 
     on the date of the enactment of this Act.
       (c) Modernization of Employment Service Delivery Points To 
     Include Technological Innovations.--(1) Section 4101(7) is 
     amended to read as follows:
       ``(7) The term `employment service delivery system' means a 
     service delivery system at which or through which labor 
     exchange services, including employment, training, and 
     placement services, are offered in accordance with the 
     Wagner-Peyser Act.''.
       (2) The amendments made by paragraph (1) shall take effect 
     on the date of the enactment of this Act.
       (d) Increase in Accuracy of Reporting Services Furnished to 
     Veterans.--(1)(A) Section 4107(c)(1) is amended--
       (i) by striking ``veterans of the Vietnam era,''; and
       (ii) by striking ``and eligible persons who registered for 
     assistance with'' and inserting ``eligible persons, recently 
     separated veterans (as defined in section 4211(6) of this 
     title), and servicemembers transitioning to civilian careers 
     who registered for assistance with, or who are identified as 
     veterans by,''.
       (B) Section 4107(c)(2) is amended--
       (i) by striking ``the job placement rate'' the first place 
     it appears and inserting ``the rate of entered employment (as 
     determined in a manner consistent with State performance 
     measures applicable under section 136(b) of the Workforce 
     Investment Act of 1998)''; and
       (ii) by striking ``the job placement rate'' the second 
     place it appears and inserting ``such rate of entered 
     employment (as so determined)''.
       (C) Section 4107(c)(4) is amended by striking ``sections 
     4103A and 4104'' and inserting ``section 4212(d)''.
       (D) Section 4107(c) is amended--
       (i) by striking ``and'' at the end of paragraph (4);
       (ii) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(6) a report on the operation during the preceding 
     program year of the program of performance incentive awards 
     for quality employment services under section 4112 of this 
     title.''.
       (E) Section 4107(b), as amended by section 4(a)(3)(B), is 
     further amended by striking the second sentence and inserting 
     the following: ``Not later than February 1 of each year, the 
     Secretary shall report to the Committees on Veterans' Affairs 
     of the Senate and the House of Representatives on the 
     performance of States and organizations and entities carrying 
     out employment, training, and placement services under this 
     chapter, as measured under subsection (b)(7) of section 4102A 
     of this title. In the case of a State that the Secretary 
     determines has not met the minimum standard of performance 
     (established by the Secretary under subsection (f) of such 
     section), the Secretary shall include an analysis of the 
     extent and reasons for the State's failure to meet that 
     minimum standard, together with the State's plan for 
     corrective action during the succeeding year.''.
       (2) The amendments made by paragraph (1) shall apply to 
     reports for program years beginning on or after July 1, 2003.
       (e) Clarification of Authority of NVETSI To Provide 
     Training for Personnel of Other Departments and Agencies.--
     Section 4109 is amended by adding at the end the following 
     new subsection:
       ``(c)(1) Nothing in this section shall be construed as 
     preventing the Institute to enter into contracts or 
     agreements with departments or agencies of the United States 
     or of a State, or with other organizations, to carry out 
     training of personnel of such departments, agencies, or 
     organizations in the provision of services referred to in 
     subsection (a).
       ``(2) All proceeds collected by the Institute under a 
     contract or agreement referred to in paragraph (1) shall be 
     applied to the applicable appropriation.''.

     SEC. 6. COMMITTEE TO RAISE EMPLOYER AWARENESS OF SKILLS OF 
                   VETERANS AND BENEFITS OF HIRING VETERANS.

       (a) Establishment of Committee.--There is established 
     within the Department of Labor a committee to be known as the 
     President's National Hire Veterans Committee (hereinafter in 
     this section referred to as the ``Committee'').
       (b) Duties.--The Committee shall establish and carry out a 
     national program to do the following:
       (1) To furnish information to employers with respect to the 
     training and skills of veterans and disabled veterans, and 
     the advantages afforded employers by hiring veterans with 
     such training and skills.
       (2) To facilitate employment of veterans and disabled 
     veterans through participation in America's Career Kit 
     national labor exchange, and other means.
       (c) Membership.--(1) The Secretary of Labor shall appoint 
     15 individuals to serve as members of the Committee, of whom 
     one shall be appointed from among representatives nominated 
     by each organization described in subparagraph (A) and of 
     whom eight shall be appointed from among representatives 
     nominated by organizations described in subparagraph (B).
       (A) Organizations described in this subparagraph are the 
     following:
       (i) The Ad Council.
       (ii) The National Committee for Employer Support of the 
     Guard and Reserve.
       (iii) Veterans' service organizations that have a national 
     employment program.
       (iv) State employment security agencies.
       (v) One-stop career centers.

[[Page S10459]]

       (vi) State departments of veterans affairs.
       (vii) Military service organizations.
       (B) Organizations described in this subparagraph are such 
     businesses, small businesses, industries, companies in the 
     private sector that furnish placement services, civic groups, 
     workforce investment boards, and labor unions as the 
     Secretary of Labor determines appropriate.
       (2) The following shall be ex officio, nonvoting members of 
     the Committee:
       (A) The Secretary of Veterans Affairs.
       (B) The Secretary of Defense.
       (C) The Assistant Secretary of Labor for Veterans' 
     Employment and Training.
       (D) The Administrator of the Small Business Administration.
       (E) The Postmaster General.
       (F) The Director of the Office of Personnel Management.
       (3) A vacancy in the Committee shall be filled in the 
     manner in which the original appointment was made.
       (d) Administrative Matters.--(1) The Committee shall meet 
     not less frequently than once each calendar quarter.
       (2) The Secretary of Labor shall appoint the chairman of 
     the Committee.
       (3)(A) Members of the Committee shall serve without 
     compensation.
       (B) Members of the Committee shall be allowed reasonable 
     and necessary travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for persons serving 
     intermittently in the Government service in accordance with 
     the provisions of subchapter I of chapter 57 of title 5 while 
     away from their homes or regular places of business in the 
     performance of the responsibilities of the Committee.
       (4) The Secretary of Labor shall provide staff and 
     administrative support to the Committee to assist it in 
     carrying out its duties under this section. The Secretary 
     shall assure positions on the staff of the Committee include 
     positions that are filled by individuals that are now, or 
     have ever been, employed as one of the following:
       (A) Staff of the Assistant Secretary of Labor for Veterans' 
     Employment and Training under section 4102A of title 38, 
     United States Code as in effect on the date of the enactment 
     of this Act.
       (B) Directors for Veterans' Employment and Training under 
     section 4103 of such title as in effect on such date.
       (C) Assistant Director for Veterans' Employment and 
     Training under such section as in effect on such date.
       (D) Disabled veterans' outreach program specialists under 
     section 4103A of such title as in effect on such date.
       (E) Local veterans' employment representatives under 
     section 4104 of such title as in effect on such date.
       (5) Upon request of the Committee, the head of any Federal 
     department or agency may detail, on a nonreimbursable basis, 
     any of the personnel of that department or agency to the 
     Committee to assist it in carrying out its duties.
       (6) The Committee may contract with and compensate 
     government and private agencies or persons to furnish 
     information to employers under subsection (b)(1) without 
     regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
       (e) Report.--Not later than December 31, 2003, 2004, and 
     2005, the Secretary of Labor shall submit to Congress a 
     report on the activities of the Committee under this section 
     during the previous fiscal year, and shall include in such 
     report data with respect to placement and retention of 
     veterans in jobs attributable to the activities of the 
     Committee.
       (f) Termination.--The Committee shall terminate 60 days 
     after submitting the report that is due on December 31, 2005.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Labor from the 
     employment security administration account (established in 
     section 901 of the Social Security Act (42 U.S.C. 1101)) in 
     the Unemployment Trust Fund $3,000,000 for each of fiscal 
     years 2003 through 2005 to carry out this section.

     SEC. 7. REPORT ON IMPLEMENTATION OF EMPLOYMENT REFORMS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the implementation by the Secretary 
     of Labor of the provisions of this Act during the program 
     years that begin during fiscal years 2003 and 2004. The study 
     shall include an assessment of the modifications under 
     sections 2 through 5 of this Act of the provisions of title 
     38, United States Code, and an evaluation of the impact of 
     those modifications, and of the actions of the President's 
     National Hire Veterans Committee under section 6 of this Act, 
     to the provision of employment, training, and placement 
     services provided to veterans under that title.
       (b) Report.--Not later than 6 months after the conclusion 
     of the program year that begins during fiscal year 2004, the 
     Comptroller General shall submit to Congress a report on the 
     study conducted under subsection (a). The report shall 
     include such recommendations as the Comptroller General 
     determines appropriate, including recommendations for 
     legislation or administrative action.
                                 ______
                                 
  SA 4885. Mr. DASCHLE (for Mr. Kennedy (for himself, Mr. Gregg, Mr. 
Edwards, Mr. Bingaman, Mrs. Murray, Mr. Reed, and Mr. Enzi) proposed an 
amendment to the bill H.R. 3801, to provide for improvement of Federal 
education research, statistics, evaluation, information, and 
dissemination, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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.

                       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--

[[Page S10460]]

       (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 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

[[Page S10461]]

       (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 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--

[[Page S10462]]

       (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
       (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

[[Page S10463]]

     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;
       (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

[[Page S10464]]

     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;
       (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

[[Page S10465]]

     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.

     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--

[[Page S10466]]

       (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 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

[[Page S10467]]

     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;
       (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

[[Page S10468]]

     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.
       (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,

[[Page S10469]]

     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, each member of the Board, 
     and the Commissioner for Education Statistics 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 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

[[Page S10470]]

     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.
       (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

[[Page S10471]]

     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.
       (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

[[Page S10472]]

     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.).

     SEC. 406. IMPACT AID.

       (a) Payments for Federally Connected Children.--Section 
     8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is 
     amended to read as follows:

       ``(bb) for a local educational agency that has a total 
     student enrollment of less than 350 students, has a per-pupil 
     expenditure that is less than the average per-pupil 
     expenditure of a comparable local education agency or three 
     comparable local educational agencies in the State in which 
     the local educational agency is located; and''.

       (b) Effective Date.--The amendment made by Section 406(a) 
     shall be effective on September 30, 2000, and shall apply 
     with respect to fiscal year 2001, and all subsequent fiscal 
     years.
       (c) Bonesteel-Fairfax School District.--The Secretary of 
     Education shall deem the local educational agency serving the 
     Bonesteel-Fairfax school district, 26-5, in Bonesteel, South 
     Dakota, as eligible in fiscal year 2003 for a basic support 
     payment for heavily impacted local educational agencies under 
     section 8003(b)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7703(b)(2)).
       (d) Central School District.--Notwithstanding any other 
     provision of law, the Secretary of Education shall treat as 
     timely filed an application filed by Central School District, 
     Sequoyah County, Oklahoma, for payment for federally 
     connected students for fiscal year 2003, pursuant to section 
     8003 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7703), and shall process such application for 
     payment, if the Secretary has received such application not 
     later than 30 days after the date of enactment of this Act.

                          ____________________