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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-404

======================================================================



 
 PROVIDING FOR IMPROVEMENT OF FEDERAL EDUCATION RESEARCH, STATISTICS, 
   EVALUATION, INFORMATION, AND DISSEMINATION, AND FOR OTHER PURPOSES

                                _______
                                

 April 11, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Boehner, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3801]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 3801) to provide for improvement of 
Federal education research, statistics, evaluation, 
information, and dissemination, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

                   TITLE I--EDUCATION SCIENCES REFORM

SEC. 101. SHORT TITLE.

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

SEC. 102. TABLE OF CONTENTS.

  The table of contents for this title is as follows:

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

                 Part A--Academy of Education Sciences

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

             Part B--National Center for Education Research

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

            Part C--National Center for Education Statistics

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

            Part D--National Center for Education Evaluation

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

                       Part E--General provisions

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

                 PART A--ACADEMY OF EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

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

SEC. 112. ORGANIZATION.

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

SEC. 113. FUNCTIONS.

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

SEC. 114. DELEGATION.

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

SEC. 115. OFFICE OF THE DIRECTOR.

  (a) Appointment.--The President, with the advice and consent of the 
Senate, shall appoint the Director of the Academy.
  (b) Term.--
          (1) In general.--The Director shall serve for a term of 6 
        years, beginning on the date of appointment of the Director, 
        but may be removed by the President prior to the expiration of 
        that term.
          (2) First director.--The President, without the advice and 
        consent of the Senate, may appoint the Assistant Secretary for 
        the Office of Educational Research and Improvement (as such 
        office existed on the day before the date of the enactment of 
        this Act) to serve as the Director of the Academy for a term 
        that ends on July 1, 2007.
          (3) Subsequent directors.--The Board may make recommendations 
        to the President with respect to the appointment of a Director, 
        except in such case as described in paragraph (2).
  (c) Pay.--The Director shall receive the rate of basic pay for level 
III of the Executive Schedule.
  (d) Qualifications.--The Director shall be selected from individuals 
who are highly qualified authorities in the fields of scientifically 
valid research, statistics, or evaluation in education, as well as 
management within such areas, and have a demonstrated capacity for 
sustained productivity and leadership in these areas.
  (e) Administration.--The Director shall--
          (1) administer, oversee, and coordinate the activities 
        carried out under the Academy, including the activities of the 
        National Education Centers; and
          (2) coordinate budgets and operating plans for each of the 
        National Education Centers.
  (f) Duties.--The duties of the Director shall be the following:
          (1) To propose to the Board priorities for the Academy, in 
        accordance with section 116(a).
          (2) To ensure the methodology applied in conducting research, 
        evaluation, and statistical analysis is consistent with the 
        standards for such activities under this title.
          (3) To coordinate education research and related activities 
        carried out by the Academy with such research and activities 
        carried out by other agencies within the Department and the 
        Federal Government.
          (4) To advise the Secretary on research, evaluation, and 
        statistics activities relevant to the activities of the 
        Department.
          (5) To establish necessary procedures for technical and 
        scientific peer review of the activities of the Academy, 
        consistent with section 117(b)(3).
          (6) To ensure that all participants in research conducted or 
        supported by the Academy are afforded their privacy rights and 
        other relevant protections as research subjects, in accordance 
        with section 184 of this title, section 552a of title 5, United 
        States Code, and sections 444 and 445 of the General Education 
        Provisions Act (20 U.S.C. 1232g, 1232h).
          (7) To carry out and support other activities consistent with 
        the priorities and mission of the Academy.
          (8) To ensure that activities conducted or supported by the 
        Academy are objective, secular, neutral, and nonideological and 
        are free of partisan political influence and racial, cultural, 
        gender, or regional bias.
          (9) To undertake initiatives and programs to increase the 
        participation of researchers and institutions that have been 
        historically underutilized in Federal educational research 
        activities in the activities of the Academy, including 
        historically black colleges and universities and other 
        institutions of higher education with large numbers of minority 
        students.
          (10) To coordinate with the Secretary to promote and provide 
        for the coordination of research and development activities and 
        technical assistance activities between the Academy and the 
        regional governing boards and regional entities described in 
        section 203 of the Regional Assistance Act of 2002 to ensure 
        collaboration and resource sharing and reduce redundancy in 
        such activities.
          (11) To solicit and consider the recommendations of education 
        stakeholders, in order to ensure that there is broad and 
        regular public and professional input from the educational 
        field in the planning and carrying out of the Academy's 
        activities.
          (12) At the discretion of the Director and in consultation 
        with the National Academy of Sciences, to conduct a study to 
        determine--
                  (A) a standard by which States may accurately measure 
                the rate at which students drop out of or graduate from 
                secondary schools in the United States (including on-
                time graduation); and
                  (B) the use of alcohol or illegal narcotics as 
                contributing factors to incidents of school violence 
                committed by students during the regular school day and 
                while participating in other school-related activities.
  (g) Expert Guidance and Assistance.--The Director may establish 
technical and scientific peer-review groups and scientific program 
advisory committees that the Director determines are necessary to carry 
out the requirements of this title. The Director shall appoint such 
personnel, except that officers and employees of the United States 
shall comprise no more than one-fourth of the members of any such group 
and shall not receive additional compensation for their service as 
members of such a group. The Director shall ensure that reviewers are 
highly qualified and capable to appraise educational research and 
development projects. The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to a peer-review group established under this 
subsection.

SEC. 116. PRIORITIES.

  (a) Proposal.--The Director shall propose to the Board (established 
in section 117) priorities for the Academy (taking into consideration 
long-term research and development on core issues conducted through the 
national research and development centers (as defined in section 181)) 
identifying topics that may require long-term research and topics that 
are focused on understanding and solving particular education problems 
and issues, including those associated with the goals and requirements 
established in the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.), such as--
          (1) closing the achievement gap between high-performing and 
        low-performing children, particularly achievement gaps between 
        minority and nonminority children and between disadvantaged 
        children and their more advantaged peers; and
          (2) ensuring that all children reach, at a minimum, 
        proficiency on challenging State academic achievement standards 
        and assessments.
  (b) Approval.--The Board shall approve or disapprove the priorities 
for the Academy proposed by the Director, including any necessary 
revision of those priorities. The Board shall transmit any priorities 
so approved to the appropriate congressional committees.
  (c) Consistency.--The Board shall ensure that priorities of the 
Academy and the National Education Centers are consistent with the 
mission of the Academy.
  (d) Public Availability and Comment.--
          (1) Priorities.--Before submitting to the Board proposed 
        priorities for the Academy, the Director shall make such 
        priorities available to the public for comment (including by 
        means of the Internet and through publishing such priorities in 
        the Federal Register). The Director shall provide to the Board 
        a copy of each such comment submitted.
          (2) Plan.--Upon approval of such priorities, the Director 
        shall make the Academy's plan for addressing such priorities 
        available for public comment in the same manner as under 
        paragraph (1).

SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.

  (a) Establishment.--The Academy shall have a board of directors, 
which shall be known as the National Board for Education Sciences.
  (b) Duties.--The duties of the Board shall be the following:
          (1) To advise the Director on the policies of the Academy.
          (2) To consider and approve priorities under section 116 to 
        guide the work of the Academy.
          (3) To review and approve procedures for scientific peer 
        review of the activities of the Academy.
          (4) To advise the Director on the development of activities 
        to be supported by the Academy, including the general areas of 
        research to be carried out by the National Center for Education 
        Research.
          (5) To present to the Director such recommendations as it may 
        find appropriate for--
                  (A) the strengthening of education research; and
                  (B) the funding of the Academy.
          (6) To advise the Director on the funding of applications for 
        grants, contracts, and cooperative agreements for research, 
        after the completion of peer review.
          (7) To review and regularly evaluate the work of the Academy, 
        to ensure that scientifically valid research, evaluation, and 
        statistical analysis is consistent with the standards for such 
        activities under this title.
          (8) To advise the Director on ensuring that activities 
        conducted or supported by the Academy are objective, secular, 
        neutral, and nonideological and are free of partisan political 
        influence and racial, cultural, gender, or regional bias.
          (9) To solicit advice and information from those in the 
        educational field, particularly practitioners and researchers, 
        to recommend to the Director topics that require long-term, 
        sustained, systematic, programmatic, and integrated research 
        efforts, including knowledge utilization and dissemination of 
        research, consistent with the priorities and mission of the 
        Academy.
          (10) To review and advise the Director on opportunities for 
        the participation in, and the advancement of, women, 
        minorities, and persons with disabilities in education 
        research, statistics, and evaluation activities of the Academy.
          (11) To recommend to the Director ways to enhance strategic 
        partnerships and collaborative efforts among other Federal and 
        State research agencies.
          (12) To recommend to the Director individuals to serve as 
        Commissioners of the National Education Centers.
  (c) Composition.--
          (1) Voting members.--The Board shall have 15 voting members 
        appointed by the President, with the advice and consent of the 
        Senate.
          (2) Advice.--The President shall solicit advice on 
        individuals to serve on the Board from the National Academy of 
        Sciences, the National Science Foundation, and the Office of 
        Science and Technology Policy.
          (3) Nonvoting ex officio members.--The Board shall have the 
        following nonvoting ex officio members:
                  (A) The Director of the Academy of Education 
                Sciences.
                  (B) Each of the commissioners of the National 
                Education Centers.
                  (C) The Director of the National Institute of Child 
                Health and Human Development.
                  (D) The Director of the Census.
                  (E) The Commissioner of Labor Statistics.
                  (F) The Director of the National Science Foundation.
          (4) Appointed membership.--
                  (A) Qualifications.--Members appointed under 
                paragraph (1) shall be highly qualified to appraise 
                educational research, statistics, evaluations, or 
                development, and shall include individuals from each of 
                the following groups:
                          (i) Educators, including classroom teachers, 
                        principals, and other school administrators.
                          (ii) Parents.
                          (iii) Business leaders.
                          (iv) Experts and scientists in research, 
                        statistics, evaluation, or development, who are 
                        recognized in their discipline as highly 
                        qualified to represent such discipline.
                  (B) Special rule.--A majority of the voting members 
                of the Board must be appointed from the groups 
                described in clauses (i) and (iv) of subparagraph (A).
                  (C) Terms.--Each member appointed under paragraph (1) 
                shall serve for a term of 4 years, except that--
                          (i) the terms of the initial members 
                        appointed under such paragraph shall (as 
                        determined by a random selection process at the 
                        time of appointment) be for staggered terms 
                        of--
                                  (I) 4 years for each of five members;
                                  (II) 3 years for each of five 
                                members; and
                                  (III) 2 years for each of five 
                                members; and
                          (ii) no member appointed under such paragraph 
                        shall serve for more than two consecutive 
                        terms.
                  (D) Extension of service.--A member of the Board may 
                serve after the expiration of the member's term until a 
                successor has been appointed and confirmed, but for no 
                longer than 1 additional year.
          (5) Chair.--The Board shall elect a chairperson from among 
        the members of the Board.
          (6) Compensation.--Members of the Board shall serve without 
        pay for such service. Members of the Board who are officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Board.
          (7) Travel expenses.--The members of the Board shall receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with subchapter I of chapter 57 of title 5, United 
        States Code.
          (8) Powers of the board.--
                  (A) Executive director.--The Board shall have an 
                Executive Director who shall be appointed by the Board.
                  (B) Additional staff.--The Board shall utilize such 
                additional staff as may be appointed or assigned by the 
                Director, in consultation with the Chair.
                  (C) Detail of staff personnel.--The Board may arrange 
                for the detail of staff personnel and use the services 
                and facilities of any department or agency of the 
                Federal Government.
                  (D) Contracts.--The Board may enter into contracts or 
                make other arrangements as may be necessary to carry 
                out its functions.
                  (E) Information.--The Board may, to the extent 
                otherwise permitted by law, obtain directly from any 
                executive department or agency of the Federal 
                Government such information as the Board deems 
                necessary to carry out its functions.
          (9) Meetings.--The Board shall meet not less than four times 
        each year. The Board shall hold additional meetings at the call 
        of the chairperson or upon the written request of at least six 
        voting members of the Board.
          (10) Quorum.--A majority of the voting members of the Board 
        shall constitute a quorum.
  (d) Standing Committees.--
          (1) Establishment.--The Board may establish standing 
        committees--
                  (A) to each serve one of the National Education 
                Centers; and
                  (B) to advise, assist, consult with, and make 
                recommendations to the Director and the Commissioner of 
                the appropriate National Education Centers.
          (2) Membership.--A majority of the members of each standing 
        committee shall be voting members of the Board whose expertise 
        is needed for the functioning of the committee. In addition, 
        the membership of each standing committee may include, as 
        appropriate--
                  (A) experts and scientists in research, statistics, 
                evaluation, or development who are recognized in their 
                discipline as highly qualified to represent such 
                discipline and who are not members of the Board, but 
                who have been recommended by the Commissioners of each 
                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 have been recommended by 
                the Commissioners of each National Education Center and 
                approved by the Board.
          (3) Duties.--Each standing committee shall--
                  (A) at the discretion of the Board or the standing 
                committee, review and comment on any grant, contract, 
                or cooperative agreement entered into (or proposed to 
                be entered into) by the applicable National Education 
                Center;
                  (B) prepare for, and submit to, the Board an annual 
                evaluation of the operations of the applicable National 
                Education Center;
                  (C) review and comment on the relevant plan for 
                activities to be undertaken by the applicable National 
                Education Center for each fiscal year; and
                  (D) periodically report to the Board regarding the 
                activities of the committee and the applicable National 
                Education Center.
  (e) Annual Report.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees, not later than 
July 1 of each year, a report that assesses the effectiveness of the 
Academy in carrying out its priorities and mission, especially as they 
relate to carrying out scientifically valid research, conducting 
unbiased evaluations, and collecting and reporting accurate education 
statistics.
  (f) Recommendations.--The Board shall submit to the Director, the 
Secretary, and the appropriate congressional committees a report that 
includes any recommendations regarding any actions that could be taken 
to enhance the ability of the Academy to carry out its priorities and 
mission. The Board shall submit an interim report not later than 3 
years after the date of enactment of this Act and a final report not 
later than 5 years after such date of enactment.

SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

  (a) Appointment.--The National Education Centers shall each be headed 
by a Commissioner appointed by the Director. In appointing 
Commissioners, the Director shall seek to promote continuity in 
leadership of the National Education Centers and shall consider 
individuals recommended by the Board, acting in consultation with the 
Director. The Director may appoint a Commissioner to carry out the 
functions of a National Education Center without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates.
  (b) Pay.--The Commissioners shall each receive the rate of basic pay 
for level IV of the Executive Schedule.
  (c) Qualifications.--Each Commissioner shall be highly qualified in 
the field of education research, statistics, or evaluation.
  (d) Service and Removal.--Each Commissioner shall report to the 
Director and may be removed by the Director. A Commissioner shall serve 
for a period of no more than 6 years, unless reappointed by the 
Director, except that a Commissioner may serve after the expiration of 
that Commissioner's term, until a successor has been appointed by the 
Director, for up to 1 additional year.

SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION.

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

             PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

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

SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

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

SEC. 133. DUTIES.

  (a) General Duties.--The Research Commissioner shall--
          (1) maintain published peer-review standards and standards 
        for the conduct and evaluation of all research and development 
        carried out under the auspices of the Research Center in 
        accordance with this part;
          (2) propose to the Director a research plan that--
                  (A) is consistent with the priorities and mission of 
                the Academy and the mission of the Research Center and 
                is based upon the activities described in paragraph 
                (3); and
                  (B) shall be carried out pursuant to paragraph (4) 
                and, as appropriate, be updated and modified;
          (3) carry out specific, long-term research activities that 
        are consistent with the priorities and mission of the Academy, 
        and are approved by the Director;
          (4) implement the plan proposed under paragraph (2) to carry 
        out scientifically valid research that--
                  (A) uses objective and measurable indicators, 
                including timelines, that are used to assess the 
                progress and results of such research;
                  (B) meets the procedures for peer review established 
                by the Director under section 115(f) and the standards 
                of research described in section 135; and
                  (C) includes both basic research and applied 
                research, which shall include research conducted 
                through field-initiated studies and may include ongoing 
                research initiatives;
          (5) promote the use of scientifically valid research within 
        the Federal Government, including active participation in 
        interagency research initiatives;
          (6) ensure that research conducted by the Research Center is 
        relevant to education practice and policy;
          (7) synthesize and disseminate, through the Office of 
        Educational Resources and Dissemination, the findings and 
        results of education research conducted or supported by the 
        Research Center; and
          (8) prepare and submit to the Director for approval an annual 
        report, as described in section 134, which shall be made 
        available to the public through such means as the Internet.
  (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) Evaluative Summaries of Research Priorities.--
          (1) In general.--In addition to the duties described in 
        subsection (a), the Research Commissioner shall oversee and 
        support the conduct of evaluative summaries of the education 
        priority areas of each of the national research and development 
        centers (as defined in section 181). Such summaries--
                  (A) shall be completed not later than 1 year after 
                the date of enactment of this Act; and
                  (B) shall be submitted to the Director and the Board 
                to provide assistance on developing and implementing 
                the research plan described in subsection (a)(2).
          (2) Previous evaluations.--In carrying out this subsection, 
        the Research Commissioner may use evaluations and assessments 
        of a national research and development center completed before 
        the date of enactment of this Act.
  (d) Evaluative Summary.--Each evaluative summary conducted under 
subsection (c) shall--
          (1) include a detailed description of the findings of the 
        main research and development activities of the national 
        research and development centers;
          (2) describe how such findings are consistent with 
        scientifically valid research; and
          (3) describe the implications of such findings for 
        educational practice and school reform.
  (e) National Research and Development Centers.--
          (1) Support.--In carrying out activities under subsection 
        (a)(3), the Director, acting through the Research Commissioner, 
        shall support national research and development centers.
          (2) Scope.--Support for a national research and development 
        center shall be for a period of not more than 5 years, shall be 
        of sufficient size and scope to be effective, and 
        notwithstanding section 135(b), may be renewed without 
        competition for not more than 5 additional years if the 
        Director, in consultation with the Research Commissioner and 
        the Board, determines that the research of the national 
        research and development center--
                  (A) continues to address priorities of the Academy; 
                and
                  (B) merits renewal (applying the procedures and 
                standards established in section 135).
          (3) Limit.--No national research and development center may 
        be supported under this subsection for a period of more than 10 
        years without competition.
          (4) Continuation of awards.--The Director, acting through the 
        Research Commissioner, shall continue awards made to the 
        national research and development centers in effect on the day 
        before the date of enactment of this Act in accordance with the 
        terms of those awards and may renew them in accordance with 
        paragraphs (2) and (3).

SEC. 134. BIENNIAL REPORT.

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

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

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

            PART C--NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. ESTABLISHMENT.

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

SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

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

SEC. 153. DUTIES.

  (a) General Duties.--The duties of the Statistics Center are to 
collect, report, analyze, and disseminate statistical data related to 
education in the United States and in other nations, including--
          (1) collecting, acquiring, compiling (where appropriate, on a 
        State-by-State basis), and disseminating full and complete 
        statistics on the condition and progress of education, at the 
        preschool, elementary, secondary, postsecondary, and adult 
        levels in the United States, including data on--
                  (A) successful State and local education reform 
                activities that result in increased academic 
                achievement and narrowing of achievement gaps;
                  (B) student achievement in, at a minimum, the core 
                academic areas of reading, math, and science at all 
                levels of education;
                  (C) secondary school completions, dropouts, and adult 
                literacy and reading skills;
                  (D) educational access to, and opportunity for, 
                postsecondary education, including data on financial 
                aid to postsecondary students;
                  (E) teaching, including--
                          (i) data on professional development, 
                        including a comparison of courses taken in the 
                        core academic areas of reading, math, and 
                        science with courses in noncore academic areas; 
                        and
                          (ii) the percentage of teachers who are 
                        highly qualified (as such term is defined in 
                        section 9101 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 7801)) in each 
                        State and, where feasible, in each local 
                        educational agency and school;
                  (F) instruction, the conditions of the education 
                workplace, and the supply of, and demand for, teachers;
                  (G) the incidence, frequency, seriousness, and nature 
                of violence affecting students, school personnel, and 
                other individuals participating in school activities, 
                as well as other indices of school safety including 
                information regarding--
                          (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;
                  (H) the financing and management of education, 
                including data on revenues and expenditures;
                  (I) the social and economic status of children, 
                including their academic achievement;
                  (J) the existence and use of educational technology 
                and access to the Internet in elementary schools and 
                secondary schools;
                  (K) educational access to, and opportunity for, early 
                childhood education; and
                  (L) the availability of, and access to, before-school 
                and after-school programs (including such programs 
                during school recesses);
          (2) conducting and publishing reports on the meaning and 
        significance of the statistics described in paragraph (1);
          (3) collecting, analyzing, cross-tabulating, and reporting, 
        to the extent feasible, information by gender, race, ethnicity, 
        socioeconomic status, limited English proficiency, mobility, 
        and disability, when such disaggregated information would 
        facilitate educational and policy decisionmaking;
          (4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        statistical and data collection activities, which may include 
        assisting State educational agencies and local educational 
        agencies with the disaggregation of data;
          (5) acquiring and disseminating data on educational 
        activities and student achievement (such as the Third 
        International Math and Science Study) in the United States 
        compared with foreign nations; and
          (6) conducting longitudinal and special data collections 
        necessary to report on the condition and progress of education.
  (b) Training Program.--The Statistics Commissioner may establish a 
program to train employees of public and private educational agencies, 
organizations, and institutions in the use of standard statistical 
procedures and concepts and may establish a fellowship program to 
appoint such employees as temporary fellows at the Statistics Center in 
order to assist the Statistics Center in carrying out its duties.

SEC. 154. PERFORMANCE OF DUTIES.

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

SEC. 155. REPORTS.

  (a) Procedures for Issuance of Reports.--The Statistics Commissioner, 
in consultation with the Director, shall establish procedures, in 
accordance with section 187, to ensure that the reports issued under 
this section are relevant, of high quality, useful to customers, 
subject to rigorous peer review, produced in a timely fashion, and free 
from any partisan political influence.
  (b) Report on Condition and Progress of Education.--Not later than 
June 1, 2002, and each succeeding June 1 thereafter, the Director, 
acting through the Statistics Commissioner, shall, with the approval of 
the Director, 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 (as determined by the Director, acting 
through the Statistics Commissioner), special statistical reports on 
education topics, particularly in the core academic areas of reading, 
mathematics, and science, consistent with the priorities and mission of 
the Academy and the mission of the Statistics Center.

SEC. 156. DISSEMINATION.

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

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

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

SEC. 158. STATE DEFINED.

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

            PART D--NATIONAL CENTER FOR EDUCATION EVALUATION

SEC. 171. ESTABLISHMENT.

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

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.

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

SEC. 173. DUTIES.

  (a) General Duties.--
          (1) In general.--The Director, acting through the Evaluation 
        Commissioner, shall--
                  (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) coordinate the activities of the Evaluation 
                Center with other evaluation activities in the 
                Department;
                  (D) submit to the President and the appropriate 
                congressional committees a report on the Evaluation 
                Center's evaluation activities on an annual basis; and
                  (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.
          (2) Additional requirements.--Each evaluation conducted by 
        the Evaluation Center pursuant to paragraph (1) shall adhere to 
        the highest possible standards of quality for conducting 
        scientifically valid education evaluation.
  (b) Administration of Evaluations Under Title I of the Elementary and 
Secondary Education Act of 1965.--The Director, acting through the 
Evaluation Commissioner, consistent with the mission of the Evaluation 
Center under section 171, shall administer all operations and contracts 
associated with evaluations authorized by part E of title I of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) 
and administered by the Department as of the date of enactment of this 
Act.

                       PART E--GENERAL PROVISIONS

SEC. 181. DEFINITIONS.

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

SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.

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

SEC. 183. PROHIBITIONS.

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

SEC. 184. CONFIDENTIALITY.

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

SEC. 185. AVAILABILITY OF DATA.

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

SEC. 186. PERFORMANCE MANAGEMENT.

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

SEC. 187. AUTHORITY TO PUBLISH.

  (a) Publication.--
          (1) In general.--The Academy, including each office, board, 
        committee, and center of the Academy, may prepare, publish, and 
        present (including through oral presentations) such research-
        based information and research reports as needed to carry out 
        the priorities and mission of the Academy, without clearance or 
        approval for such preparation and publication by the Secretary 
        or any other officer of the Department.
          (2) Prohibition of review.--No report issued by the Academy, 
        including any office, board, committee, or center within the 
        Academy, shall be subject to review by a Federal office or 
        agency outside of the Academy.
  (b) Peer Review.--All published research, statistics, and evaluation 
reports conducted by or supported through the Academy, shall be 
subjected to rigorous peer review before being published or otherwise 
made available and shall include the names of the peer reviewers.
  (c) Advance Copies.--The Academy shall provide the Director and 
Secretary an advance copy of any information to be published, at least 
30 days before the publication.

SEC. 188. VACANCIES.

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

SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.

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

SEC. 190. VOLUNTARY SERVICE.

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

SEC. 191. FELLOWSHIPS.

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

SEC. 192. RULEMAKING.

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

SEC. 193. AUTHORIZATION OF APPROPRIATIONS.

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

     TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                               ASSISTANCE

SEC. 201. SHORT TITLE.

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

SEC. 202. TABLE OF CONTENTS.

  The table of contents for this title is as follows:

Sec. 201. Short title.
Sec. 202. Table of contents.
Sec. 203. Regional educational applied research and technical 
assistance entities.
Sec. 204. Regional advisory committees.
Sec. 205. Grants.
Sec. 206. Regional entity boards.
Sec. 207. Public input.
Sec. 208. Priorities and evaluations.
Sec. 209. Authorization of appropriations.
Sec. 210. General provisions.

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

  (a) Establishment.--The Secretary, through grants, contracts, or 
cooperative agreements, shall establish and oversee a system of 
regional educational applied research and technical assistance entities 
(in this title referred to as ``regional entities'') to provide applied 
research, dissemination, training, technical assistance, and 
development activities related to the administration and implementation 
of Federal education programs and other regional education needs to 
States, local educational agencies, schools, Indian tribes, community-
based organizations, and other appropriate entities.
  (b) Regions.--In establishing geographical regions to be served by 
the regional entities, the Secretary shall serve the same geographical 
regions as served by the regional educational laboratories established 
under section 941(h) of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (as such provision existed 
on the day before the date of enactment of this Act). The Secretary 
shall support at least two regional entities in each region, and shall 
allocate to each region for each fiscal year an amount of funds 
comparable to the amount of funds awarded to serve the needs of that 
region under prior regional assistance programs under section 3141 and 
parts A and C of title XIII of the Elementary and Secondary Education 
Act of 1965 (as such provisions existed on the day before the date of 
enactment of the No Child Left Behind Act of 2001 (Public Law 107-110)) 
and 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).
  (c) Technical Assistance, Applied Research, Development, and 
Dissemination.--The Secretary shall support applied research, 
development, dissemination, and technical assistance and reform 
initiatives, which, at a minimum, shall include the following:
          (1) Training and technical assistance to State educational 
        agencies, local educational agencies, schools, public charter 
        schools, Indian tribes, community-based organizations, and 
        other appropriate entities, 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 and assessment tools for use by 
                teachers and administrators in, at a minimum--
                          (i) the core academic areas of mathematics, 
                        science, and reading; and
                          (ii) education technology; and
                  (C) the facilitation of communication between 
                education experts, school officials and teachers, 
                parents, and librarians, as appropriate.
          (2) The dissemination and provision of scientifically valid 
        research, information, reports, and publications that are 
        usable for improving academic achievement, narrowing 
        achievement gaps, and encouraging and sustaining school 
        improvement, to--
                  (A) schools, educators, parents, and policymakers 
                within the applicable region in which the entity is 
                located; and
                  (B) the Office of Educational Resources and 
                Dissemination.
          (3) Applied research projects designed to serve the 
        particular needs of the region if quality applied research does 
        not exist based on the regional advisory committee's plan under 
        section 204(c), and that reflects findings from scientifically 
        valid research and results in user-friendly, replicable, 
        classroom applications geared toward promoting increased 
        student achievement.
          (4) The use of applied research to assist in solving site-
        specific problems, to assist in development activities, and to 
        contribute to the current base of education knowledge by 
        addressing enduring problems in elementary and secondary 
        education.
  (d) Authority.--
          (1) In general.--To carry out the activities described in 
        subsection (c), the Secretary shall--
                  (A) enter into contracts with at least two regional 
                entities for each region described in subsection (b), 
                on a competitive basis, for a 5-year period, to provide 
                services under this title, and of such entities--
                          (i) the primary duties of at least one 
                        regional entity for each region shall include 
                        those described in subsections (c)(3) and 
                        (c)(4);
                          (ii) the primary duties of at least one 
                        regional entity for each region shall include 
                        those described in subsection (c)(1); and
                          (iii) at least one of the regional entities 
                        described in clauses (i) and (ii) shall be a 
                        nonprofit entity; and
                  (B) provide contracts of not more than a 5-year 
                period, each of which shall be on a competitive basis, 
                with private or public, for profit or nonprofit, 
                research organizations, institutions, agencies, 
                institutions of higher education, or partnerships among 
                such entities, or individuals, with the demonstrated 
                ability or capacity to carry out the activities 
                described in subsection (c), which may include regional 
                entities that carried out activities under the 
                Educational Research, Development, Dissemination, and 
                Improvement Act of 1994 (20 U.S.C. 5801 et seq.) (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) Application.--Each regional entity seeking a contract 
        under this subsection shall submit an application at such time, 
        in such manner, and containing such additional information as 
        the Secretary may reasonably require. Each such application 
        shall--
                  (A) cover not less than a 5-year period; and
                  (B) describe how the applicant will carry out the 
                activities described in subsection (c).
          (3) Objectives and indicators.--Before entering into a 
        contract under this subsection, the Secretary shall design 
        specific objectives and measurable indicators to be used to 
        assess the particular program or initiatives and ongoing 
        progress and performance of regional entities to ensure the 
        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.
  (e) Coordination.--In order to assure coordination and prevent 
unnecessary duplication of activities among the regions, the Secretary 
shall--
          (1) share information about the activities of each regional 
        entity with each other regional entity and with the Department, 
        including the Director of the Academy of Education Sciences and 
        the National Board for Education Sciences;
          (2) create a strategic plan for the development of activities 
        undertaken by the each regional entity to increase 
        collaboration and resource-sharing in such activities;
          (3) where appropriate, employ methods through which the 
        activities undertaken by each of the regional entities also 
        serves national interests; and
          (4) assure that each of the entities funded under this 
        section coordinate their activities with each other.
  (f) Continuation.--In order to carry out the purpose of this title 
and facilitate the transition to regional entities, the Secretary--
          (1) shall continue the existing awards of the regional 
        educational laboratories established under section 941(h) of 
        the Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such provision existed on the day 
        before the date of enactment of this Act), the Eisenhower 
        Regional Mathematics and Science Education Consortia 
        established under part M of such Act (as such part existed on 
        the day before the date of enactment of this Act), and the 
        Regional Technology in Education Consortia for the duration of 
        those existing awards in accordance with the terms and 
        agreements of such awards; and
          (2) may extend for no more than 2 years the awards of the 
        Comprehensive Regional Assistance Centers established under 
        part K of the Educational Research, Development, Dissemination, 
        and Improvement Act of 1994 (as such part existed on the day 
        before the date of enactment of this Act).

SEC. 204. REGIONAL ADVISORY COMMITTEES.

  (a) Establishment and Membership.--
          (1) In general.--The Secretary shall support, through grants 
        awarded under section 205, a regional advisory committee in 
        each region referred to in section 203(b). Each such committee 
        shall be established by the Governors, in consultation with the 
        chief State school officers, in such region. The membership of 
        such a committee shall not exceed 25 members, shall represent a 
        balanced representation of States in the region, and shall 
        consist of the following individuals:
                  (A) Not more than one representative of each State 
                educational agency geographically located in the 
                region.
                  (B) Representatives of local educational agencies, 
                who shall be selected jointly by the Governors and the 
                chief State school officers in such States represented 
                by such region and shall include representatives of 
                urban and rural areas.
                  (C) Representatives of institutions of higher 
                education, including individuals representing 
                university-based education research, and university-
                based research other than education, who shall be 
                selected jointly by the Governors and the chief State 
                school officers in such States represented by such 
                region.
                  (D) Parents, who shall be selected jointly by the 
                Governors and the chief State school officers in such 
                States represented by such region.
                  (E) Practicing educators, including classroom 
                teachers, principals, administrators, school board 
                members, and other local school officials, who shall be 
                selected jointly by the Governors and the chief State 
                school officers in such States represented by such 
                region.
                  (F) Representatives of business, who shall be 
                selected jointly by the Governors and the chief State 
                school officers in such States represented by such 
                region.
                  (G) Researchers, who shall be selected jointly by the 
                Governors and the chief State school officers in such 
                States represented by such region.
          (2) Special rule.--The number of members on each such 
        committee selected under subparagraphs (B), (D), and (E) of 
        paragraph (1), collectively, shall total more than those 
        selected under subparagraphs (A), (C), (F), and (G) of such 
        paragraph, collectively.
  (b) Authority.--Each regional advisory committee shall have the 
authority to accept gifts, in-kind contributions, services, or other 
assistance to facilitate the committee's activities.
  (c) Plan.--Each regional advisory committee shall--
          (1) develop a 5-year plan for serving the needs of all States 
        and, to the extent practicable, local needs within the region 
        by conducting a survey of the educational needs, strengths, and 
        weaknesses within the region, including a process of open 
        hearings to solicit the views and needs of schools, public 
        charter schools, teachers, administrators, parents, local 
        educational agencies, librarians, businesses, State educational 
        agencies, and other customers within the region; and
          (2) submit the plan to the Secretary, at such time, in such 
        manner, and containing such information as the Secretary may 
        require, and to the Director of the Academy of Education 
        Sciences, to assist in making decisions regarding the 
        priorities under section 116 of the Education Sciences Reform 
        Act of 2002 and the priorities described under section 208(a).

SEC. 205. GRANTS.

  (a) Authority.--In order to support the activities of the regional 
advisory committees established under section 204 (including conducting 
the survey of regional needs described in section 204(c)(1)), the 
Secretary shall make a grant to an entity within each region that is 
approved by the Governor and the chief State school officer of each 
State within the region. A grant under this subsection shall not exceed 
$150,000 and shall not exceed 1 year in duration.
  (b) Application.--In order to receive a grant under subsection (a), 
the entity applying on behalf of the regional advisory committee shall 
submit to the Secretary for approval an application that contains--
          (1) documentary evidence of the entity's approval by the 
        Governor and chief State school officer of each State within 
        the region;
          (2) an assurance that the regional advisory committee will 
        comply with the requirements of section 204; and
          (3) such other information as the Secretary may reasonably 
        require.
  (c) Subsequent Grants.--The Secretary shall make grants subsequent to 
those made under subsection (a) on a timely basis, in order to ensure 
the preparation and submission of a second 5-year plan.

SEC. 206. REGIONAL ENTITY BOARDS.

  (a) Composition.--The regional entities described in section 
203(d)(1)(A) shall be governed by a board (in this title referred to as 
a ``regional entity board'') composed of--
          (1) the chief State school officers (or other State officials 
        in each State served by the regional entity who have primary 
        responsibility under State law for elementary and secondary 
        education in the State), or their designees, in the region 
        served by the regional entity; and
          (2) not more than 20 other members who are representative of 
        the educational interests in the region served by the regional 
        entity and are selected jointly by the officials specified in 
        paragraph (1) and the Governors of each State within the 
        region, including--
                  (A) representatives of local educational agencies, 
                including representatives of urban and rural areas;
                  (B) representatives of institutions of higher 
                education;
                  (C) parents;
                  (D) practicing educators, including classroom 
                teachers, principals, and administrators;
                  (E) representatives of business; and
                  (F) policymakers, expert practitioners, and 
                researchers with knowledge of, and experience using, 
                the results of research, evaluation, and statistics.
  (b) Plan.--Each regional entity board shall develop and submit to the 
Secretary for approval a plan that addresses the needs identified by 
the appropriate regional advisory committee under section 204(c)(1). 
Such plan shall be submitted in a manner and form, and containing such 
information, as the Secretary may require. Such plan shall be developed 
to guide the regional entities in carrying out this section and 
satisfying the terms and conditions of the contract awards, and to 
assist in making decisions regarding the national priorities within 
education research.
  (c) Duties.--Each regional entity board shall--
          (1) be the sole entity that guides and directs the regional 
        entities in carrying out this title, satisfying the terms and 
        conditions of the contract award, and determining the regional 
        agenda and mission of such entities;
          (2) ensure that the regional entities attain and maintain a 
        high level of quality of work;
          (3) establish standards to ensure that the regional entities 
        have strong and effective governance, organization, management, 
        and administration, and employ qualified staff;
          (4) direct the regional entities to carry out their duties in 
        a manner that will make progress toward reforming schools and 
        educational systems;
          (5) coordinate its activities, collaborate, and regularly 
        exchange information with the Secretary, the Director of the 
        Academy of Education Sciences, the Office of Educational 
        Resources and Dissemination of the Academy, and other 
        appropriate entities including educational service agencies as 
        described in the No Child Left Behind Act of 2001 (Public Law 
        107-110);
          (6) direct the regional entities resources to and within each 
        State in a manner that reflects the need for assistance, taking 
        into account factors such as the proportion of economically 
        disadvantaged students, the cost burden in areas of sparse 
        populations; and
          (7) give priority to--
                  (A) schools with high percentages or numbers of 
                students from low-income families, as determined under 
                section 1113(a)(5) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6313(a)(5)), including 
                such schools in rural and urban areas, and schools 
                participating in schoolwide programs under title I of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6301 et seq.);
                  (B) local educational agencies in which high 
                percentages or numbers of school age children are from 
                low-income families, as determined under section 
                1124(c)(1)(A) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6333(c)(1)(A)), including such 
                local educational agencies in rural and urban areas; 
                and
                  (C) schools that have been identified for school 
                improvement under section 1116 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6316).
  (d) Gifts.--Each regional entity board shall have the authority to 
accept gifts, in-kind contributions, services, or other assistance to 
facilitate its activities.

SEC. 207. PUBLIC INPUT.

  Before entering into a contract under this title, the Secretary shall 
seek input from Governors, chief State school officers, educators, and 
parents regarding the need for applied research, dissemination, 
training, technical assistance, and development activities authorized 
by this title in the States to be served and how those needs would be 
addressed most effectively.

SEC. 208. PRIORITIES AND EVALUATIONS.

  (a) Priorities.--The Secretary may establish annual priorities for 
the regional entities.
  (b) Evaluations.--The Secretary shall provide for ongoing independent 
evaluations of the regional entities receiving grants, contracts, or 
cooperative agreements in carrying out the duties under this title, the 
results of which shall be transmitted to the appropriate congressional 
committees and the Director of the Academy of Education Sciences. Such 
evaluation shall include an analysis of the services provided under 
this title, the extent to which the regional entities have met the 
objectives of the plans submitted under sections 204(c) and 206(b), and 
whether such services have met the needs of State educational agencies 
and local educational agencies and schools in the region, including 
those local educational agencies and schools described under section 
206(c)(7).

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to carry out 
this title $189,000,000 for fiscal year 2003 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.
  (b) Limitation.--Not more than 2.5 percent of the funds appropriated 
under subsection (a) for a fiscal year may be used for the evaluations 
required under section 208.

SEC. 210. GENERAL PROVISIONS.

  Part E of the Education Sciences Reform Act of 2002 applies to this 
title, as appropriate, except that any responsibilities assigned solely 
to the Director of the Academy of Education Sciences shall be the 
responsibility of the Secretary.

         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. STATE DEFINED.

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

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

                    TITLE IV--AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS.

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

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

  The Department of Education Organization Act (20 U.S.C. 3401 et seq.) 
is amended as follows:
          (1) Paragraph (4) of section 202(b) (20 U.S.C. 3412(b)) is 
        amended to read as follows:
  ``(4) There shall be in the Department a Director of the Academy of 
Education Sciences who shall be appointed in accordance with section 
115(a) of the Education Sciences Reform Act of 2002 and perform the 
duties described in that Act.''.
          (2) Section 208 (20 U.S.C. 3419) is amended to read as 
        follows:
                    ``academy of education sciences
  ``Sec. 208. There shall be in the Department of Education an Academy 
of Education Sciences, which shall be administered in accordance with 
the Education Sciences Reform Act of 2002 by the Director appointed 
under section 115(a) of that Act.''.
          (3) In the table of contents in section 1 (20 U.S.C. 3401 
        note), the item relating to section 208 is amended to read as 
        follows:

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

SEC. 403. REPEALS.

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

SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

  (a) Goals 2000: Educate America Act.--The table of contents in 
section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801 
note) is amended by striking the items relating to parts A through E of 
title IX (including the items relating to sections within those parts).
  (b) Title 5, United States Code.--Title 5, United States Code, is 
amended--
          (1) in section 5314, by inserting a period after ``Under 
        Secretary of Education''; and
          (2) in section 5315, by striking the following:
  ``Commissioner, National Center for Education Statistics.''.
  (c) General Education Provisions Act.--Section 447(b) of the General 
Education Provisions Act (20 U.S.C. 1232j) is amended by striking 
``section 404(a)(6) of the National Education Statistics Act of 1994 
(20 U.S.C. 9003(a)(6))'' and inserting ``section 153(a)(5) of the 
Education Sciences Reform Act of 2002''.
  (d) Elementary and Secondary Education Act of 1965.--The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
as follows:
          (1) Section 1111(c)(2) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
          (2) Section 1112(b)(1)(F) is amended by striking ``section 
        411(b)(2) of the National Education Statistics Act of 1994'' 
        and inserting ``section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act''.
          (3) Section 1117(a)(3) is amended 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''.
          (4) Section 1501(a)(3) is amended by striking ``section 411 
        of the National Education Statistics Act of 1994'' and 
        inserting ``section 303 of the National Assessment of 
        Educational Progress Authorization Act''.
          (5) The following provisions are each amended by striking 
        ``Office of Educational Research and Improvement'' and 
        inserting ``Academy of Education Sciences'':
                  (A) Section 3222(a) (20 U.S.C. 6932(a)).
                  (B) Section 3303(1) (20 U.S.C. 7013(1)).
                  (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
                  (D) Paragraphs (1) and (2) of section 5615(d) (20 
                U.S.C. 7283d(d)).
                  (E) Paragraphs (1) and (2) of section 7131(c) (20 
                U.S.C. 7451(c)).
          (6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C. 
        7253c(e)) are each amended by striking ``such Office'' and 
        inserting ``such Academy''.
          (7) Section 5613 (20 U.S.C. 7283b) is amended--
                  (A) in subsection (a)(5), by striking ``Assistant 
                Secretary of the Office of Educational Research and 
                Improvement'' and inserting ``Director of the Academy 
                of Education Sciences''; and
                  (B) in subsection (b)(2)(B), by striking ``research 
                institutes of the Office of Educational Research and 
                Improvement'' and inserting ``National Education 
                Centers of the Academy of Education Sciences''.
          (8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C. 
        7283d(d)(1), 7451(c)(1)) are each amended by striking ``the 
        Office'' and inserting ``the Academy''.
          (9) Section 9529(b) is amended by striking ``section 
        404(a)(6) of the National Education Statistics Act of 1994'' 
        and inserting ``section 153(a)(5) of the Education Sciences 
        Reform Act of 2002''.
  (e) School-to-Work Opportunities Act of 1994.--Section 404 of the 
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194) is amended by 
inserting ``(as such Act existed on the day before the date of 
enactment of the Education Sciences Reform Act of 2002)'' after ``Act 
of 1994''.

SEC. 405. EFFECTIVE DATE.

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

                                Purpose

    The purposes of this Act are to provide national leadership 
in expanding fundamental knowledge and understanding of 
education; to conduct valid scientific research using standards 
of research that will result in findings that can be used by 
classroom teachers to improve academic achievement for all 
students; to provide the educators and the general public with 
reliable information about the condition and progress of 
education in the United States; to evaluate and determine the 
effectiveness of federal education programs; to establish a 
culture of scientific inquiry in education research, evaluation 
and data collection; and to widely disseminate this information 
to the public.

                            Committee Action


                                HEARINGS

    The Committee on Education and the Workforce and the Senate 
Committee on Health, Education, Labor, and Pensions held a 
hearing in Washington, D.C. during the first session of the 
106th Congress to review federal educational research and 
evaluation efforts to determine how useful they are in helping 
States and school districts improve student achievement. The 
Committee held the hearing, entitled ``Overview of Federal 
Education Research and Evaluation Efforts,'' on June 17, 1999.
    The Subcommittee on Early Childhood, Youth and Families 
held two hearings on education research in Washington, D.C. 
during the second session of the 106th Congress. These hearings 
explored the need for high quality, scientifically based 
education research as a means to increase student achievement 
and reform education. In addition, the hearings focused on the 
reauthorization of the National Center for Education Statistics 
(NCES), the National Assessment of Educational Progress (NAEP) 
and the National Assessment Governing Board (NAGB), and how to 
provide for the improvement of federal education research, 
evaluation, information, and dissemination. The Subcommittee 
held the first hearing, entitled ``Options for the Future of 
the Office of Educational Research and Improvement,'' on May 4, 
2000 and the second hearing, entitled ``Authorization of the 
National Center for Education Statistics, National Assessment 
of Educational Progress, and National Assessment Governing 
Board,'' on May 11, 2000.
    In addition, on July 26, 2000, the Subcommittee on Early 
Childhood, Youth and Families considered in legislative 
session, the ``Scientifically Based Education Research, 
Statistics, Evaluation, and Information Act of 2000 (H.R. 
4875).'' H.R. 4875 was the predecessor bill to H.R. 3801, the 
``Education Sciences Reform Act of 2002'' which was introduced 
and considered in the 107th Congress.
    The Subcommittee on Education Reform held a hearing in 
Washington, D.C. during the first session of the 107th Congress 
to learn how best to strengthen and reform the federal role in 
education research, evaluation, and dissemination, and to 
translate education research into practice in the nation's 
schools. In the second session of the 107th Congress, the 
Subcommittee held a hearing to review and hear comments on the 
reauthorization of the Office of Educational Research and 
Improvement (OERI). Education leaders testified on the 
importance of high standards and independence in education 
research. The hearing held during the first session of the 
107th Congress took place on July 17, 2001, and was entitled 
``From Research to Practice: Improving America's Schools in the 
21st Century.'' The hearing held during the second session of 
the 107th Congress took place on February 28, 2002, and was 
entitled ``The Reauthorization of the Office of Educational 
Research and Improvement.''

                           LEGISLATIVE ACTION

    On February 27, 2002, Representative Michael Castle (R-DE) 
introduced H.R. 3801, the ``Education Sciences Reform Act of 
2002.'' H.R. 3801 reauthorizes and makes amendments to OERI. 
H.R. 3801 was drafted on the basis of hearings, the 
recommendations of the Administration, and the recommendations 
of other members of the education community.
    The Subcommittee on Education Reform considered H.R. 3801 
in legislative session on March 13, 2002, and it was favorably 
reported, as amended, to the Committee on Education and the 
Workforce by voice vote. The following are descriptions of the 
amendments adopted to H.R. 3801 during Subcommittee 
consideration:
     Mr. Castle (R-DE) offered an amendment in the 
nature of a substitute to H.R. 3801.
     Mr. Keller (R-FL) offered an en bloc amendment to 
the amendment in the nature of a substitute to H.R. 3801 
offered by Mr. Castle.
    On March 20, 2002, the Committee on Education and the 
Workforce considered H.R. 3801 in legislative session and 
reported it favorably, as amended, to the House of 
Representatives by voice vote. The following are descriptions 
of the amendments adopted to H.R. 3801 during Committee 
consideration:
     Mr. Castle (R-DE) offered an amendment in the 
nature of a substitute to H.R. 3801.
     Mr. Isakson (R-GA) offered an amendment to make 
technical changes and restructure the bill's regional technical 
assistance and applied research system. The Committee adopted 
the amendment by voice vote.

                                Summary

     H.R. 3801 reauthorizes and amends the current 
statute governing the Office of Educational Research and 
Improvement (OERI) of the Department of Education by replacing 
OERI with a new Academy of Education Sciences, which will 
provide the infrastructure for the undertaking of coordinated 
and high quality education research, statistics gathering, 
program evaluation, and dissemination.
     The Academy would be located within the Department 
of Education, but would function as a separate office under the 
direction a Director who would be advised by the National Board 
for Education Sciences. This will help ensure that the 
Academy's activities are carried outgreatest level of 
independence and integrity. Following are descriptions of the major 
provisions of the bill.

                 NATIONAL BOARD FOR EDUCATION SCIENCES

     The National Board for Education Sciences is 
comprised of fifteen members, appointed by the President and 
confirmed by the Senate. Ex-Officio members of the board 
include members of the National Science Foundation, the 
National Institutes of Child Health and Human Development, the 
Bureau of Labor Statistics, the Census Bureau, the Director, 
and the Commissioners of the National Education Statistics, 
Research, and Evaluation Centers.
     The Board has final approval of the Academy's 
priorities in research, statistics, and evaluation, and a 
general advisory role to the Director's day-to-day 
administration of the Academy, thereby creating a workable 
system of checks and balances that permits both an independence 
of function and coherence of operation.

                     ACADEMY OF EDUCATION SCIENCES

     A Director of the Academy will be appointed by the 
President and confirmed by the Senate, and will replace the 
current Assistant Secretary for OERI, and serve a six-year 
term.
     The Director will be responsible for proposing 
priorities for research, evaluation, and statistics to the 
Board; overseeing the activities carried out in the Academy for 
education statistics, research and evaluation, and 
disseminating information to the public.
     The Director may conduct two studies: measuring 
student dropout rates and determining how illegal narcotics and 
alcohol contribute to school violence.

           OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION

     An office is established within the Director's 
office that will, at a minimum, disseminate information on 
scientifically valid research on education to the public, 
especially in the core academic areas of reading, mathematics, 
science, and educational technology, which may include the 
continuation of funding to existing clearinghouses.
     The National Library of Education is relocated to 
this office and will be responsible for streamlining the 
existing complexities of federal education information 
collection and archival activities, as well as maintaining a 
national education library.

THE NATIONAL EDUCATION CENTERS FOR RESEARCH, STATISTICS, AND EVALUATION

     The Academy consists of three National Education 
Centers: the Center for Education Research, the Center for 
Education Statistics, and the Center for Education Evaluation.
     A Commissioner appointed by the Director of the 
Academy heads each Center.

1. Center for Education Research

     The National Center for Education Research 
replaces the five existing education research institutes and is 
headed by a Commissioner.
     The Commissioner of Education Research, who could 
serve up to six years, and will provide national leadership in 
education research, promoting scientifically valid research 
findings that can lead to improved academic instruction and 
learning in the classroom.
     All research funded by the Center will be required 
to meet the requirements of ``scientifically valid research 
standards'' as defined in the Act.
     The Commissioner, through the authority of the 
Director, will develop and carry out a research agenda based 
upon priorities identified by the Director and approved by the 
National Board for Education Sciences, which is designed to 
provide insight into the gaps in research covering the core 
academic areas.
     The Commissioner, through the authority of the 
Director, will award contracts, grants, or cooperative 
agreements to carry out scientifically valid research using 
objective and measurable indicators, under established 
standards of research and peer review, including through the 
continuation of funding to existing national research and 
development centers.
     Research conducted under the direction of the 
Research Center will meet the highest standards of professional 
excellence in education research.
     Research findings will be made widely available to 
the public through such means as the Internet, through the 
Academy's Office of Education Resources and Dissemination, and 
as part of the report prepared by the Commissioner.

2. Center for Education Statistics

     The Act essentially maintains the existing 
structure of the National Center for Education Statistics 
(NCES).
     The Commissioner is currently appointed by the 
President and confirmed by the Senate. Under the Academy, the 
Director appoints the Commissioner, who could serve up to six 
years.
     NCES will continue to collect and analyze 
education information and statistics as it has since it was 
established in 1867.

3. Center for Education Evaluation

     The Department of Education is currently charged 
by Congress to evaluate its own programs. Under the current 
structure there is insufficient boundaries and quality 
standards to ensure that the Department produces high quality 
evaluations that are able to demonstrate whether programs are 
actually working.
     This Act makes education program evaluation more 
independent, and sets quality standards to ensure that the 
studies are rigorous and able to provide Congress and educators 
with useful information about the effectiveness of federal 
education programs.
     The Commissioner of the National Center for 
Education Evaluation will oversee all program evaluations, 
including the Title I program evaluation, to determine the 
impact of such programs.
     The Commissioner will be appointed by the Director 
and could serve up to six years. The Commissioner will be 
authorized to establish independent review panels for 
evaluations conducted by the Center to ensure that evaluations 
are meaningful, rigorous in methodology, timely, and reflective 
of national priorities as established by the Board.

     Regional Educational Applied Research and Technical Assistance

     Ten regional areas of the United States, as 
defined in current law, are established to serve the needs of 
States, districts and schools in that region for technical 
assistance and applied research.
     The Secretary awards contracts to regional 
entities on a competitive basis. There will be at least two 
entities in each region, one providing technical assistance and 
the other applied research.
     The Secretary will fulfill the terms of the 
existing contracts of the Eisenhower Regional Mathematics and 
Science Education Consortia, the Regional Technology in 
Education Consortia, and the Regional Educational Laboratories.
     A Regional Advisory Committee is established in 
each region by the Governor in consultation with the chief 
State school officer, and would conduct a needs assessment, 
develop a 5-year plan to serve the needs of the States in the 
region, and submit the plan to the Secretary for approval.
     A board consisting of not more than 20 members, 
who are representatives of the region, will govern each 
region's two regional entities that receive a grant from the 
Secretary.
     The regional entity board will guide and direct 
the regional entities receiving contracts, ensure high quality 
work, establish standards and coordinate its activities with 
other entities in the region, and ensure the entities undertake 
activities consistent with the plan developed by the Regional 
Advisory Committee for that region.
     The Secretary shall solicit input from Governors, 
chief State school officers, educators, and parents to 
determine the needs of the region.

National Assessment Governing Board (NAGB) and the National Assessment 
                     for Education Progress (NAEP)

     The authorities of NAEP and NAGB remain the same 
as they are in the No Child Left Behind Act of 2001.

                            Other Provisions

     Personally identifiable information.--Personally 
identifiable information is protected by confidentiality and 
privacy laws and may not be distributed or disclosed.
     Prohibition on Federally Sponsored National 
Testing.--The Act prohibits funds from being 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 in law. The provision does not apply to 
international comparative assessments administered to only a 
representative sample of pupils in the United States and in 
foreign nations.
     National Database.--The Act includes a rule of 
construction clarifying that nothing in the Act is to be 
construed as allowing the development of a national database of 
personally identifiable information on individuals involved in 
studies or data collection under the Act.
     Prohibitions on the Department of Education.--The 
Act provides that (1) nothing in the Act shall be construed to 
authorize an officer or employee of the Federal Government to 
mandate, direct, or control a State's, local educational 
agencies, or school's curriculum, program of instruction, or 
allocation of State or local resources, or to mandate a State 
or any subdivision thereof to spend any funds or incur any 
costs not paid for under the Act; and (2) no funds provided to 
the Department of Education or to any applicable program may be 
used by the Department to endorse, approve, or sanction any 
curriculum designed to be used in an elementary or secondary 
school.

                            Committee Views

    At a February 28, 2002, hearing before the Education Reform 
Committee, Assistant Secretary for the Office of Education 
Research and Improvement Dr. Russ Whitehurst stated:

          We need an invigorated agency that is capable of 
        carrying out a coordinated, focused agenda of high 
        quality research, statistics and evaluation that is 
        relevant to the educational challenges of the nation, 
        and that has sufficient flexibility to adjust to new 
        opportunities and problems when they arise. This is a 
        unique and unparalleled opportunity to begin a process 
        that will make American education an evidence-based 
        field. If we succeed in this task, historians may look 
        back at our actions in the next weeks and months as 
        building the foundation for a new era in learning and 
        teaching, an era that propelled the United States into 
        another century of preeminence.

    In the reauthorization of the Office of Educational 
Research and Improvement (OERI), the Committee has taken a 
significant step towards this new beginning. As Christopher 
Cross, former Assistant Secretary for OERI under President H.W. 
Bush, stated simply, ``OERI has never fulfilled its mission.'' 
For more than thirty years, since the establishment of the 
National Institute of Education in 1972, there has been a 
desire on the part of policymakers at the national level to 
provide the mechanism for valid research that would be 
cumulative and inform education practices at the State and 
local levels with well-documented findings. The Committee 
strongly believes there should be much more to show for the 
thirty years of federally funded education research.
    The Committee believes that there is general agreement on 
the objectives of a Federal research agency, but the 
achievement of those objectives has been elusive. Dr. Robert 
Slavin, Co-Director, Center for Research on the Education of 
Children Placed at Risk, Johns Hopkins University, made this 
comment that summarizes the general consensus:

          OERI (or its successor agency) should be the primary 
        federal funding source for research, development, and 
        dissemination directed at improving the outcomes of 
        schooling. In the long run, it should be judged on one 
        criterion. Is OERI funding and leadership leading to 
        the creation of knowledge, methods, and materials that 
        enable America's educators to improve the outcomes of 
        schooling for all children, especially academic 
        achievement outcomes? To accomplish this goal, OERI 
        will have to support a wide range of types of research, 
        from basic to applied, and it will have to build the 
        infrastructure for research, development, and 
        dissemination of effective programs, with a particular 
        focus on building the talent pool for doing high-
        quality research in education.

    The structure of the primary education research agency has 
been changed many times, but there has been little, if any, 
change in outcome. As a result, many have expressed cynicism 
about restructuring the education research function yet again, 
likening the effort to rearranging the deck chairs on the 
Titanic. However, restructuring coupled with serious reform may 
well save the ship. Thus, the Committee has determined that the 
mission of the new Academy of Education Sciences will be clear, 
focused, and empowering, giving the new Director and Board of 
Education Sciences maximum flexibility in setting policy and 
priorities as defined in the Act. Moreover, the Committee has 
also provided the Academy with sufficient funds to conduct high 
quality research, collect statistical data, and evaluate 
programs.
    The Committee also believes that it will be the quality, 
understanding, and commitment of the education scientists 
themselves that will determine whether the Academy of Education 
Sciences initiates a new chapter in high-quality research. All 
too often, though, education scientists have not produced high 
quality work. The February, 2002, issue of the Economist 
magazine contained an article on social science research that 
makes a cogent point relevant to this problem, ``Social 
scientists, it is widely thought, do not subject their own 
hypotheses to any rigorous treatment. Worse, they peddle their 
untested hypotheses to governments, and try to get them turned 
into policies.'' (The Economist Newspaper Limited, London)
    However, quality education scientists are a fundamental 
component to reforming OERI. As the National Research Council 
has suggested:

          Agencies are effective when their culture supports 
        the principles of science. To develop such a culture, 
        the agency must have an infrastructure that is 
        insulated from political micromanagement, supported by 
        sufficient and sustained resources, and led by staff 
        with top scientific and management credentials who have 
        the flexibility to make decisions and are accountable 
        for them. (Scientific Inquiry in Education, National 
        Academy Press, Washington, DC, November 2001, Pg. 5)

    Thus, changing the structure of the Federal research agency 
is not enough. It is the quality of the researchers, 
evaluators, statisticians and agency leaders who will help make 
the difference. However, these experts must be given 
appropriate and powerful tools and techniques in order to 
fulfill their promise, and the Academy's. The importance of 
high-quality research cannot be overstated. Florida Secretary 
of Education, Jim Horne, highlighted the necessity of valid 
scientific research conducted at the Federal level this way:

          I believe this focus on scientifically-based research 
        may in fact be among the provisions in the new law, 
        which has the most lasting and positive impact toward 
        education reform in this nation. And there is no place 
        where this principle needs to be applied with greater 
        diligence than in the work of the Federal Government's 
        own education research endeavors.

    The new Academy of Education Sciences includes the elements 
necessary to create the culture of science that is so much 
needed, especially for the most vulnerable of our students.

                                TITLE I


                     Academy of Education Sciences

    The Academy of Education Sciences would replace OERI, 
including the six existing National Institutes, each of which 
is responsible for a congressionally mandated topic area.
    A fundamental problem of the current structure of OERI has 
been the varied and competing tasks that have been assigned to 
it. As Maris A. Vinovskis, Professor of History at the 
University of Michigan, pointed out, ``Starting in FY 1989, the 
transfer of many new, but less research oriented programs to 
OERI meant that the overall budget and focus of the agency 
shifted still further away from the original concentration on 
research and development.'' Further, Christopher Cross 
testified that ``the 1994 reauthorization * * * created a 
disaster. It has led to less communication and coordination, 
unhealthy competition for very scare resources, excess overhead 
expenses, and Balkanization.''
    To address these significant organizational dilemmas, the 
Committee significantly strengthened and clarified the 
provision directing the Secretary of Education to assign to 
theAcademy only those activities that are consistent with the mission 
and priorities of the Academy. The Committee believes that it is 
important that the Academy not be diverted from its primary duties of 
conducting high quality research, collecting education statistics, and 
undertaking valid program evaluations.
    A Director appointed by the President and confirmed by the 
Senate will administer the Academy. The Director will serve a 
six-year term and propose priorities for the Academy, which 
would be approved by the National Board for Education Sciences. 
The Director will appoint the Commissioners of Statistics, 
Evaluation, and Research, who will lead the three National 
Education Centers. It is critical, if a culture of science is 
to be created in the Academy, that the Director be selected 
from among highly qualified authorities in the fields of 
scientifically valid research, statistics, or evaluation in 
education, be an excellent manager, and demonstrate a capacity 
for sustained productivity and leadership.
    The Committee intends section 115(f)(6) regarding the 
Director's duty to ensure the relevant protections for research 
subjects be followed, to include applicable guidelines such as 
those adopted pursuant to the Federal Policy on Research 
Misconduct published in the Federal Register on December 6, 
2000, by the Office of Science and Technology Policy in the 
Executive Office of the President.
    In addition, if the Director conducts the first study 
listed under section 115(f)(12), the Committee intends for the 
Director to consider what would comprise an appropriate uniform 
standard, building upon prior efforts by the Department and the 
National Research Council, by which States could report dropout 
and graduation data, as well as examine longitudinal 
measurements that follow students from 7th grade through 
graduation from secondary school, and support more accurate and 
consistent measures that avoid problems such as distinguishing 
between transfers and dropouts that will allow for meaningful 
comparisons across schools, districts, and States. Further, if 
the Director conducts the second study listed in the same 
section, the Committee intends that the Director review not 
only illegal narcotics, but also illegal drugs in general, in 
the context of studying casual factors in student violence, 
which will provide for a more comprehensive analysis.
    Lastly, in order to ensure there is broad and regular 
public and professional input from the educational field in the 
planning and carrying out of the Academy's activities, the 
Director shall solicit and consider the recommendations of 
education stakeholders.

                 National Board for Education Sciences

    The Committee has established a Board with policy authority 
to consider and approve the priorities of the Academy, based on 
recommendations from the Director. This fifteen member Board is 
appointed by the President and confirmed by the Senate. In 
selecting Board members, the President is to solicit advice on 
individuals to serve on the Board from the National Academy of 
Sciences, the National Science Foundation, and the Office of 
Science and Technology Policy. The Committee intends that the 
advice of these three institutions be fully considered when 
Board members are appointed.
    The members of the Board are chosen from among individuals 
who are educators, parents, business leaders, experts, and 
scientists in research, statistics, evaluation, or development 
who are recognized within their disciplines as highly qualified 
to represent such disciplines. It is critical that the 
leadership of the Board and the Director set a tone of the 
highest integrity, and are freed from undue political influence 
and partisan bias.
    In particular, the Committee has provided an Academy 
structure within which the Director is responsible for the day-
to-day operations, as well as proposing priorities to the 
Board. The Board has final approval of such priorities and a 
general advisory role to the Director, thereby creating a 
workable system of checks and balances that permits both an 
independence of function and coherence of operation. The 
Committee has set up a structure within which scientists can 
apply the tools of their profession to develop a body of 
knowledge that is valid and applicable to education practice, 
and adheres to the highest standards of research.
    The Committee does not intend for the provision in section 
118(a) requiring the Director, in appointing Commissioners, to 
consider individuals recommended by the National Board of 
Education Sciences, to apply to Commissioners appointed by the 
first Director of the Academy for Education Sciences before the 
Board is operational.

                          Standing Committees

    In current law, there are a number of advisory committees 
and councils, the duties of which are specified in law, such as 
the Advisory Council on Education Statistics. This 
reauthorization of OERI gives a new and important flexibility 
to the National Board for Education Sciences by providing the 
authority to establish standing committees to serve, as needed, 
to advise, assist, consult with, and make recommendations to 
the Director and the Commissioners of the Academy. Although a 
majority of the members of the standing committees must be 
voting members of the National Board for Education Sciences, 
the Committee also allows experts and scientists in research, 
statistics, evaluation, or development, who are recognized in 
their disciplines as highly qualified, to represent such 
disciplines on the standing committee. The National Research 
Council, in its report, ``Scientific Inquiry in Education,'' 
supports this concept by stating:

          An advisory collaborative board of researchers, 
        practitioners, business people, and policy makers 
        (perhaps modeled after the National Science Board) 
        could work in collaboration with an agenda-setting 
        committee. The choice of peers with excellent 
        scientific credentials and an ability to think across 
        areas is the key to making this commonly used mechanism 
        work, and depends critically on an ample talent pool of 
        peers. (National Academy Press, Washington, DC, 
        November 2001, Pg. 5)

    Too often when advisory committees are specified in law 
they can become rigid, and often out of touch with the field 
for which they are assigned to provide advice. The Committee 
believes that the standing committees specified in this bill 
will keep advice fresh, allow for changes in those who provide 
advice, and assist in the development of a culture of science 
in the Academy.
    The Committee has included language, in section 115(g), 
permitting the Director to establish technical and scientific 
peer-review groups and scientific program advisory committees 
to assist and advise the Director in carrying out the 
activities of the Academy. The Committee encourages the 
Director to consult with the National Science Foundation and 
other recognized institutions or organizations in research and 
science for guidance on establishing a model peer-review group 
process and on the selection of exceptionally qualified and 
capable reviewers.

         The Office of Educational Resources and Dissemination

    Perhaps one of the most important functions of the Academy 
is to provide the public with clear, useful, and current 
information about the findings of research that are developed 
under its direction. The current system, established primarily 
through the Educational Resources Information Center 
Clearinghouses (ERIC), has not achieved its mission and has not 
been effective. According to Christopher Cross, ``While ERIC 
has been in existence for decades, it has no quality screen. 
Today, ERIC needs not just an overhaul, but a major 
reconceptualization.'' The ERIC system, by any objective 
standard, is an outdated system incapable of serving the needs 
of practioners and policymakers. The purpose and function of 
this dissemination function is critical to the successful 
operation of the research, statistics and evaluation functions 
of the Academy.
    A report by the U.S. Department of Education based on the 
``National Directions in Education Research Planning 
Conference'' described the problem with the current system this 
way:

          Educational research has several communication 
        problems: with educators, with its public, and with 
        policymakers. It has not been aggressive and 
        opportunistic, and has not sold many potential 
        supporters on its real accomplishments, nor upon its 
        growing relevance to the solution of education's 
        chronic and emerging problems. It has not used the 
        media extensively to communicate with its public. (U.S. 
        Department of Education, National Educational Research 
        Policy and Priorities Board, Washington, DC, November 
        1998)

    The Committee believes that by developing a culture of 
science within the Academy, and providing a mechanism to 
deliver significant findings of research, evaluation, and 
statistics, the nation's need for high quality, valid 
information will be better served.
    The Committee has provided for this function to be carried 
out through the Office of Educational Resources and 
Dissemination, which is under the Director's authority, and has 
focused the dissemination effort, at a minimum, to include 
academic areas such as reading, mathematics, and science, for 
the purposes of closing the achievement gap, improving student 
academic achievement, applying technology in the classroom, 
providing professional development, and administration.
    The Committee believes it is especially important to 
provide this information in a user-friendly, timely, and 
efficient manner, including regular use of the Internet with 
on-line, searchable databases. In addition, to ensure that 
information disseminated under this section is completed in a 
cost-effective and non-duplicative manner that is responsive to 
the needs of customers, the Committee recognizes that 
activities under this section can be conducted through 
competitively awarded contracts. Clearly, if research is to be 
useful, it must be widely available to the end user--parents, 
teachers, principals, and school administrators.

                       National Education Centers

    Within the Academy, there are established three National 
Education Centers, each managed by a Commissioner appointed by 
the Director of the Academy. The Commissioners are selected 
from among highly qualified individuals who are experts in 
their field, to direct the work of the Centers.

                 National Center for Education Research

    The purpose of the Research Center is to sponsor sustained 
research efforts, at least half of it long term, in order to 
develop an accumulation of knowledge and understanding of 
education, particularly to improve student academic achievement 
and close the achievement gap between high-performing and low-
performing students. The statistics show that a high percentage 
of minority students are unable to read, or to read with 
fluency and comprehension, while their non-minority peers are 
mastering these important skills needed to further their 
education or get a good job.
    The Committee wishes to clarify that the term 
``integration'' used in section 131(b)(2) regarding the 
Research Center's mission can mean how research can be 
integrated with the findings of existing scientifically valid 
research and scientifically based research standards (as such 
terms are defined in the Act), and it can mean, in the context 
of applied research (as such term is defined in the Act), that 
there should be consideration of how such research can be 
utilized and translated into practice.
    The Committee has made clear that to obtain a base of 
valid, reliable knowledge, the process of conducting research, 
evaluation, and data collection must be based on scientifically 
valid research findings discovered through rigorous, careful 
inquiry over a long period of time. Dr. E.D. Hirsch, author of 
The Schools We Need and Why We Don't Have Them, emphasizes this 
point in the following way:

          After many years of educational research it is 
        disconcerting and also deeply significant that we have 
        little dependable research guidance for school policy. 
        We have useful statistics in the form of test scores 
        that indicate the achievement level of children, 
        schools, and districts. But we do not have reliable 
        causal interpretations of these data that could lead to 
        significant improvement. Richard Feynman in his comment 
        on ``Cargo Cult Science'' identifies part of the reason 
        for this--that educational research dutifully adopts 
        the outward forms of science without attaining to its 
        essence. For Feynman, the essence of good science is 
        doing whatever is necessary to get to reliable 
        knowledge. (``Basing Education Policy on Research?'', 
        Forthcoming 2002, Pg. 1)

    To obtain valid, reliable knowledge, the Commissioner must 
ensure that research conducted under the supervision of the 
Center is consistent with the priorities and mission of the 
Academy, meets the procedures for peer review established by 
the Director, and adheres to the standards of research 
specified in the bill. The February 28, 2002, issue of the 
Economist magazine makes a relevant comparison between medical 
research and educational research:

          Governments require sellers of new medicines to 
        demonstrate the safety and effectiveness of their 
        products. The accepted ``standard'' of evidence is a 
        randomized controlled trial, in which a new drug is 
        compared with the best existing therapy (or with a 
        placebo, if no treatment is available) * * * [which] 
        reduces the risk that wishful thinking or other 
        potential biases may influence the outcome. Drug trials 
        must also include enough patients to make it unlikely 
        that chance alone may determine the result. Yet the 
        medical industry is held to a higher standard of 
        evidence than that to which governments hold 
        themselves. This is bad, because, as Carol Fitz-Gibbon, 
        a Campbell Collaboration participant from Durham 
        University, in England, points out, school education 
        amounts to about 15,000 hours of compulsory treatment. 
        Some 11,000 experimental studies are known in the 
        social sciences (compared with over 250,000 in the 
        medical literature). (The Economist Newspaper Limited, 
        London)

    The Committee requires an evaluative summary of research to 
determine a base from which further inquiry can be launched. 
The Committee also recognizes that the work that is currently 
being done under some of the National Research and Development 
Centers, still needs to be supported, since much of this 
research is being conducted over a period of many years and is, 
in some instances, of excellent quality. However, the Committee 
makes clear that competition is a critical element in any 
contractual agreement and that flexibility for the Director and 
the Board to set national research priorities is essential. In 
addition, all research conducted under the Research Center, and 
their contractors shall follow the scientifically based 
standards of research established in the bill.

              THE NATIONAL CENTER FOR EDUCATION STATISTICS

    The Committee recognizes that the National Center for 
Education Statistics (NCES) has a long and proud tradition, 
reaching back to the middle of the 19th Century. This tradition 
of quality data collection must be continued and strengthened. 
The mission of the NCES remains consistent with current law, as 
do most of the Center's duties, from statistical data 
collection to issuing statistical reports on the progress and 
condition of education in the United States.
    However, the Committee has given the Director of the 
Academy the authority to appoint a Commissioner who has 
substantial knowledge of statistical methodologies and 
activities undertaken by the Statistics Center. Although this 
may be regarded by some to be a significant change to current 
law, the Committee would point out that the position of the 
Director of the National Center for Education Statistics has 
frequently been vacant, and until recently was filled by an 
acting director who was, and is now again, a career civil 
servant. Consequently, the effect of this change is intended to 
be minimal, and is consistent with the position of the other 
Center Commissioners. It is the Committee's intent that the 
Statistics Commissioner be an expert in the field of education 
statistics and a capable manager of the Center, who will 
continue and expand upon the excellent operation and reputation 
of NCES.
    The Committee is insistent that the standards of data 
collection shall remain high, the release of information 
timely, and the content unbiased and free of political 
influence. Requirements for uniform statistical information and 
data on early childhood, elementary, secondary, postsecondary, 
and adult education are maintained and clarified. Further, the 
Committee intends that the Statistics Commissioner and the 
Statistics Center, in carrying out its duties, shall only 
collect statistical information and data that is related to and 
impacts academic achievement and shall not evaluate or assess 
personal or family beliefs and attitudes.
    Moreover, it is the intent of the Committee that the 
Statistics Center continues to administer the National 
Assessment of Educational Progress as it has done under current 
law.
    The Committee's intent is to keep the Statistics Center 
functioning in the same high-quality and consumer-friendly way 
it has in the past. Indeed, the Committee's goal is to ensure 
the Statistics Center continues to live up to the words of Dr. 
Pascal Forgione, former Director of the National Center for 
Education Statistics:

          NCES has acquired a reputation for trustworthy data 
        and long-range planning that has enabled it to meet its 
        mandate. Its activities are driven by the 
        responsibility to meet the needs of various audiences, 
        among who are teachers, policymakers, researchers, the 
        media, the general public, and most certainly 
        legislators. As such, one of its primary goals is to 
        ensure that the data produced can reliably answer 
        important questions relevant to major decisions of 
        education policy, programs, and practice.

    The Committee also encourages the Center on Statistics to 
assist States in the collection of data that will measure the 
progress of students in advancing from grade six through grade 
twelve, with particular attention placed on the transition 
between eighth and ninth grade.

              THE NATIONAL CENTER FOR EDUCATION EVALUATION

    The Committee has established a new Center for Evaluation 
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, math, and science; and to 
support synthesis and dissemination of the results of such 
evaluations.
    For too long, the evaluation functions at the Department of 
Education could be characterized as disorganized, conflicted, 
and inadequate. Christopher Cross characterized the situation 
this way:

          Indeed, within the Federal government--even within 
        the U.S. Department of Education--there are multiple 
        pockets * * * of program evaluation (some quite large) 
        that, in all honesty, are often research masquerading 
        under a different title. If all of these pockets were 
        stitched together, one would have a large, if unsightly, 
        garment.

    The Committee believes the Evaluation Center is an integral 
and essential component of the Academy. Too often Federal 
programs do not rest on sound scientific evidence when they are 
established, and once they are in place very little is done to 
determine if they are having the desired impact on improving 
education practice, or closing the achievement gap. The 
Economist quotes Thomas Cook, a pioneer of controlled 
experiments in education at Northwestern University in Chicago, 
who suggests that ``much of the opposition to experimental 
evaluation stems from a common philosophical malaise among 
social scientists, who doubt the validity of the natural 
sciences, and therefore reject the potential of knowledge 
derived from controlled experiments.''
    To be fair, the Committee recognizes that longitudinal, 
experimental studies of this nature are costly. However, over 
time they will produce valuable, and useful information for 
policy makers at all levels of government. They will allow for 
the avoidance of the widespread adoption of misguided ideas 
that are not based on sound science.

                           GENERAL PROVISIONS

    General definitions are provided in this section to clarify 
the intent of the law. The Committee believes that one of the 
most significant components of this bill is the definition of 
``scientifically based research standards.'' This definition 
sets a high bar for all activities in the Academy, including 
research, data collection, and evaluation. In previous 
revisions of the law reauthorizing OERI, there has been a good 
faith effort to improve the quality of research developed under 
the Office. However, there is also general agreement that the 
products of this thirty-year effort still can be much improved. 
The Committee, therefore, has made clear that high standards 
are essential, and has taken the further step of defining 
``scientifically based research standards'' in law, in much the 
same way that the term ``scientifically based research'' was 
defined in the No Child Left Behind Act of 2001 (NCLBA). The 
only substantive difference between the two definitions is that 
in the case of the Education Sciences Reform Act, the 
definition is for the standards of scientifically based 
research, which means that this definition applies to the 
conduct of research, instead of the outcome of the research. 
However, the Committee wishes to stress that the use of 
scientifically based research standards, as defined in this 
Act, in the Academy and in the field will result in products 
and services that conform to the scientifically based research 
definition under the NCLBA.
    The Committee recognizes that unless there is a change in 
the culture of science at the Academy, substantive change in 
the quality of research, evaluation, or data collection is 
unlikely. The public is demanding higher standards for public 
schools, and it is a Federal responsibility to conduct the 
research needed to inform policy makers of what works and what 
doesn't. We stand at a crossroads, with a unique opportunity to 
put aside the fads of the past century, embrace the findings of 
valid research on education, and begin the 21st Century 
determined to base policy and practice on sound science.
    Dr. Reid Lyon, Chief of the Child Development and Behavior 
Branch of the National Institute of Child Health and Human 
Development, a division of the National Institutes of Health, 
testified before the Subcommittee on Education Reform in March 
of 2001 and made the following statement:

          This is a time of great opportunity for the Federal 
        and State governments, local educational agencies, 
        teachers, and parents to work together toward the 
        common objective of eliminating the reading deficit in 
        America. Through scientific inquiry, we have identified 
        the elements of an optimal reading program. We know how 
        to measure a child's progress toward reading with 
        fluency and comprehension. We know how to assist 
        teachers in acquiring the skills necessary to teach 
        reading effectively. We know how to reach the most 
        vulnerable children in our nation with the essential 
        skills they need to learn to read. All that remains now 
        is to apply what we have learned in America's 
        classrooms.

    The Committee recognizes that research in reading surpasses 
that of almost every other discipline in education, and that 
further inquiry into math, science, and other areas of 
education is essential if we are to provide a high quality 
education for all the citizens of America. The Committee also 
recognizes that it is the scientists who conduct the 
evaluations, collect and analyze the data, and continue the 
research inquiry into important education questions that will 
ultimately determine whether this reauthorization of the 
Federal education research effort is successful. Dr. E.D. Hirsh 
makes a powerful case for this requirement:

          One of the most useful ways to spend money in 
        education would be to induce the best, most 
        disinterested cognitive scientists to synthesize what 
        is dependably known about learning in a form that can 
        have direct practical application to schools. A 
        conclusion they will surely reach is one that common 
        sense could have predicted quite apart from research--
        that because learning is slow and cumulative, we need 
        to translate our knowledge into policies that insure 
        year-to-year coherence in the experiences offered to 
        children. (``Basing Education Policy on Research?'', 
        Forthcoming 2002, Pg. 16)

                              PROHIBITIONS

    The Committee has established important privacy safeguards 
in this bill. No national data base of individually 
identifiable information shall be established by the Academy, 
or by any contractor of the Academy; no curriculum shall be 
established; nor shall any specific curriculum be endorsed; no 
Federal testing shall be conducted, except as authorized by 
Congress.
    The Committee intends that section 183(c) regarding the 
prohibition on endorsing curriculum does not prohibit the 
Academy from identifying and disseminating information about 
successful or promising instructional educational practices, to 
the extent practicable, based upon scientifically valid 
research and scientifically based research standards.
    The Committee does not intend that section 183(d) regarding 
the prohibition on federally sponsored testing to apply to 
ongoing data collection efforts, including the adult literacy 
assessment, the early childhood longitudinal study, and the 
national education longitudinal studyconducted under the 
Academy's predecessor provisions for OERI, as these are tools to 
collect data for research purposes and are not national academic tests 
per se.
    Confidentiality standards are strengthened for all 
collection, maintenance, use, and dissemination of data by the 
Academy, including each office, board, committee, and center of 
the Academy. Student information is protected and remains 
confidential under the Pupil Privacy Act and the Family 
Educational Rights and Privacy Act. These provisions now apply 
to the entire Academy, and not just the National Statistics 
Center.

                   SCIENTIFIC OR TECHNICAL EMPLOYEES

    As Christopher Cross pointed out, ``One thing that has been 
lost over the last 25 years is the ability to bring in 
distinguished scholars for periods ranging from a few months to 
two years.'' To address the general lack of high quality 
scholars, the Committee has provided the Director of the 
Academy with the ability to appoint, for limited periods of 
time, scientific or technical employees to carry out the core 
functions of the Academy, specifically conducting research. The 
Director must be able to justify the appointment of such 
employees in a clear and convincing fashion. Up to sixty such 
highly qualified individuals may be hired for these purposes, 
but the Committee urges caution here.
    With greater flexibility comes increased responsibility on 
the part of the Director of the Academy. Care must be taken to 
ensure that individuals brought into the Academy are of the 
highest quality, and understand the mission of the Academy and 
the standards of research, evaluation, and data collection that 
reflect the field of science they represent. In addition to 
these employees there is a need to strengthen the national 
capacity to carry out high-quality research by maintaining a 
research fellowship program to include historically black 
colleges, universities, and other institutions of higher 
education with large numbers of minority students, such as 
Hispanic serving institutions.

                                TITLE II


     REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL ASSISTANCE

    The need for an effective regional applied research and 
technical assistance function was stated clearly by Ann L. 
Bryant, Executive Director, National Schools Boards 
Association, who testified on February 28, 2002, that:

          The federal research agenda must be aimed in the 
        broadest sense toward raising student achievement. 
        There must be research into instructional methods and 
        strategies that focus on what works and what does not 
        work. And equally important, the research must be 
        usable by the practitioners. Teachers, administrators, 
        and school board members have different roles within a 
        school district, but they all need reliable, high-
        quality information in a format that works for them.

    The current federal delivery system of technical assistance 
and applied research is, for the most part, ineffective, 
unknown, and disorganized. In many instances, the customers of 
technical assistance and applied research--States, districts, 
schools, teachers, and parents--don't even know these services 
are available. In those instances where the customers are aware 
of these products and services, some have consistently 
indicated that such assistance has marginal impact and does not 
have a solid research base, let alone scientifically based 
research.
    In fact, experts and policymakers have stated that the 
current system has uneven quality and performance and is in 
need of reform. Maris Vinovskis stated that ``* * * the public 
and policy makers still have not received the adequate and 
reliable information needed to ensure that all our children 
have a real chance of succeeding in school.'' Christopher Cross 
has said, ``One of the problems faced at all levels is that the 
average consumer of information simply doesn't know whom to 
believe, or what research to trust.''
    Further, in perhaps one of the most critical reviews of the 
current system, Christopher Cross testified that, ``Currently, 
the U.S Department of Education operates a confusing array of 
technical assistance arms, ranging from the OERI labs to 
similar organizations in Title I and in special education. 
Although some attempts have been made to merge them, most of 
these technical assistance arms still remain; and because of 
the way they are structured, a school or district might receive 
different information about the same or similar problems from 
different providers.''
    In addition, the National Directions in Education Research 
Planning Conference report had this to say:

          The most prominent [problem] is that educational 
        research has yet to find a way to relate effectively 
        with the teachers and other educators or policymakers 
        whom it serves * * * neither practitioners nor 
        policymakers are able to judge the significance of any 
        particular research enterprise or result. Educators 
        need clear straightforward statements of `what the 
        research says' even as they accept the responsibility 
        for adapting its implications in the context. Scholarly 
        syntheses appear regularly in the many subdisciplines 
        of educational research, but they are rarely drawn 
        together across disciplines or focused on the needs of 
        the users in policy and practice. (U.S. Department of 
        Education, National Educational Research Policy and 
        Priorities Board, Washington, DC, November 1998)

    However, some have found assistance through existing 
regional education laboratories and the comprehensive regional 
assistance centers to be helpful and found these institutions 
to be responsive to their needs, as Dr. Douglas Christensen, 
Commissioner, Nebraska Department of Education, testified at 
the February 28, 2002 hearing.
    Indeed, the Department's own evaluation of the regional 
education laboratories and the comprehensive regional 
assistance centers pointed out serious flaws in their service 
to the customers in the regions. For example, each regional 
education laboratory was cited for not demonstrating the impact 
of their work on student outcomes. In addition, a common 
recurring thread is that customers were not aware of the 
services, the regional education laboratories orcomprehensive 
regional assistance centers were not responsive to customer concerns 
and needs, and the regional education laboratories and comprehensive 
regional assistance centers did not ensure their products and services 
were useful, timely or effective. However, this same evaluation found 
the products and services requested by customers of the regional 
education laboratories were frequently utilized.
    Further, the Department's evaluations attempt to paint a 
general picture of the centers, but it is clear that some 
centers are performing better than others, and the poor 
performers should not benefit from the strengths of other 
centers. For example, ``the reviewers found a number of study 
designs that limited the generalizability of practical 
applications of the research findings. Often, for example, a 
study would examine a number of exemplary sites with no control 
groups or contrasting case studies. * * * As one review panel 
put it, the center's research must be conceptualized in ways 
that lead to knowledge that will help the improvement of 
teaching for all students, not just those fortunate enough to 
have exemplary teachers or go to exemplary schools.'' In 
addition, ``[There were a] significant number of places and 
issues where the center is unwisely not accepting the signals 
that this work is not amounting to much.'' (Interim Evaluation 
of the Regional Educational Laboratories, U.S. Department of 
Education, Decision Information Resources, Inc., Washington, 
DC, December 1999)
    Consequently, the Committee undertook a reorganization and 
reform of the current structure and intends for this Title of 
the Act to be a critical component of the Department's efforts 
to provide States, districts, schools, teachers, and parents 
with high-quality, timely, and relevant technical assistance 
and applied research.
    The Regional Educational Applied Research and Technical 
Assistance Act is to be implemented by the Secretary and 
located in the Department. Although the Director and the 
Academy are to be apprised of the needs of the regions and the 
Secretary's contracting decisions, the authority to oversee 
regional applied research and technical assistance lies 
exclusively with the Secretary.
    Ten regions of the nation, as they are defined under 
current law (section 941(h) of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994), are 
established to serve the needs of the States, districts and 
schools in that region for technical assistance and applied 
research.
    A regional advisory committee is established in each region 
by the Governor in consultation with the chief State school 
officer, and will conduct a needs assessment, develop a 5-year 
plan to serve the needs of the States in the region, and submit 
the plan to the Secretary for approval. To establish the 
regional advisory committees, the Secretary is authorized to 
provide startup grants not to exceed $150,000 and one-year in 
duration. The committees will use the funds to conduct a survey 
of regional needs, including a process of open hearings to 
solicit input and advice from the stakeholders and customers in 
the region. The regional advisory committees are to submit 
these identified needs to the Secretary, and then remain 
inactive until the end of the five-year plan, whereupon they 
will be reconstituted by the Governors and chief State school 
officers to develop the next 5-year plan.
    The Secretary will award contracts to regional entities on 
a competitive basis to reflect the needs identified in the 
survey of regional needs completed by the regional advisory 
committees. The Secretary will contract with at least two 
entities in each region--one providing technical assistance and 
the other applied research. The technical assistance entity is 
charged with providing States, districts and schools with 
assistance in administering and implementing programs and 
activities under the No Child Left Behind Act. Moreover, the 
applied research entity will focus on providing scientifically 
valid education research on improving academic achievement and 
narrowing achievement gaps generally, and, at a minimum, on 
teaching and assessment tools in the core academic areas of 
reading and math. Importantly, the Committee notes that the 
regional applied research entity is to carry out applied 
research in those areas where quality applied research does not 
already exist in the region (as determined under the regional 
advisory committee survey of needs).
    Entities wishing to serve the needs of the region and enter 
into contracts with the Department must submit an application 
to the Secretary. To facilitate a transition from the old 
system to the new, entities with existing contracts with the 
Secretary are allowed to complete them under existing terms and 
conditions. For example, the Eisenhower Regional Mathematics 
and Science Education Consortia, the Regional Technology in 
Education Consortia, and the Regional Educational Laboratories 
would continue their existing contracts. The Comprehensive 
Regional Assistance Centers, whose contracts end in 2002, could 
be extended for another 2 years.
    Before entering into contracts with regional entities, the 
Secretary must develop specific objectives and measurable 
indicators to assess the progress and performance of 
contractors. Each regional entity that receives a grant from 
the Secretary will be governed by a board consisting of not 
more than 20 members, who are representatives of the region. 
There will be one regional entity board in each region that is 
the sole entity to oversee the activities of the regional 
entities receiving contracts from the Secretary. The regional 
entity board will guide and direct the regional entities 
receiving contracts, ensure high quality work, establish 
standards and coordinate its activities with other entities in 
the region, and ensure the entities undertake activities 
consistent with the plan developed by the regional advisory 
committee for that region. In addition, the regional entity 
boards are to ensure the entities give priority to schools and 
districts with high percentages or numbers of low-income 
students and schools that have been identified for school 
improvement under section 1116 of the No Child Left Behind Act.
    The Committee has also required the Secretary to solicit 
public input, including from Governors, chief State school 
officers, educators, and parents before entering into a 
contract under this Act. In addition, it should be noted that 
the Committee intends that the Department, the Academy, or any 
grant, contract or cooperative agreement recipient avoid 
creating products that are duplicative of high quality, 
research-based products that already exist in the marketplace. 
Finally, to help ensure that regional entities serve the needs 
of the regions through high-quality and responsive assistance 
and research, the Secretary is to provide for ongoing, 
independent evaluations of the regional entities, the results 
of which are to be transmitted to Congress and to the Directory 
of the Academy of Education Sciences.
    The Committee notes that the freely associated States of 
the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau shall remain eligible for 
technical assistance under Title II of this Act to the extent 
such technical assistance is provided to the States and local 
governments of the United States for which a freely associated 
State was eligible on October 1, 1999. However, the Committee 
notes a difference between Hawaii and the other outlying areas 
and the freely associated States based upon the compacts that 
exist in law for the freely associated States. The Committee 
intends that the freely associated States be represented on the 
regional advisory committee described in section 204 and 
regional entity boards described in section 206 on a 
representative basis, taking into consideration their external 
association with the United States, so that they do not exceed 
the representation of the outlying areas in the region or of 
Hawaii.
    The Committee believes it has made great progress toward 
creating a regional technical assistance and applied research 
system that answers Ann Bryant's concerns:

          The ESEA contains more than one hundred references to 
        ``scientifically based research.'' The bar has been 
        raised for school districts to have programs that meet 
        the detailed definition of scientifically based 
        research. Many questions exist as to exactly how many 
        programs and practices meet this new requirement and 
        how much research exists to support this requirement, 
        which underscores the need for adequate funding for 
        high quality educational research that is disseminated 
        to local practitioners.

                               TITLE III


    The National Assessment Governing Board (NAGB) and the National 
                Assessment of Education Progress (NAEP)

    The Committee intends that there be no change and has no 
intention of creating a perception of change in the 
relationship between the Secretary of Education, the Assistant 
Secretary for OERI (the Director under this legislation), and 
the National Assessment Governing Board from that described in 
current law. Also, the Committee does not intend for there to 
be any change in the manner in which the Commissioner of 
Education Statistics administers NAEP. The Center for 
Statistics will continue to provide the technical expertise for 
the collection of sample test data on student progress in 
reading, math, science and other subjects as time and money 
allow.
    The Committee transfers current sections 411 and 412 of the 
National Education Statistics Act of 1994 (as amended by the No 
Child Left Behind Act of 2001), relating to the National 
Assessment of Educational Progress and the National Assessment 
Governing Board, to title III of the bill without amendment, 
except for editorial changes needed to reflect the terminology 
and structure (i.e., the lack of an Advisory Council on 
Education Statistics) of the Academy established by title I of 
the bill. The Committee has done this to highlight the 
important role of the National Assessment in monitoring the 
academic achievement of all students, which was fully 
considered in the recently enacted No Child Left Behind Act. As 
stated in section 114(a)(2) of the bill, in establishing the 
Academy, the Committee does not intend to alter or diminish in 
any way the role, responsibilities, or authority of the 
National Assessment Governing Board with respect to the 
National Assessment from that authorized by current law, which 
was also fully considered as part of the No Child Left Behind 
Act.

                               Conclusion

    Flexibility, competition, resources, high standards of 
research, a focused agenda, and establishing a culture of 
science are all ingredients of this new effort to strengthen 
the Academy of Education Sciences. The Committee's vision is to 
reform OERI and the federal role in research, statistics, and 
evaluation from a situation where, as Dr. Reid Lyon described 
it:

          The investments we have made in research for the last 
        30 years have been investments that have been realized 
        by mediocrity, by limited rigor, and by a 
        misunderstanding on a large part of the research 
        community how in fact to even do the research we 
        drastically need. It is no wonder that teachers have no 
        trust in having research guide their practice, because 
        research that is not done well, that is not of good 
        quality, does not inform and should not be trusted.

    Instead, it is the Committee's view that the new Academy 
will help identify and offer solutions to improving academic 
achievement for all children and closing achievement gaps.

          Finally, research has confirmed what Euclid told King 
        Ptolemy: there is no royal road to learning. Learning 
        is cumulative, and at first it is slow. Knowledge 
        gradually builds on knowledge; the principle behind 
        intellectual capital is that it takes knowledge to make 
        knowledge. Because of the cumulative character of 
        learning, the educational conditions of early life 
        exercise a very powerful influence on later 
        competencies. Small early deficits tend to become large 
        deficiencies in later life; conversely, small initial 
        advantages tend to grow into large ones later. (E.D. 
        Hirsch, the Schools We Need: and Why We Don't Have 
        Them, Doubleday, New York, 1996, Pg. 225)

                      Section-by-Section Analysis


                   TITLE I--EDUCATION SCIENCES REFORM

    Section 101--states the short title as the ``Education 
Sciences Reform Act of 2002.''
    Section 102--contains the table of contents for this title.

Part A--Academy of Education Sciences

    Section 111--establishes an Academy of Education Sciences 
(Academy) within the Department of Education (Department), to 
be administered by a Director and a board of directors, and 
sets forth the Academy's mission.
    Section 112--contains the organizational structure of the 
Academy.
    Section 113--sets forth functions of the Academy.
    Section 114--sets forth provisions regarding the delegation 
of authority from the Secretary of Education to the Director of 
the Academy.
    Section 115--sets forth provisions regarding the Office of 
the Director, including the Director's appointment, term of 
service, compensation, qualifications, duties, and option to 
establish technical and scientific peer-review groups and 
scientific program advisory committees that would offer expert 
guidance and assistance in carrying out this title.
    Section 116--contains provisions pertaining to the 
Academy's priorities.
    Section 117--establishes a board of directors for the 
Academy to be known as the National Board for Education 
Sciences (Board) and contains provisions regarding its duties, 
composition, procedures, option to establish standing 
committees, and obligation to submit a report on the 
effectiveness of the Academy in carrying out its priorities and 
mission and a report regarding any recommendations that relate 
to actions that could be taken to enhance the Academy's ability 
to carry out its priorities and mission.
    Section 118--sets forth provisions pertaining to the 
appointment of Commissioners for the National Education Centers 
by the Director and sets forth provisions for the 
Commissioners' compensation, qualifications, service, and 
removal.
    Section 119--establishes within the Academy an Office of 
Educational Resources and Dissemination and sets forth 
provisions for its duties, requires the Director to continue 
the existing awards of the Educational Resources Information 
Center Clearinghouses, and further establishes a National 
Library of Education within the Office.

Part B--National Center for Education Research

    Section 131--establishes within the Academy a National 
Center for Education Research (Research Center) and sets forth 
its mission.
    Section 132--states that a Commissioner for Education 
Research (Research Commissioner) shall head the Research Center 
and contains requirements for the Research Commissioner's 
qualifications.
    Section 133--states the general duties for the Research 
Commissioner; determines eligibility for recipients of 
contracts, grants, or cooperative agreements from the Research 
Center; sets forth provisions for evaluative summaries of 
research priorities; and contains provisions pertaining to 
national research and development centers.
    Section 134--sets forth provisions regarding a biennial 
report.
    Section 135--contains provisions regarding standards for 
conduct and the evaluation of research, sets forth provisions 
pertaining to the awarding of funds for research, and 
establishes provisions regarding long-term research.

Part C--National Center for Education Statistics

    Section 151--establishes within the Academy a National 
Center for Education Statistics (Statistics Center) and sets 
forth its mission.
    Section 152--states that a Commissioner for Education 
Statistics (Statistics Commissioner) shall head the Statistics 
Center and contains requirements for the Statistics 
Commissioner's qualifications.
    Section 153--states the general duties of the Statistics 
Center and contains provisions regarding a training program.
    Section 154--sets forth provisions for the performance of 
duties regarding contracts, grants, and cooperative agreements; 
and contains provisions pertaining to information gathering.
    Section 155--requires the Statistics Commissioner, in 
consultation with the Director, to establish procedures for the 
issuance of reports, and sets forth provisions regarding a 
report on the condition and progress of education in the United 
States and statistical reports.
    Section 156--sets forth provisions for the dissemination of 
information by the Statistics Center.
    Section 157--allows the Statistics Center to establish one 
or more national cooperative education statistics systems.
    Section 158--contains a definition for State.

Part D--National Center for Education Evaluation

    Section 171--establishes within the Academy a National 
Center for Education Evaluation (Evaluation Center) and sets 
forth its mission.
    Section 172--states that a Commissioner for Education 
Evaluation (Evaluation Commissioner) shall head the Evaluation 
Center, sets forth provisions regarding the Evaluation 
Commissioner's qualifications and duties, and allows the 
Director, acting through the Evaluation Center, to award 
grants, enter into contracts and cooperative agreements, and 
provide technical assistance.
    Section 173--contains general duties of the Director, 
acting through the Evaluation Commissioner; establishes 
additional requirements for conducting evaluations; and sets 
forth provisions regarding the administration of evaluations 
under Title I of the Elementary and Secondary Education Act of 
1965.

Part E--General Provisions

    Section 181--contains definitions.
    Section 182--requires the Secretary, in consultation with 
the Director, to ensure that the Department and the Academy use 
common sources of data in standardized formats.
    Section 183--sets forth prohibitions regarding the 
development of a national database, the federal government and 
use of federal funds, the endorsement of curriculum, and 
federally sponsored testing.
    Section 184--sets forth confidentiality provisions 
regarding Academy data and student information.
    Section 185--states that Academy data shall be made 
available to the public.
    Section 186--sets forth provisions regarding customer 
service and satisfaction.
    Section 187--sets forth provisions pertaining to 
publication, peer review, and advance copies of information.
    Section 188--contains provisions for vacancies.
    Section 189--sets forth provisions pertaining to scientific 
or technical employees.
    Section 190--allows for voluntary service to the Academy.
    Section 191--establishes fellowships and encourages the 
participation of minorities and women.
    Section 192--sets forth provisions regarding rulemaking.
    Section 193--contains provisions pertaining to the 
authorization of appropriations.

     TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL 
                               ASSISTANCE

    Section 201--states the short title as the ``Regional 
Assistance Act of 2002.''
    Section 202--contains the table of contents for this title.
    Section 203--sets forth provisions regarding the regional 
educational applied research and technical assistance entities 
(regional entities).
    Section 204--establishes regional advisory committees and 
their composition, authority and duty to create and submit a 
plan to the Secretary and Director that is focused on serving 
the educational needs of all States and, to the extent 
practicable, local educational needs within their regions.
    Section 205--establishes grants to support the activities 
of the regional advisory committees, contains provisions 
regarding the application for the grants, and sets forth 
provisions regarding subsequent grants.
    Section 206--contains provisions pertaining to regional 
entity boards.
    Section 207--requires the Secretary to seek input before 
entering into a contract under this title.
    Section 208--allows the Secretary to establish annual 
priorities for the regional entities and requires the Secretary 
to provide for ongoing independent evaluations of the regional 
entities receiving grants, contracts, or cooperative 
agreements.
    Section 209--contains provisions pertaining to the 
authorization of appropriations.
    Section 210--states that Part E of the Education Sciences 
Reform Act of 2002 applies to this title, as appropriate, 
except that any responsibilities assigned solely to the 
Director of the Academy of Education Sciences shall be the 
responsibility of the Secretary.

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

    Section 301--states the short title as the ``National 
Assessment of Educational Progress Authorization Act.''
    Section 304--contains a definition for State.
    Section 305--contains provisions pertaining to the 
authorization of appropriations.

                    TITLE IV--AMENDATORY PROVISIONS

    Section 401--amends sections 408, 411 and 412 of the 
National Education Statistics Act of 1994.
    Section 402--makes amendments to the Department of 
Education Organization Act.
    Section 403--repeals provisions of current law.
    Section 404--provides conforming and technical amendments 
to current law.
    Section 405--states that this Act and the amendments made 
by this Act shall take effect on October 1, 2002.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. The purpose of H.R. 3801 is to provide national 
leadership in expanding fundamental knowledge and understanding 
of education; to conduct valid scientific research using 
standards of research that will result in findings that can be 
used by classroom teachers to improve academic achievement for 
all students; to provide the educators and the general public 
with reliable information about the condition and progress of 
education in the United States; to evaluate and determine the 
effectiveness of federal education programs; to establish a 
culture of scientific inquiry in education research, evaluation 
and data collection; and to widely disseminate this information 
to the public. The bill does not prevent legislative branch 
employees from receiving the benefits of this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 3801 amends programs for research in education. 
As such, the bill does not contain any unfunded mandates.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the body of this report.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 3801 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 3, 2002.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3801, the 
Education Sciences Reform Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong.
            Sincerely,
                                          Barry B. Anderson
                                   (For Dan. L. Crippen, Director).
    Enclosure.

H.R. 3801--Education Sciences Reform Act of 2002

    Summary: H.R. 3801 would restructure and reauthorize 
programs authorized under the National Education Statistics Act 
of 1994, and the Educational Research, Development, 
Dissemination, and Improvement Act of 1994. These programs 
currently are authorized through 2002. H.R. 3801 would 
reorganize and reauthorize these programs through 2008.
    The bill would authorize total appropriations of $701 
million in 2003. CBO estimates that total authorizations under 
H.R. 3801 would amount to about $4.4 billion over the 2003-2008 
period, assuming that annual levels are adjusted to keep pace 
with inflation when specific annual authorizations are not 
provided. (Without such inflation adjustments, total 
authorizations would be about $4.2 billion over the 2003-2008 
period.) CBO estimates that appropriations of the authorized 
levels would result in additional outlays of $3.7 billion over 
the 2003-2008 period if inflation adjustments are included (and 
about $3.5 billion without inflation adjustments).
    Enacting the bill would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
H.R. 3801 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3801 is shown in Table 1. The costs of 
this legislation fall within budget function 500 (education, 
training, employment, and social services).

          TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 3801, THE EDUCATION SCIENCES REFORM ACT OF 2002
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, in millions of dollars--
                                                  --------------------------------------------------------------
                                                     2002     2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                         With Adjustments For Inflation

Spending Under Current Law:
    Budget Authority \1\.........................      444        0        0        0        0        0        0
    Estimated Outlays............................      366      317       89        0        0        0        0
Total Proposed Changes:
    Estimated Authorization Level................        0      701      716      730      744      760      775
    Estimated Outlays............................        0      175      564      716      731      745      760
Spending Under H.R. 3801:
    Estimated Authorization Level................      444      701      716      730      744      760      775
    Estimated Outlays............................      366      492      653      716      731      745      760

                                        Without Adjustments For Inflation

Spending Under Current Law:
    Budget Authority \1\.........................      444        0        0        0        0        0        0
    Estimated Outlays............................      366      317       89        0        0        0        0
Total Proposed Changes:
    Estimated Authorization Level................        0      701      701      701      701      701      701
    Estimated Outlays............................        0      175      561      701      701      701      701
Spending Under H.R. 3801:
    Estimated Authorization Level................      444      701      701      701      701      701      701
    Estimated Outlays............................      366      492      650      701      701      701      701
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the National Education
  Statistics Act and the Educational Research, Development, Dissemination, and Improvement Act.

    Basis of estimate: H.R. 3801 would reorganize and 
reauthorize programs created under the National Education 
Statistics Act and the Educational Research, Development, 
Dissemination, and Improvement Act. All programs would be 
reauthorized at specific levels for 2003 and for such sums as 
may be necessary for 2004 through 2008.
    H.R. 3801 would increase authorized levels by $701 million 
in 2003 and by an estimated $4.4 billion over the 2003-2008 
period assuming that ``such sums'' amounts provided after 2003 
are adjusted for inflation. If the authorized amounts are 
appropriated, outlays would increase relative to current law by 
$175 million in the first year and by $3.7 billion over the 
six-year period. (Without inflation adjustments, the increased 
authorizations would result in outlays of $3.5 billion over the 
six years.)
    Table 2 presents CBO's estimates with inflation adjustments 
for the various components of each title under H.R. 3801. The 
bill specifies authorization levels for 2003 and CBO's estimate 
of authorization levels for subsequent years reflect inflation 
adjustments to the 2003 amounts. The estimated outlays reflect 
historical rates of spending for the affected programs.

Title I--Education Sciences Reform

    Title I of H.R. 3801 would create an Academy of Education 
Sciences to replace the current Office of Education, Research, 
and Improvement. The bill would authorize a total of $400 
million for 2003 for title I. CBO estimates the total funding 
for title I for the 2003-2008 period would be $2.5 billion, 
assuming adjustments for inflation, with resulting outlays of 
$2.1 billion over those six years.
    Part A--Academy of Education Sciences. The academy would 
continue to support and conduct education research and 
statistics activities, although the bill is more specific than 
current law as to certain characteristics of the activities to 
be funded. The academy would oversee the National Education 
Centers created in Parts B, C, and D and would be run by a 
director and overseen by a National Board for Education 
Sciences. Although more autonomous in structure, the academy 
would remain part of the Department of Education.
    Part B--National Center for Education Research. This new 
center would be created to create national leadership in 
expanding knowledge and understanding of education--
particularly to improve teaching and learning of reading, 
writing, mathematics, science and other academic subjects. The 
center would develop a research plan and award grants and 
contracts for research consistent with the plan.
    Part C--National Center for Education Statistics. Part C 
would reauthorize the National Center for Education Statistics. 
The center would continue to collect and analyze data and 
report the information in a relevant and useful way to 
practitioners, researchers, policymakers, and the public.

  TABLE 2.--DETAILED EFFECTS OF H.R. 3801, THE EDUCATION AND SCIENCES REFORM ACT OF 2002, WITH ADJUSTMENTS FOR
                                                    INFLATION
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, in millions of dollars--
                                                  --------------------------------------------------------------
                                                     2002     2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority \1\.........................      444        0        0        0        0        0        0
    Estimated Outlays............................      366      317       89        0        0        0        0
Proposed Changes:

        Title I--Education Sciences Reform

Academy of Education Sciences:
    Estimated Authorization Level................        0      400      408      416      425      433      442
    Estimated Outlays............................        0      100      322      409      417      425      434

 Title II--Regional Educational Applied Research
             and Technical Assistance

Regional Entities:
    Estimated Authorization Level................        0      189      193      197      201      205      209
    Estimated Outlays............................        0       47      152      193      197      201      205

  Title III--National Assessment of Educational
                     Progress

National Assessment Governing Board:
    Estimated Authorization Level................        0        5        5        5        5        5        5
    Estimated Outlays............................        0        1        4        5        5        5        5
National Assessment of Education Progress:
    Estimated Authorization Level................        0      108      110      112      114      116      119
    Estimated Outlays............................        0       27       87      110      112      114      117
Subtotal, Title III:
    Estimated Authorization Level................        0      112      114      117      119      121      124
    Estimated Outlays............................        0       28       90      115      117      119      122
Total Proposed Changes:
    Estimated Authorization Level................        0      701      716      730      744      760      775
    Estimated Outlays............................        0      175      564      716      731      745      760
Spending Under H.R. 3801:
    Estimated Authorization Level \1\............      444      701      716      730      744      760      775
    Estimated Outlays............................      366      492      653      716      731      745      760
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the National Education
  Statistics Act and the Educational Research, Development, Dissemination, and Improvement Act.

    Part D--National Center for Education Evaluation. This new 
center would coordinate evaluations of federal education 
programs administered by the Secretary of Education to 
determine the effectiveness of the programs, especially on 
student academic achievement in reading, mathematics, and 
science. The center would also administer all contracts 
associated with evaluations specified in the No Child Left 
Behind Act of 2001 (Public Law 107-110), which was signed into 
law in January 2002.
    Part E--General Provisions. Part E would authorize $400 
million in 2003 for the Academy of Education Sciences and its 
centers, and such sums as may be necessary for 2004 through 
2008. Funding in 2002 for comparable programs totaled $207 
million.

Title II--Regional Educational Applied Research and Technical 
        Assistance

    Title II would authorize a total of $189 million for 
regional entities in 2003 and would authorize such sums as may 
be necessary in 2004 through 2008. CBO estimates that 
implementing this title would cost $1.0 billion over the 2003-
2008 period.
    Existing organizations would apply to be a regional entity 
responsible for providing comprehensive applied research, 
development, and technical assistance to states, local 
educational agencies, and local organizations in at least 
reading, mathematics, science, and education technology. The 
regional entities would identify and address education needs in 
specific regions. They would be overseen by the Secretary of 
Education and governed by a Regional Entity Board. The regional 
entities would replace the existing regional educational 
centers and laboratories, which are funded at $126 million in 
2002.

Title III--National Assessment of Educational Progress

    Title III would authorize $4.6 million in 2003 for the 
National Assessment Governing Board and $107.5 million for 
National Assessment of Educational Progress (NAEP), and would 
authorize such sums as may be necessary in 2004 through 2008 
for both programs. Both NAEP and the National Assessment 
Governing Board were amended in the No Child Left Behind Act of 
2001 but funding was not reauthorized in the act. Funding for 
NAEP and the governing board in 2002 is $4.05 million and 
$107.5 million, respectively.
    Repeals. H.R. 3801 would repeal the National Education 
Statistics Act of 1994, Parts A through E and Parts K through N 
of the Educational Research, Development, Dissemination, and 
Improvement Act of 1994 (Title IX of the Goals 2000: Educate 
America Act), and paragraph (2) of section 401(b) of the 
Department of Education Organization Act.
    Pay as you go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3801 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Donna Wong; Impact on 
State, Local, and Tribal Governments: Elyse Goldman; and Impact 
on the Private Sector: Nabeel Alsalam.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    In accordance with Clause (3)(c) of House Rule XIII, the 
goal of H.R. 3801 is to authorize federal assistance for 
educational research. The Committee expects the Department of 
Education to comply with H.R. 3801 and implement the changes to 
the law in accordance with the changes.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by H.R. 3801. The 
Committee believes that the amendments made by this bill, which 
authorize appropriations for educational research, are within 
Congress' authority under Article I, section 8, clause 1 of the 
Constitution.

                           Committee Estimate

    Clauses 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3801. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                DEPARTMENT OF EDUCATION ORGANIZATION ACT


                     SHORT TITLE; TABLE OF CONTENTS

  Section 1. This Act may be cited as the ``Department of 
Education Organization Act''.

                            TABLE OF CONTENTS

Sec. 1. Short title; table of contents.
     * * * * * * *

                TITLE II--ESTABLISHMENT OF THE DEPARTMENT

Sec. 201. Establishment.
     * * * * * * *
[Sec. 208. Office of Educational Research and Improvement.]
Sec. 208. Academy of Education Sciences.
     * * * * * * *

               TITLE II--ESTABLISHMENT OF THE DEPARTMENT

           *       *       *       *       *       *       *


                           PRINCIPAL OFFICERS

  Sec. 202. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  [(4) There shall be in the Department an Assistant Secretary 
for Educational Research and Improvement who shall be--
          [(A) appointed by the President, by and with the 
        consent of the Senate; and
          [(B) selected (giving due consideration to 
        recommendations from the National Educational Research 
        Policy and Priorities Board) from among individuals 
        who--
                  [(i) are distinguished educational 
                researchers or practitioners;
                  [(ii) have proven management ability; and
                  [(iii) have substantial knowledge of 
                education within the United States.]
  (4) There shall be in the Department a Director of the 
Academy of Education Sciences who shall be appointed in 
accordance with section 115(a) of the Education Sciences Reform 
Act of 2002 and perform the duties described in that Act.

           *       *       *       *       *       *       *


            [OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

  [Sec. 208. There shall be in the Department an Office of 
Educational Research and Improvement, to be administered by the 
Assistant Secretary for Educational Research and Improvement 
appointed under section 202(b). The Assistant Secretary shall 
administer such functions concerning research, development, 
demonstration, dissemination, evaluation, and assessment 
activities as the Secretary shall delegate and such functions 
as set forth in the Educational Research, Development, 
Dissemination, and Improvement Act of 1994.]


                     ACADEMY OF EDUCATION SCIENCES


  Sec. 208. There shall be in the Department of Education an 
Academy of Education Sciences, which shall be administered in 
accordance with the Education Sciences Reform Act of 2002 by 
the Director appointed under section 115(a) of that Act.

           *       *       *       *       *       *       *


                  TITLE IV--ADMINISTRATIVE PROVISIONS

                      Part A--Personnel Provisions

                         OFFICERS AND EMPLOYEES

  Sec. 401. (a) * * *
  (b)(1) * * *
  [(2) At the request of the Secretary, the Director of the 
Office of Personnel Management shall, under section 3104 of 
title 5, United States Code, provide for the establishment in 
the Office created by section 208 of this Act of a number of 
scientific, professional, and technical positions outside of 
the General Schedule equal to the number of such positions 
which were used primarily for the performance of functions and 
offices transferred under this Act and which were assigned and 
filled on the day before the effective date of this Act.]

           *       *       *       *       *       *       *

                              ----------                              


               NATIONAL EDUCATION STATISTICS ACT OF 1994

                [TITLE IV--NATIONAL EDUCATION STATISTICS

[SEC. 401. SHORT TITLE.

  [This title may be cited as the ``National Education 
Statistics Act of 1994''.

[SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

  [(a) Findings.--The Congress finds that--
          [(1) a Department of Education was established in 
        1867 ``for the purpose of collecting such statistics 
        and facts as shall show the condition and progress of 
        education in the several States and territories, and of 
        diffusing such information respecting the organization 
        and management of schools and school systems and 
        methods of teaching as shall aid the people of the 
        United States in the establishment and maintenance of 
        efficient school systems, and otherwise promote the 
        cause of education throughout the United States'';
          [(2) today, while the role of the current Department 
        of Education is much broader, the National Center for 
        Education Statistics within the Office of Educational 
        Research and Improvement continues to perform those 
        crucial original purposes; and
          [(3) looking to the 21st century, the National Center 
        for Education Statistics must be able to design and 
        undertake, effectively and efficiently, statistical 
        activities that will aid in the reform of the Nation's 
        educational systems.
  [(b) Purpose.--It is the purpose of this title to ensure the 
continuation of an effective mechanism for collecting and 
reporting statistics and information showing the condition and 
progress of education in the United States and other nations in 
order to promote and accelerate the improvement of American 
education.
  [(c) Definitions.--For the purpose of this title and unless 
otherwise specified--
          [(1) the term ``Assistant Secretary'' means the 
        Assistant Secretary for Educational Research and 
        Improvement established under section 202(b)(1)(E) of 
        the Department of Education Organization Act;
          [(2) the term ``Department'' means the Department of 
        Education;
          [(3) the term ``institution of higher education'' has 
        the same meaning given such term in section 101 of the 
        Higher Education Act of 1965;
          [(4) the term ``local educational agency'' has the 
        same meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965;
          [(5) the term ``Secretary'' means the Secretary of 
        Education;
          [(6) the term ``State educational agency'' has the 
        same meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965; and
          [(7) the terms ``State'' and ``United States''--
                  [(A) other than for the purpose of section 
                411, mean each of the 50 States, the District 
                of Columbia, and the Commonwealth of Puerto 
                Rico; and
                  [(B) for the purpose of section 411, have the 
                same meaning given such terms in subparagraph 
                (A), except that such terms include Guam, 
                American Samoa, the Virgin Islands, the 
                Commonwealth of the Northern Mariana Islands, 
                the Republic of the Marshall Islands, the 
                Federated States of Micronesia, and Palau.

[SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

  [(a) Establishment.--There is established, within the Office 
of Educational Research and Improvement established under 
section 208 of the Department of Education Organization Act, a 
National Center for Education Statistics (hereafter in this 
title referred to as the ``Center'').
  [(b) Commissioner and Associate Commissioners.--
          [(1) Commissioner.--The Center shall be headed by a 
        Commissioner of Education Statistics (hereafter in this 
        title referred to as the ``Commissioner'') who shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate, and who shall--
                  [(A) have substantial knowledge of programs 
                assisted by the Center;
                  [(B) be paid in accordance with section 5315 
                of title 5, United States Code; and
                  [(C) serve for a term of four years, with the 
                terms to expire every fourth June 21, beginning 
                in 1995.
          [(2) Associate commissioners.--The Commissioner may 
        appoint such Associate Commissioners as the 
        Commissioner determines are necessary and appropriate.

[SEC. 404. DUTIES OF THE CENTER.

  [(a) Duties.--The duties of the Center are to collect, 
analyze, and disseminate statistics and other information 
related to education in the United States and in other nations, 
including--
          [(1) collecting, acquiring, compiling (where 
        appropriate, on a State by State basis), and 
        disseminating full and complete statistics on the 
        condition and progress of education, at the preschool, 
        elementary, secondary, and postsecondary levels in the 
        United States, including data on--
                  [(A) State and local education reform 
                activities;
                  [(B) student achievement at all levels of 
                education;
                  [(C) secondary school completions, dropouts, 
                and adult literacy;
                  [(D) educational access to and opportunity 
                for postsecondary education, including data on 
                financial aid to postsecondary students;
                  [(E) teaching, including data on course-
                taking, instruction, the conditions of the 
                education workplace, and the supply of, and 
                demand for, teachers, which may include data on 
                the proportions of women and men, cross-
                tabulated by race or ethnicity, teaching in 
                subjects in which such individuals have been 
                historically underrepresented;
                  [(F) the learning and teaching environment, 
                including data on libraries;
                  [(G) the incidence, frequency, seriousness, 
                and nature of violence affecting students, 
                school personnel, and other individuals 
                participating in school activities, as well as 
                other indices of school safety;
                  [(H) the financing and management of 
                education, including data on revenues and 
                expenditures; and
                  [(I) the social and economic status of 
                children;
          [(2) conducting and publishing reports and analyses 
        of the meaning and significance of such statistics;
          [(3) conducting longitudinal studies, as well as 
        regular and special surveys and data collections, 
        necessary to report on the condition and progress of 
        education;
          [(4) collecting, analyzing, cross-tabulating, and 
        reporting, to the extent feasible, so as to provide 
        information by gender, race, socioeconomic status, 
        limited-English proficiency, and other population 
        characteristics when such disaggregated information 
        would facilitate educational and policy 
        decisionmaking;
          [(5) assisting public and private educational 
        agencies, organizations, and institutions in improving 
        and automating statistical and data collection 
        activities; and
          [(6) acquiring and disseminating data on educational 
        activities and student achievement in the United States 
        compared with foreign nations.
  [(b) Training Program.--The Commissioner may establish a 
program to train employees of public and private educational 
agencies, organizations, and institutions in the use of the 
Center's standard statistical procedures and concepts and may 
establish a fellows program to appoint such employees as 
temporary fellows at the Center in order to assist the Center 
in carrying out its duties.

[SEC. 405. PERFORMANCE OF DUTIES.

  [(a) Grants, Contracts, and Cooperative Agreements.--
          [(1) In general.--In carrying out the Commissioner's 
        duties under this title, the Commissioner may award 
        grants, and enter into contracts and cooperative 
        agreements.
          [(2) 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 five 
        years, and may be renewed at the discretion of the 
        Commissioner for an additional period of not more than 
        five years.
  [(b) Gathering Information.--
          [(1) Sampling.--The Commissioner may use the 
        statistical method known as sampling to carry out the 
        purpose of this title.
          [(2) Source of information.--The Commissioner may, as 
        the Commissioner considers appropriate, use information 
        collected--
                  [(A) from States, local educational agencies, 
                public and private schools, preschools, 
                institutions of higher education, libraries, 
                administrators, teachers, students, the general 
                public, and such other individuals, 
                organizations, agencies, and institutions as 
                the Commissioner may consider appropriate; and
                  [(B) by other offices within the Department 
                and by other Federal departments, agencies, and 

                instrumentalities.
          [(3) Collection.--The 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 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 Federal efforts to 
        serve the educational needs of children and youth, the 
        Commissioner shall--
                  [(A) provide technical assistance to 
                Department offices that gather data for 
                statistical purposes; and
                  [(B) coordinate closely with other Department 
                offices in the collection of data.

[SEC. 406. REPORTS.

  [(a) Report on the Condition and Progress of Education.--The 
Commissioner shall, not later than June 1, 1995, and each 
succeeding June 1 thereafter, submit to the President and the 
Congress a statistical report on the condition and progress of 
education in the United States.
  [(b) Statistical Reports.--The Commissioner shall issue 
regular statistical reports to the President and Congress on 
such education topics as the Commissioner determines to be 
appropriate.
  [(c) Special Reports.--The Commissioner may, whenever the 
Commissioner considers it appropriate, issue special reports on 
particular education topics.

[SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

  [(a) Establishment.--There is established, within the Center, 
the Advisory Council on Education Statistics (hereafter in this 
title referred to as the ``Council'').
  [(b) Membership.--
          [(1) Composition.--The Council shall be composed of--
                  [(A) 18 voting members who are users of 
                education data and who are appointed by the 
                Secretary on the basis of their experience and 
                eminence within the field of education, of whom 
                at least--
                          [(i) three shall be practicing 
                        educators;
                          [(ii) three shall be education 
                        policymakers;
                          [(iii) three shall be professional 
                        statisticians;
                          [(iv) three shall be education 
                        researchers; and
                          [(v) three shall be experts in 
                        educational measurement;
                  [(B) three individuals representing the 
                general public, appointed by the Secretary;
                  [(C) the Director of the Census and the 
                Commissioner of Labor Statistics, as voting, ex 
                officio members; and
                  [(D) the Assistant Secretary and the 
                Commissioner, as nonvoting, ex officio members.
          [(2) Presiding officer.--The Commissioner shall 
        appoint the presiding officer of the Council from among 
        the voting members of the Council.
          [(3) Terms.--Members of the Council appointed under 
        paragraph (1)(A) shall be appointed for three-year 
        terms except that, in the case of initial appointments, 
        the Secretary shall make appointments for shorter terms 
        to the extent necessary to avoid the expiration of the 
        terms of more than six members in the same calendar 
        year.
          [(4) Meetings.--(A) The Council shall meet in public 
        session at the call of the presiding officer, except 
        that the Council shall meet--
                  [(i) at least two times during each calendar 
                year; and
                  [(ii) in addition, whenever ten voting 
                members request in writing that the presiding 
                officer call a meeting.
          [(B) Eleven voting members of the Council shall 
        constitute a quorum.
          [(5) Special rule.--The Council shall--
                  [(A) review general policies for the 
                operation of the Center and shall advise the 
                Commissioner on standards to ensure that 
                statistics and other information disseminated 
                by the Center are of high quality and are not 
                subject to partisan political influence; and
                  [(B) advise the Commissioner and the National 
                Assessment Governing Board on technical and 
                statistical matters related to the National 
                Assessment of Educational Progress.
          [(6) Staff.--The Council shall appoint a staff of not 
        more than six individuals with technical expertise to 
        enable the Council to carry out its duties.]

[Section 401(a)(6) of the bill strikes the section heading for section 
  408 of the National Education Statistics Act of 1994, transfers and 
    redesignates subsections (a) through (c), as amended below, as 
subsections (c) through (e), respectively, of section 184 of the bill.]

SEC. 408. CONFIDENTIALITY.

  (a) Confidentiality Standards.--
          (1) In general.--(A) The [Center] Director shall 
        develop and enforce standards designed to protect the 
        confidentiality of persons in the collection, 
        reporting, and publication of data under this title.
          (B) This section shall not be construed to protect 
        the confidentiality of information about institutions, 
        organizations, and agencies that receive grants from, 
        or have contracts or cooperative agreements with, the 
        Federal Government.
          (2) Prohibition.--No person may--
                  (A) use any individually identifiable 
                information furnished under this title for any 
                purpose other than a [statistical purpose] 
                research, statistics, or evaluation purpose 
                under this title;
                  (B) make any publication whereby the data 
                furnished by any particular person under this 
                title can be identified; or
                  (C) permit anyone other than the individuals 
                authorized by the [Commissioner] Director to 
                examine the individual reports.
  (b) Administration.--
          [(1) In general.--No department, bureau, agency, 
        officer, or employee of the Federal Government, except 
        the Commissioner in carrying out the purposes of this 
        title, shall require, for any reason, copies of reports 
        that have been filed under this title with the Center 
        or retained by any individual respondent. Copies of 
        such reports that have been so filed or retained with 
        the Center or any of the Center's employees, 
        contractors, or agents 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. This paragraph shall 
        apply only to individually identifiable information (as 
        defined in paragraph (5)(A)).]
          (1) In general.--
                  (A) Disclosure.--No Federal department, 
                bureau, agency, officer, or employee and no 
                recipient of a Federal grant, contract, or 
                cooperative agreement may, for any reason, 
                require the Director, any Commissioner of a 
                National Education Center, or any other 
                employee of the Academy to disclose 
                individually identifiable information that has 
                been collected or retained under this title.
                  (B) Immunity.--Individually identifiable 
                information collected or retained under this 
                title shall be immune from legal process and 
                shall not, without the consent of the 
                individual concerned, be admitted as evidence 
                or used for any purpose in any action, suit, or 
                other judicial or administrative proceeding.
                  (C) Application.--This paragraph does not 
                apply to requests for individually identifiable 
                information submitted by or on behalf of the 
                individual identified in the information.
          (2) Employee or staff violations.--Whoever, being or 
        having been an employee or staff member of the 
        Department, having taken or subscribed the oath of 
        office, or having sworn to observe the limitations 
        imposed by subsection [(a)(2)] (c)(2), knowingly 
        publishes or communicates any individually identifiable 
        information (as defined in paragraph (5)(A)), the 
        disclosure of which is prohibited by subsection 
        [(a)(2)] (c)(2), and that comes into such employee or 
        staff's possession by reason of employment (or 
        otherwise providing services) under this title, shall 
        be found guilty of a class E felony and imprisoned for 
        not more than five years, or fined as specified in 
        section 3571 of title 18, United States Code, or both.
          (3) Temporary staff.--The [Commissioner] Director may 
        utilize temporary staff, including employees of 
        Federal, State, or local agencies or instrumentalities 
        (including local educational agencies), and employees 
        of private organizations to assist the [Center] 
        Director in performing the [Center's] Director's 
        responsibilities, but only if such temporary staff are 
        sworn to observe the limitations imposed by this 
        section.
          (4) Information requirements.--No collection of 
        information or data acquisition activity undertaken by 
        the [Center] Director shall be subject to any review, 
        coordination, or approval procedure except as required 
        by the Director of the Office of Management and Budget 
        under the rules and regulations established pursuant to 
        chapter 35 of title 44, United States Code, except such 
        collection of information or data acquisition activity 
        may be subject to review or coordination if the 
        [Commissioner] Director determines that such review or 
        coordination is beneficial.
          (5) Definitions.--For the purposes of this section--
                  (A) the term ``individually identifiable 
                information'' means any record, response form, 
                completed survey, or aggregation thereof from 
                which information about particular individuals 
                may be revealed; and
                  (B) the term ``report'' means a response 
                provided by or about an individual to an 
                inquiry from the [Center] Director and does not 
                include a statistical aggregation from which 
                individually identifiable information cannot be 
                revealed.
          (6) Violations.--Any person who uses any data 
        provided by the [Center], Director in conjunction with 
        any other information or technique, to identify any 
        individual student, teacher, administrator, or other 
        individual and who knowingly discloses, publishes, or 
        uses such data for a purpose other than a statistical 
        purpose, or who otherwise violates subparagraph (A) or 
        (B) of subsection [(a)(2)] (c)(2), shall be found 
        guilty of a class E felony and imprisoned for not more 
        than five years, or fined as specified in section 3571 
        of title 18, United States Code, or both.
          (7) Access to reports or records.--Nothing in this 
        section shall restrict the right of the Secretary, the 
        Comptroller General of the United States, the Director 
        of the Congressional Budget Office, and the Librarian 
        of Congress, to gain access to any reports or other 
        records, including information identifying individuals, 
        in the [Center's] Director's possession, except that 
        the same restrictions on disclosure that apply under 
        paragraphs (1) and (6) shall apply to such individuals.
  (c) Investigation and Prosecution of Terrorism.--
          (1) In General.--Notwithstanding subsections (a) and 
        (b), the Attorney General (or any Federal officer or 
        employee, in a position not lower than an Assistant 
        Attorney General, designated by the Attorney General) 
        may submit a written application to a court of 
        competent jurisdiction for an ex parte order requiring 
        the Secretary to permit the Attorney General (or his 
        designee) to--
                  (A) collect reports, records, and information 
                (including individually identifiable 
                information) in the possession of the [center] 
                Director that are relevant to an authorized 
                investigation or prosecution of an offense 
                listed in section 2332b(g)(5)(B) of title 18, 
                United States Code, or an act of domestic or 
                international terrorism as defined in section 
                2331 of that title; and
                  (B) for official purposes related to the 
                investigation or prosecution of an offense 
                described in paragraph (1)(A), retain, 
                disseminate, and use (including as evidence at 
                trial or in other administrative or judicial 
                proceedings) such information, consistent with 
                such guidelines as the Attorney General, after 
                consultation with the Secretary, shall issue to 
                protect confidentiality.
          (2) Application and approval.--
                  (A) In general.--An application under 
                paragraph (1) shall certify that there are 
                specific and articulable facts giving reason to 
                believe that the information sought is 
                described in paragraph (1)(A).
                  (B) The court shall issue an order described 
                in paragraph (1) if the court finds that the 
                application for the order includes the 
                certification described in subparagraph (A).
                  (3) Protection.--An officer or employee of 
                the Department who, in good faith, produces 
                information in accordance with an order issued 
                under this subsection does not violate 
                subsection (b)(2) and shall not be liable to 
                any person for that production.

[SEC. 409. DISSEMINATION.

  [(a) General Requests.--
          [(1) In general.--The 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 Center shall provide State 
        and local educational agencies opportunities to suggest 
        the development of particular compilations of 
        statistics, surveys, and analyses that would assist 
        those educational agencies.
  [(b) Congressional Requests.--The Center shall furnish such 
special statistical compilations and surveys as the Congress 
may request.
  [(c) Joint Statistical Projects.--The Secretary may engage in 
joint statistical projects related to the purposes of this 
title, 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 Center shall, consistent 
        with section 408, cooperate with other Federal agencies 
        having a need for educational data in providing access 
        to educational data received by the Center.
          [(2) Interested parties.--The Center shall, in 
        accordance with such terms and conditions as the 
        Secretary may prescribe, provide all interested 
        parties, including public and private agencies and 
        individuals, direct access to data collected by the 
        Center for the purposes of research and acquiring 
        statistical information.

[SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

  [(a) In General.--The Commissioner may establish one or more 
national cooperative education statistics systems for the 
purpose of producing and maintaining, with the cooperation of 
the States, comparable and uniform information and data on 
elementary and secondary education, postsecondary education, 
and libraries, that are useful for policymaking at the Federal, 
State, and local levels. In carrying out this section, the 
Commissioner may provide technical assistance, and make grants 
and enter into contracts andcooperative agreements.
  [(b) Model Data System.--The Commissioner, working through 
the cooperative education statistics system, shall study, 
design, and pilot a model data system that will yield 
information about spending for administration at the school and 
local education agency levels.]

[Section 401(d)(11) of the bill transfers and redesignates section 411 
of the National Education Statistics Act of 1994, as amended below, as 
                       section 303 of the bill.]

SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

  (a) Establishment.--The [Commissioner] Commissioner for 
Education Statistics shall, with the advice of the [National 
Assessment Governing Board] Assessment Board established under 
section [412, and with the technical assistance of the Advisory 
Council established under section 407,] 302, carry out, through 
grants, contracts, or cooperative agreements with one or more 
qualified organizations, or consortia thereof, a National 
Assessment of Educational Progress, which collectively refers 
to a national assessment, State assessments, and a long-term 
trend assessment in reading and mathematics.
  (b) Purpose; State Assessments.--
          (1) Purpose.--The purpose of this section is to 
        provide, in a timely manner, a fair and accurate 
        measurement of student academic achievement and 
        reporting of trends in such achievement in reading, 
        mathematics, and other subject matter as specified in 
        this section.
          (2) Measurement and reporting.--The [Commissioner] 
        Commissioner for Education Statistics, in carrying out 
        the measurement and reporting described in paragraph 
        (1), shall--
                  (A) use a random sampling process which is 
                consistent with relevant, widely accepted 
                professional assessment standards and that 
                produces data that are representative on a 
                national and regional basis;
                  (B) conduct a national assessment and collect 
                and report assessment data, including 
                achievement data trends, in a valid and 
                reliable manner on student academic achievement 
                in public and private elementary schools and 
                secondary schools at least once every 2 years, 
                in grades 4 and 8 in reading and mathematics;
                  (C) conduct a national assessment and collect 
                and report assessment data, including 
                achievement data trends, in a valid and 
                reliable manner on student academic achievement 
                in public and private schools in reading and 
                mathematics in grade 12 in regularly scheduled 
                intervals, but at least as often as such 
                assessments were conducted prior to the date of 
                enactment of the No Child Left Behind Act of 
                2001;
                  (D) to the extent time and resources allow, 
                and after the requirements described in 
                subparagraph (B) are implemented and the 
                requirements described in subparagraph (C) are 
                met, conduct additional national assessments 
                and collect and report assessment data, 
                including achievement data trends, in a valid 
                and reliable manner on student academic 
                achievement in grades 4, 8, and 12 in public 
                and private elementary schools and secondary 
                schools in regularly scheduled intervals in 
                additional subject matter, including writing, 
                science, history, geography, civics, economics, 
                foreign languages, and arts, and the trend 
                assessment described in subparagraph (F);
                  (E) conduct the reading and mathematics 
                assessments described in subparagraph (B) in 
                the same year, and every other year thereafter, 
                to provide for 1 year in which no such 
                assessments are conducted in between each 
                administration of such assessments;
                  (F) continue to conduct the trend assessment 
                of academic achievement at ages 9, 13, and 17 
                for the purpose of maintaining data on long-
                term trends in reading and mathematics;
                  (G) include information on special groups, 
                including, whenever feasible, information 
                collected, cross tabulated, compared, and 
                reported by race, ethnicity, socioeconomic 
                status, gender, disability and limited English 
                proficiency; and
                  (H) ensure that achievement data are made 
                available on a timely basis following official 
                reporting, in a manner that facilitates further 
                analysis and that includes trend lines.
          (3) State assessments.--
                  (A) In general.--The [Commissioner] 
                Commissioner for Education Statistics--
                          (i) shall conduct biennial State 
                        academic assessments of student 
                        achievement in reading and mathematics 
                        in grades 4 and 8 as described in 
                        paragraphs [(1)(B) and (1)(E)] (2)(B) 
                        and (2)(E);
                          (ii) may conduct the State academic 
                        assessments of student achievement in 
                        reading and mathematics in grade 12 as 
                        described in paragraph [(1)(C)] (2)(C);
                          (iii) may conduct State academic 
                        assessments of student achievement in 
                        grades 4, 8, and 12 as described in 
                        paragraph [(1)(D)] (2)(D); and
                          (iv) shall conduct each such State 
                        assessment, in each subject area and at 
                        each grade level, on a developmental 
                        basis until the [Commissioner] 
                        Commissioner for Education Statistics 
                        determines, as the result of an 
                        evaluation required by subsection (f), 
                        that such assessment produces high 
                        quality data that are valid and 
                        reliable.
                  (B) Agreement.--
                          (i) In general.--States participating 
                        in State assessments shall enter into 
                        an agreement with the Secretary 
                        pursuant to subsection (d)(3).
                          (ii) Content.--Such agreement shall 
                        contain information sufficient to give 
                        States full information about the 
                        process for decision-making (which 
                        shall include the consensus process 
                        used), on objectives to be tested, and 
                        the standards for random sampling, test 
                        administration, test security, data 
                        collection, validation, and reporting.
                  (C) Review and release.--
                          (i) In general.--Except as provided 
                        in clause (ii), a participating State 
                        shall review and give permission for 
                        the release of results from any test of 
                        its students administered as a part of 
                        a State assessment prior to the release 
                        of such data. Refusal by a State to 
                        release its data shall not restrict the 
                        release of data from other States that 
                        have approved the release of such data.
                          (ii) Special rule.--A State 
                        participating in the biennial academic 
                        assessments of student achievement in 
                        reading and mathematics in grades 4 and 
                        8 shall be deemed to have given its 
                        permission to release its data if the 
                        State has an approved plan under 
                        section 1111 of the Elementary and 
                        Secondary Education Act of 1965.
          (4) Prohibited activities.--
                  (A) In general.--The use of assessment items 
                and data on any assessment authorized under 
                this section by an agent or agents of the 
                Federal Government to rank, compare, or 
                otherwise evaluate individual students or 
                teachers, or to provide rewards or sanctions 
                for individual students, teachers, schools or 
                local educational agencies is prohibited.
                  (B) Special rule.--Any assessment authorized 
                under this section shall not be used by an 
                agent or agents of the Federal Government to 
                establish, require, or influence the standards, 
                assessments, curriculum, including lesson 
                plans, textbooks, or classroom materials, or 
                instructional practices of States or local 
                educational agencies.
                  (C) Applicability to student educational 
                decisions.--Nothing in this section shall be 
                construed to prescribe the use of any 
                assessment authorized under this section for 
                student promotion or graduation purposes.
                  (D) Applicability to home schools.--Nothing 
                in this section shall be construed to affect 
                home schools, whether or not a home school is 
                treated as a home school or a private school 
                under State law, nor shall any home schooled 
                student be required to participate in any 
                assessment referenced or authorized under this 
                section.
          (5) Requirement.--In carrying out any assessment 
        authorized under this section, the [Commissioner] 
        Commissioner for Education Statistics, in a manner 
        consistent with subsection [(c)(2)] (c)(3), shall--
                  (A) use widely accepted professional testing 
                standards, objectively measure academic 
                achievement, knowledge, and skills, and ensure 
                that any academic assessment authorized under 
                this section be tests that do not evaluate or 
                assess personal or family beliefs and attitudes 
                or publicly disclose personally identifiable 
                information;
                  (B) only collect information that is directly 
                related to the appraisal of academic 
                achievement, and to the fair and accurate 
                presentation of such information; and
                  (C) collect information on race, ethnicity, 
                socioeconomic status, disability, limited 
                English proficiency, and gender.
          (6) Technical assistance.--In carrying out any 
        assessment authorized under this section, the 
        [Commissioner] Commissioner for Education Statistics 
        may provide technical assistance to States, localities, 
        and other parties.
  (c) Access.--
          (1) Public access.--
                  (A) In general.--Except as provided in 
                paragraph (3), parents and members of the 
                public shall have access to all assessment 
                data, questions, and complete and current 
                assessment instruments of any assessment 
                authorized under this section. The local 
                educational agency shall make reasonable 
                efforts to inform parents and members of the 
                public about the access required under this 
                paragraph.
                  (B) Timeline.--The access described in this 
                paragraph shall be provided within 45 days of 
                the date the request was made, in writing, and 
                be made available in a secure setting that is 
                convenient to both parties.
                  (C) Prohibition.--To protect the integrity of 
                the assessment, no copy of the assessment items 
                or assessment instruments shall be duplicated 
                or taken from the secure setting.
          (2) Complaints.--
                  (A) In general.--Parents and members of the 
                public may submit written complaints to the 
                [National Assessment Governing Board] 
                Assessment Board.
                  (B) Forwarding of complaints.--The [National 
                Assessment Governing Board] Assessment Board 
                shall forward such complaints to the 
                [Commissioner] Commissioner for Education 
                Statistics, the Secretary of Education, and the 
                State and local educational agency from within 
                which the complaint originated within 30 days 
                of receipt of such complaint.
                  (C) Review.--The [National Assessment 
                Governing Board] Assessment Board, in 
                consultation with the [Commissioner] 
                Commissioner for Education Statistics, shall 
                review such complaint and determine whether 
                revisions are necessary and appropriate. As 
                determined by such review, the Board shall 
                revise, as necessary and appropriate, the 
                procedures or assessment items that have 
                generated the complaint and respond to the 
                individual submitting the complaint, with a 
                copy of such response provided to the 
                Secretary, describing any action taken, not 
                later than 30 days after so acting.
                  (D) Report.--The Secretary shall submit a 
                summary report of all complaints received 
                pursuant to subparagraph (A) and responses by 
                the [National Assessment Governing Board] 
                Assessment Board pursuant to subparagraph [(B)] 
                (C) to the Chairman of the House Committee on 
                Education and the Workforce, and the Chairman 
                of the Senate Committee on Health, Education, 
                Labor, and Pensions.
                  (E) Cognitive questions.--
                          (i) In general.--The [Commissioner] 
                        Commissioner for Education Statistics 
                        may decline to make available through 
                        public means, such as posting on the 
                        Internet, distribution to the media, 
                        distribution through public agencies, 
                        or in response to a request under 
                        section 552 of title 5, United States 
                        Code, for a period, not to exceed 10 
                        years after initial use, cognitive 
                        questions that the [Commissioner] 
                        Commissioner for Education Statistics 
                        intends to reuse in the future.
                          (ii) Extension.--Notwithstanding 
                        clause (i), the [Commissioner] 
                        Commissioner for Education Statistics 
                        may decline to make cognitive questions 
                        available as described in clause (i) 
                        for a period longer than 10 years if 
                        the [Commissioner] Commissioner for 
                        Education Statistics determines such 
                        additional period is necessary to 
                        protect the security and integrity of 
                        long-term trend data.
          (3) Personally identifiable information.--
                  (A) In general.--The [Commissioner] 
                Commissioner for Education Statistics shall 
                ensure that all personally identifiable 
                information about students, their academic 
                achievement, and their families, and that 
                information with respect to individual schools, 
                remains confidential, in accordance with 
                section 552a of title 5, United States Code.
                  (B) Prohibition.--The [National Board] 
                Assessment Board, the [Commissioner] 
                Commissioner for Education Statistics, and any 
                contractor or subcontractor shall not maintain 
                any system of records containing a student's 
                name, birth information, Social Security 
                number, or parents' name or names, or any other 
                personally identifiable information.
          (4) Penalties.--Any unauthorized person who knowingly 
        discloses, publishes, or uses assessment questions, or 
        complete and current assessment instruments of any 
        assessment authorized under this section may be fined 
        as specified in section 3571 of title 18, United States 
        Code or charged with a class E felony.
  (d) Participation.--
          (1) Voluntary participation.--Participation in any 
        assessment authorized under this section shall be 
        voluntary for students, schools, and local educational 
        agencies.
          (2) Student participation.--Parents of children 
        selected to participate in any assessment authorized 
        under this section shall be informed before the 
        administration of any authorized assessment, that their 
        child may be excused from participation for any reason, 
        is not required to finish any authorized assessment, 
        and is not required to answer any test question.
          (3) State participation.--
                  (A) Voluntary.--Participation in assessments 
                authorized under this section, other than 
                reading and mathematics in grades 4 and 8, 
                shall be voluntary.
                  (B) Agreement.--For reading and mathematics 
                assessments in grades 4 and 8, the Secretary 
                shall enter into an agreement with any State 
                carrying out an assessment for the State under 
                this section. Each such agreement shall contain 
                provisions designed to ensure that the State 
                will participate in the assessment.
          (4) Review.--Representatives of State educational 
        agencies and local educational agencies or the chief 
        State school officer shall have the right to review any 
        assessment item or procedure of any authorized 
        assessment upon request in a manner consistent with 
        subsection (c), except the review described in 
        subparagraph (2)(C) of subsection (c) shall take place 
        in consultation with the representatives described in 
        this paragraph.
  (e) Student Achievement Levels.--
          (1) Achievement levels.--The [National Assessment 
        Governing Board] Assessment Board shall develop 
        appropriate student achievement levels for each grade 
        or age in each subject area to be tested under 
        assessments authorized under this section, except the 
        trend assessment described in subsection (b)(2)(F).
          (2) Determination of levels.--
                  (A) In general.--Such levels shall--
                          (i) be determined by--
                                  (I) identifying the knowledge 
                                that can be measured and 
                                verified objectively using 
                                widely accepted professional 
                                assessment standards; and
                                  (II) developing achievement 
                                levels that are consistent with 
                                relevant widely accepted 
                                professional assessment 
                                standards and based on the 
                                appropriate level of subject 
                                matter knowledge for grade 
                                levels to be assessed, or the 
                                age of the students, as the 
                                case may be.
                  (B) National consensus approach.--After the 
                determinations described in subparagraph (A), 
                devising a national consensus approach.
                  (C) Trial basis.--The achievement levels 
                shall be used on a trial basis until the 
                [Commissioner] Commissioner for Education 
                Statistics determines, as a result of an 
                evaluation under subsection (f), that such 
                levels are reasonable, valid, and informative 
                to the public.
                  (D) Status.--The [Commissioner] Commissioner 
                for Education Statistics and the Board shall 
                ensure that reports using such levels on a 
                trial basis do so in a manner that makes clear 
                the status of such levels.
                  (E) Updates.--Such levels shall be updated as 
                appropriate by the [National Assessment 
                Governing Board] Assessment Board in 
                consultation with the [Commissioner] 
                Commissioner for Education Statistics.
          (3) Reporting.--After determining that such levels 
        are reasonable, valid, and informative to the public, 
        as the result of an evaluation under subsection (f), 
        the [Commissioner] Commissioner for Education 
        Statistics shall use such levels or other methods or 
        indicators for reporting results of the National 
        Assessment and State assessments.
          (4) Review.--The [National Assessment Governing 
        Board] Assessment Board shall provide for a review of 
        any trial student achievement levels under development 
        by representatives of State educational agencies or the 
        chief State school officer in a manner consistent with 
        subsection (c), except the review described in 
        [subparagraph (2)(C)] paragraph (2)(C) of such 
        subsection shall take place in consultation with the 
        representatives described in this paragraph.
  (f) Review of National and State Assessments.--
          (1) Review.--
                  (A) In general.--The Secretary shall provide 
                for continuing review of any assessment 
                authorized under this section, and student 
                achievement levels, by one or more professional 
                assessment evaluation organizations.
                  (B) Issues addressed.--Such continuing review 
                shall address--
                          (i) whether any authorized assessment 
                        is properly administered, produces high 
                        quality data that are valid and 
                        reliable, is consistent with relevant 
                        widely accepted professional assessment 
                        standards, and produces data on student 
                        achievement that are not otherwise 
                        available to the State (other than data 
                        comparing participating States to each 
                        other and the Nation);
                          (ii) whether student achievement 
                        levels are reasonable, valid, reliable, 
                        and informative to the public;-
                          (iii) whether any authorized 
                        assessment is being administered as a 
                        random sample and is reporting the 
                        trends in academic achievement in a 
                        valid and reliable manner in the 
                        subject areas being assessed;
                          (iv) whether any of the test 
                        questions are biased, as described in 
                        section [412(e)(4)] 302(e)(4); and
                          (v) whether the appropriate 
                        authorized assessments are measuring, 
                        consistent with this section, reading 
                        ability and mathematical knowledge.
          (2) Report.--The Secretary shall report to the 
        Committee on Education and the Workforce of the House 
        of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate, the 
        President, and the Nation on the findings and 
        recommendations of such reviews.
          (3) Use of findings and recommendations.--The 
        [Commissioner] Commissioner for Education Statistics 
        and the [National Assessment Governing Board] 
        Assessment Board shall consider the findings and 
        recommendations of such reviews in designing the 
        competition to select the organization, or 
        organizations, through which the [Commissioner] 
        Commissioner for Education Statistics carries out the 
        National Assessment.
  (g) Coverage Agreements.--
          (1) Department of defense schools.--The Secretary and 
        the Secretary of Defense may enter into an agreement, 
        including such terms as are mutually satisfactory, to 
        include in the National Assessment elementary schools 
        and secondary schools operated by the Department of 
        Defense.
          (2) Bureau of indian affairs schools.--The Secretary 
        and the Secretary of the Interior may enter into an 
        agreement, including such terms as are mutually 
        satisfactory, to include in the National Assessment 
        schools for Indian children operated or supported by 
        the Bureau of Indian Affairs.

[Section 401(c)(12) of the bill transfers and redesignates section 412 
of the National Education Statistics Act of 1994, as amended below, as 
                       section 302 of the bill.]

SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

  (a) Establishment.--There is established the National 
Assessment Governing Board (hereafter in this title [referred 
to as the ``Board''] referred to as the ``Assessment Board''), 
which shall formulate policy guidelines for the National 
Assessment (carried out under section 303).
  (b) Membership.--
          (1) Appointment and composition.--The Assessment 
        Board shall be appointed by the Secretary and be 
        composed as follows:
                  (A) Two Governors, or former Governors, who 
                shall not be members of the same political 
                party.
                  (B) Two State legislators, who shall not be 
                members of the same political party.
                  (C) Two chief State school officers.
                  (D) One superintendent of a local educational 
                agency.
                  (E) One member of a State board of education.
                  (F) One member of a local board of education.
                  (G) Three classroom teachers representing the 
                grade levels at which the National Assessment 
                is conducted.
                  (H) One representative of business or 
                industry.
                  (I) Two curriculum specialists.
                  (J) Three testing and measurement experts, 
                who shall have training and experience in the 
                field of testing and measurement.
                  (K) One nonpublic school administrator or 
                policymaker.
                  (L) Two school principals, of whom one shall 
                be an elementary school principal and one shall 
                be a secondary school principal.
                  (M) Two parents who are not employed by a 
                local, State or Federal educational agency.
                  (N) Two additional members who are 
                representatives of the general public, and who 
                may be parents, but who are not employed by a 
                local, State, or Federal educational agency.
          (2) [Assistant secretary for educational research] 
        Director of the academy of education sciences.--The 
        [Assistant Secretary for Educational Research and 
        Improvement] Director of the Academy of Education 
        Sciences shall serve as an ex officio, nonvoting member 
        of the Assessment Board.
          (3) Balance and diversity.--The Secretary and the 
        Assessment Board shall ensure at all times that the 
        membership of the Assessment Board reflects regional, 
        racial, gender, and cultural balance and diversity and 
        that the Assessment Board exercises its independent 
        judgment, free from inappropriate influences and 
        special interests.
  (c) Terms.--
          (1) In general.--Terms of service of members of the 
        Assessment Board shall be staggered and may not exceed 
        a period of 4 years, as determined by the Secretary.
          (2) Service limitation.--Members of the Assessment 
        Board may serve not more than two terms.
          (3) Change of status.--A member of the Assessment 
        Board who changes status under subsection (b) during 
        the term of the appointment of the member may continue 
        to serve as a member until the expiration of such term.
          (4) Conforming provision.--Members of the Assessment 
        Board previously granted 3 year terms, whose terms are 
        in effect on the date of enactment of the Department of 
        Education Appropriations Act, 2001, shall have their 
        terms extended by 1 year.
  (d) Vacancies.--
          (1) In general.--
                  (A) Organizations.--The Secretary shall 
                appoint new members to fill vacancies on the 
                Assessment Board from among individuals who are 
                nominated by organizations representing the 
                type of individuals described in subsection 
                (b)(1) with respect to which the vacancy 
                exists.
                  (B) Nominations.--Each organization 
                submitting nominations to the Secretary with 
                respect to a particular vacancy shall nominate 
                for such vacancy six individuals who are 
                qualified by experience or training to fill the 
                particular Assessment Board vacancy.
                  (C) Maintenance of board.--The Secretary's 
                appointments shall maintain the composition, 
                diversity, and balance of the Assessment Board 
                required under subsection (b).
          (2) Additional nominations.--The Secretary may 
        request that each organization described in paragraph 
        (1)(A) submit additional nominations if the Secretary 
        determines that none of the individuals nominated by 
        such organization have appropriate knowledge or 
        expertise.
  (e) Duties.--
          (1) In general.--In carrying out its functions under 
        this section the Assessment Board shall--
                  (A) select the subject areas to be assessed 
                (consistent with section [411(b)] 303(b));
                  (B) develop appropriate student achievement 
                levels as provided in section [411(e)] 303(e);
                  (C) develop assessment objectives consistent 
                with the requirements of this section and test 
                specifications that produce an assessment that 
                is valid and reliable, and are based on 
                relevant widely accepted professional 
                standards;
                  (D) develop a process for review of the 
                assessment which includes the active 
                participation of teachers, curriculum 
                specialists, local school administrators, 
                parents, and concerned members of the public;
                  (E) design the methodology of the assessment 
                to ensure that assessment items are valid and 
                reliable, in consultation with appropriate 
                technical experts in measurement and 
                assessment, content and subject matter, 
                sampling, and other technical experts who 
                engage in large scale surveys[, including the 
                Advisory Council established under section 
                407];
                  (F) consistent with section [411] 303, 
                measure student academic achievement in grades 
                4, 8, and 12 in the authorized academic 
                subjects;
                  (G) develop guidelines for reporting and 
                disseminating results;
                  (H) develop standards and procedures for 
                regional and national comparisons; and
                  (I) take appropriate actions needed to 
                improve the form, content, use, and reporting 
                of results of any assessment authorized by 
                section [411] 303 consistent with the 
                provisions of this section and section 411.
          (2) Delegation.--The Assessment Board may delegate 
        any of the Board's procedural and administrative 
        functions to its staff.
          (3) All cognitive and noncognitive assessment 
        items.--The Assessment Board shall have final authority 
        on the appropriateness of all assessment items.
          (4) Prohibition against bias.--The Assessment Board 
        shall take steps to ensure that all items selected for 
        use in the National Assessment are free from racial, 
        cultural, gender, or regional bias and are secular, 
        neutral, and non-ideological.
          (5) Technical.--In carrying out the duties required 
        by paragraph (1), the Assessment Board may seek 
        technical advice, as appropriate, from the 
        [Commissioner and the Advisory Council on Education 
        Statistics] Commissioner for Education Statistics and 
        other experts.
          (6) Report.--Not later than 90 days after an 
        evaluation of the student achievement levels under 
        section [411(e)] 303(e), the Assessment Board shall 
        make a report to the Secretary, the Committee on 
        Education and the Workforce of the House of 
        Representatives, and the Committee on Health, 
        Education, Labor, and Pensions of the Senate describing 
        the steps the Assessment Board is taking to respond to 
        each of the recommendations contained in such 
        evaluation.
  (f) Personnel.--
          (1) In general.--In the exercise of its 
        responsibilities, the Assessment Board shall be 
        independent of the Secretary and the other offices and 
        officers of the Department.
          (2) Staff.--
                  (A) In general.--The Secretary may appoint, 
                at the request of the Assessment Board, such 
                staff as will enable the Assessment Board to 
                carry out its responsibilities.
                  (B) Technical employees.--Such appointments 
                may include, for terms not to exceed 3 years 
                and without regard to the provisions of title 
                5, United States Code, governing appointments 
                in the competitive service, not more than six 
                technical employees who may be paid 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.
  (g) Coordination.--The [Commissioner] Commissioner for 
Education Statistics and the Assessment Board shall meet 
periodically--
          (1) to ensure coordination of their duties and 
        activities relating to the National Assessment; and
          (2) for the [Commissioner] Commissioner for Education 
        Statistics to report to the Assessment Board on the 
        Department's actions to implement the decisions of the 
        Assessment Board.
  (h) Administration.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the Assessment 
Board, other than sections 10, 11, and 12 of such Act.

[SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated 
$65,000,000 for fiscal year 1995 and such sums as may be 
necessary for each of the four succeeding fiscal years to carry 
out this title (other than sections 411 and 412).
  [(b) National Assessment.--There are authorized to be 
appropriated $35,000,000 for fiscal year 1995 and such sums as 
may be necessary for each of the fiscal years 1996 and 1997 to 
carry out section 411.
  [(c) Governing Board.--There are authorized to be 
appropriated $3,000,000 for fiscal year 1995 and such sums as 
may be necessary for each of the fiscal years 1996 and 1997 to 
carry out section 412.]
                              ----------                              


                    GOALS 2000: EDUCATE AMERICA ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

             TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT

[Part A--General Provisions Regarding the Office of Educational Research 
                             and Improvement

[Sec. 911. Repeal.
[Sec. 912. Office of Educational Research and Improvement.
[Sec. 913. Assistant Secretary for Educational Research and Improvement.
[Sec. 914. Savings provision.
[Sec. 915. Existing grants and contracts.

   [Part B--National Educational Research Policy and Priorities Board

[Sec. 921. Establishment within Office of Educational Research and 
          Improvement.

                  [Part C--National Research Institutes

[Sec. 931. Establishment within the Office of Educational Research and 
          Improvement.

            [Part D--National Education Dissemination System

[Sec. 941. Establishment within Office of Educational Research and 
          Improvement.

                 [Part E--National Library of Education

[Sec. 951. Establishment within Office of Educational Research and 
          Improvement.]
     * * * * * * *

             TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT

SEC. 901. SHORT TITLE.

  This title may be cited as the ``Educational Research, 
Development, Dissemination, and Improvement Act of 1994''.

           *       *       *       *       *       *       *


    [PART A--GENERAL PROVISIONS REGARDING THE OFFICE OF EDUCATIONAL 
                        RESEARCH AND IMPROVEMENT

[SEC. 911. REPEAL.

  [(a) Repeal.--Section 405 of the General Education Provisions 
Act (20 U.S.C. 1221e) is repealed.
  [(b) Conforming Amendment.--The second sentence of section 
209 of the Department of Education Organization Act (20 U.S.C. 
3419) is amended by inserting ``and such functions as set forth 
in the Educational Research, Development, Dissemination, and 
Improvement Act of 1994'' after ``delegate''.

[SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

  [(a) Declaration of Policy Regarding Educational 
Opportunity.--
          [(1) In general.--The Congress declares it to be the 
        policy of the United States to provide to every 
        individual an equal opportunity to receive an education 
        of high quality regardless of race, color, religion, 
        sex, age, disability, national origin, or social class. 
        Although the American educational system has pursued 
        this objective, it has not been attained. Inequalities 
        of opportunity to receive high quality education remain 
        pronounced. To achieve the goal of quality education 
        requires the continued pursuit of knowledge about 
        education through research, development, improvement 
        activities, data collection, synthesis, technical 
        assistance, and information dissemination. While the 
        direction of American education remains primarily the 
        responsibility of State and local governments, the 
        Federal Government has a clear responsibility to 
        provide leadership in the conduct and support of 
        scientific inquiry into the educational process.
          [(2) Mission of office.--
                  [(A) The mission of the Office shall be to 
                provide national leadership in--
                          [(i) expanding fundamental knowledge 
                        and understanding of education;
                          [(ii) promoting excellence and equity 
                        in education; and the achievement of 
                        the National Educational Goals by 
                        spurring reform in the school systems 
                        of the United States;
                          [(iii) promoting the use and 
                        application of research and development 
                        to improve practice in the classroom; 
                        and
                          [(iv) monitoring the state of 
                        education.
                  [(B) The mission of the Office shall be 
                accomplished in collaboration with researchers, 
                teachers, school administrators, parents, 
                students, employers, and policymakers.
  [(b) Purpose and Structure of Office.--
          [(1) In general.--The Secretary, acting through the 
        Office, shall carry out the policies set forth in 
        subsection (a). In carrying out such policies, the 
        Office shall be guided by the Research Priorities Plan 
        developed by the Assistant Secretary working 
        collaboratively with the Board and which has been 
        approved by the Board.
          [(2) Administrative structure.--The Office shall be 
        administered by the Assistant Secretary and shall 
        include--
                  [(A) the National Educational Research Policy 
                and Priorities Board established by section 
                921;
                  [(B) the national research institutes 
                established by section 931;
                  [(C) the national education dissemination 
                system established by section 941;
                  [(D) the National Center for Education 
                Statistics; and
                  [(E) such other units as the Secretary deems 
                appropriate to carry out the purposes of the 
                Office.
          [(3) Authorized activities.--
                  [(A) Office.--In fulfilling its purposes 
                under this section, the Office is authorized 
                to--
                          [(i) conduct and support education-
                        related research activities, including 
                        basic and applied research, 
                        development, planning, surveys, 
                        assessments, evaluations, 
                        investigations, experiments, and 
                        demonstrations of national 
                        significance;
                          [(ii) disseminate the findings of 
                        education research, and provide 
                        technical assistance to apply such 
                        information to specific problems at 
                        school sites;
                          [(iii) collect, analyze, and 
                        disseminate data related to education, 
                        and to library and information 
                        services;
                          [(iv) promote the use of knowledge 
                        gained from research and statistical 
                        findings in schools, other educational 
                        institutions, and communities;
                          [(v) provide training in education 
                        research; and
                          [(vi) promote the coordination of 
                        education research and research support 
                        within the Federal Government, and 
                        otherwise assist and foster such 
                        research.
  [(c) Appointment of Employees.--
          [(1) In general.--The Assistant Secretary may 
        appoint, for terms not to exceed three 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 of 
        the Office as the Assistant Secretary considers 
        necessary to accomplish its functions, provided that--
                  [(A) 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;
                  [(B) 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;
                  [(C) the appointment of such employee is 
                necessary to provide the Office with scientific 
                or technical expertise which could not 
                otherwise be obtained by the Office through the 
                competitive service; and
                  [(D) the total number of such employees does 
                not exceed one-fifth of the number of full-
                time, regular scientific or professional 
                employees of the Office.
          [(2) Reappointment of employees.--The Assistant 
        Secretary may reappoint employees described in 
        paragraph (1) upon presentation of a clear and 
        convincing justification of need, for one additional 
        term not to exceed 3 years. All such employees shall 
        work on activities of the Office and shall not be 
        reassigned to other duties outside the Office during 
        their term.
  [(d) Authority To Publish.--
          [(1) In general.--The Assistant Secretary is 
        authorized to prepare and publish such information, 
        reports, and documents as may be of value in carrying 
        out the purposes of this title without further 
        clearance or approval by the Secretary or any other 
        office of the Department of Education.
          [(2) Quality assurance.--In carrying out such 
        authority, the Assistant Secretary shall--
                  [(A) establish such procedures as may be 
                necessary to assure that all reports and 
                publications issued by the Office are of the 
                highest quality; and
                  [(B) provide other offices of the Department 
                of Education with an opportunity to comment 
                upon any report or publication prior to its 
                publication when its contents relate to matters 
                for which such office has responsibility.
  [(e) Biennial Report on Activities of Office.--The Assistant 
Secretary shall transmit to the President and the Congress by 
not later than December 30 of every other year a report which 
shall consist of--
          [(1) a description of the activities carried out by 
        and through each research institute during the fiscal 
        years for which such report is prepared and any 
        recommendations and comments regarding such activities 
        as the Assistant Secretary considers appropriate;
          [(2) a description of the activities carried out by 
        and through the national education dissemination system 
        established by section 941 during the fiscal years for 
        which such report is prepared and any recommendations 
        and comments regarding such activities as the Assistant 
        Secretary considers appropriate;
          [(3) such written comments and recommendations as may 
        be submitted by the Board concerning the activities 
        carried out by and through each of the institutes and 
        the national education dissemination system during the 
        fiscal years for which such report is prepared;
          [(4) a description of the coordination activities 
        undertaken pursuant to subsection (g) during the fiscal 
        years for which such report is prepared;
          [(5) recommendations for legislative and 
        administrative changes necessary to improve the 
        coordination of all educational research, development, 
        and dissemination activities carried out within the 
        Federal Government; and
          [(6) such additional comments, recommendations, and 
        materials as the Assistant Secretary considers 
        appropriate.
  [(f) Research Priorities Plan.--
          [(1) In general.--Working collaboratively with the 
        Board, the Assistant Secretary shall--
                  [(A) survey and assess the state of knowledge 
                in education research, development and 
                dissemination to identify disciplines and areas 
                of inquiry in which the state of knowledge is 
                insufficient and which warrant further 
                investigation, taking into account the views of 
                both education researchers and practicing 
                educators;
                  [(B) consult with the National Education 
                Goals Panel and other authorities on education 
                to identify national priorities for the 
                improvement of education;
                  [(C) actively solicit recommendations from 
                education researchers, teachers, school 
                administrators, cultural leaders, parents, and 
                others throughout the United States through 
                such means as periodic regional forums;
                  [(D) provide recommendations for the 
                development, maintenance, and assurance of a 
                strong infrastructure for education, research, 
                and development in the United States; and
                  [(E) on the basis of such recommendations, 
                develop a research priorities program which 
                shall recommend priorities for the investment 
                of the resources of the Office over the next 5-
                , 10-, and 15-year periods, including as 
                priorities those areas of inquiry in which 
                further research, development and 
                dissemination--
                          [(i) is necessary to attain the 
                        National Education Goals;
                          [(ii) promises to yield the greatest 
                        practical benefits to teachers and 
                        other educators in terms of improving 
                        education; and
                          [(iii) will not be undertaken in 
                        sufficient scope or intensity by the 
                        other Federal and non-Federal entities 
                        engaged in education research and 
                        development.
          [(2) Contents of plan.--(A) The research and 
        priorities plan described in paragraph (1) shall, at a 
        minimum--
                  [(i) set forth specific objectives which can 
                be expected to be achieved as a result of a 
                Federal investment in the priorities set forth 
                in the plan;
                  [(ii) include recommendations with respect to 
                research and development on cross-cutting 
                issues which should be carried out jointly by 2 
                or more of the research institutes; and
                  [(iii) include an evaluative summary of the 
                educational research and development activities 
                undertaken by the Federal Government during the 
                preceding 2 fiscal years, which shall 
                describe--
                          [(I) what has been learned as a 
                        result of such activities;
                          [(II) how such new knowledge or 
                        understanding extends or otherwise 
                        relates to what had been previously 
                        known or understood;
                          [(III) the implications of such new 
                        knowledge or understanding for 
                        educational practice and school reform; 
                        and
                          [(IV) any development, reform, and 
                        other assistance activities which have 
                        utilized such knowledge or 
                        understanding and the effects of such 
                        efforts.
          [(B) Report.--(i) Not later than 6 months after the 
        first meeting of the Board and by October 1 of every 
        second year thereafter, the Assistant Secretary shall 
        publish a report specifying the proposed research 
        priorities of the Office and allow a 60-day period 
        beginning on the date of the publication of the report 
        for public comment and suggestions.
          [(ii) Not later than 90 days after the expiration of 
        the 60-day period referred to in clause (i), the 
        Assistant Secretary shall submit to the Board a report 
        specifying the proposed research priorities of the 
        Office and any public comment and suggestions obtained 
        under such subparagraph for the Board's review and 
        approval.
  [(g) Coordination.--With the advice and assistance of the 
Board, the Assistant Secretary shall work cooperatively with 
the Secretary and the other Assistant Secretaries of the 
Department of Education to establish and maintain an ongoing 
program of activities designed to improve the coordination of 
education research, development, and dissemination and 
activities within such Department and within the Federal 
Government to--
          [(1) minimize duplication in education research, 
        development, and dissemination carried out by the 
        Federal Government;
          [(2) maximize the value of the total Federal 
        investment in education research, development, and 
        dissemination; and
          [(3) enable entities engaged in education research, 
        development, and dissemination within the Federal 
        Government to interact effectively as partners and take 
        full advantage of the diverse resources and 
        proficiencies which each entity has available.
  [(h) Activities Required With Respect to Coordination.--In 
carrying out such program of coordination, the Assistant 
Secretary shall compile (and thereafter regularly maintain) and 
make available a comprehensive inventory of education research, 
development, dissemination activities, and expenditures being 
carried out by the Federal Government.
  [(i) Standards for the Conduct and Evaluation of Research.--
          [(1) In general.--In consultation with the Board, the 
        Assistant Secretary shall develop such standards as may 
        be necessary to govern the conduct and evaluation of 
        all research, development, and dissemination activities 
        carried out by the Office to assure that such 
        activities meet the highest standards of professional 
        excellence. In developing such standards, the Assistant 
        Secretary shall 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 shall also 
        actively solicit recommendations from research 
        organizations and members of the general public.
          [(2) Contents of standards.--Such standards shall at 
        a minimum--
                  [(A) require that a process of open 
                competition be used in awarding or entering 
                into all grants, contracts, and cooperative 
                agreements under this title;
                  [(B) require that a system of peer review be 
                utilized by the Office--
                          [(i) for reviewing and evaluating all 
                        applications for grants and cooperative 
                        agreements and bids for those contracts 
                        which exceed $100,000;
                          [(ii) for evaluating and assessing 
                        the performance of all recipients of 
                        grants from and cooperative agreements 
                        and contracts with the Office; and
                          [(iii) for reviewing and designating 
                        exemplary and promising programs in 
                        accordance with section 941(d);
                  [(C) describe the general procedures which 
                shall be used by each peer review panel in its 
                operations;
                  [(D)(i) describe the procedures which shall 
                be utilized in evaluating applications for 
                grants, proposed cooperative agreements, and 
                contract bids; and
                  [(ii) specify the criteria and factors which 
                shall be considered in making such evaluations;
                  [(E) describe the procedures which shall be 
                utilized in reviewing educational programs 
                which have been identified by or submitted to 
                the Secretary for evaluation in accordance with 
                section 941(d); and
                  [(F) require that the performance of all 
                recipients of grants from and contracts and 
                cooperative agreements with the Office shall be 
                periodically evaluated, both during and at the 
                conclusion of their receipt of assistance.
          [(3) Publication and promulgation of standards.--
                  [(A) The Assistant Secretary shall publish 
                proposed standards--
                          [(i) which meet the requirements of 
                        subparagraphs (A), (B), (C), and (D) of 
                        paragraph (2) not later than 1 year 
                        after the date of the enactment of this 
                        title;
                          [(ii) which meet the requirements of 
                        paragraph (2)(E) not later than 2 years 
                        after such date; and
                          [(iii) which meet the requirements of 
                        subparagraph (F) of paragraph (2) not 
                        later than 3 years after such date.
                  [(B) Following the publication of such 
                proposed standards, the Assistant Secretary 
                shall solicit comments from interested members 
                of the public with respect to such proposed 
                standards for a period of not more than 120 
                days. After giving due consideration to any 
                comments which may have been received, the 
                Assistant Secretary shall transmit such 
                standards to the Board for its review and 
                approval.
                  [(C) Upon the approval of the Board, the 
                Assistant Secretary shall transmit final 
                standards to the Secretary which meet the 
                requirements of the particular subparagraphs of 
                paragraph (2) for which such standards were 
                developed. Such standards shall be binding upon 
                all activities carried out with funds 
                appropriated pursuant to subsection (m).
  [(j) Additional Responsibilities of the Assistant 
Secretary.--In carrying out the activities and programs of the 
Office, the Assistant Secretary--
          [(1) shall be guided by the Research Priorities Plan 
        developed by the Assistant Secretary working 
        collaboratively with the Board and which has been 
        approved by the Board;
          [(2) shall ensure that there is broad and regular 
        public and professional involvement from the 
        educational field in the planning and carrying out of 
        the Office's activities, including establishing teacher 
        advisory boards for any program office, program or 
        project of the Office as the Assistant Secretary deems 
        necessary and involving Indian and Alaska Native 
        researchers and educators in activities that relate to 
        the education of Indian and Alaska Native people;
          [(3) shall ensure that the selection of research 
        topics and the administration of the program are free 
        from undue partisan political influence;
          [(4) shall ensure that all statistics and other data 
        collected and reported by the Office shall be 
        collected, cross-tabulated, analyzed, and reported by 
        sex within race or ethnicity and socioeconomic status 
        whenever feasible (and when such data collection or 
        analysis is not feasible, ensure that the relevant 
        report or document includes an explanation as to why 
        such data collection or analysis is not feasible);
          [(5) is authorized to administer funds to support a 
        single project when more than 1 Federal agency uses 
        funds to support such project, and the Assistant 
        Secretary may act for all such agencies in 
        administering such funds; and
          [(6) is authorized to offer information and technical 
        assistance to State and local educational agencies, 
        school boards, and schools, including schools funded by 
        the Bureau, to ensure that no student is--
                  [(A) denied access to the same rigorous, 
                challenging curriculum that such student's 
                peers are offered; or
                  [(B) grouped or otherwise labeled in such a 
                way that may impede such student's achievement.
  [(k) Independent Evaluations.--The Secretary shall enter into 
one or more contracts for the conduct of an independent 
evaluation of the effectiveness of the implementation of the 
provisions of this title. Such evaluations shall be transmitted 
to the Congress, the President, and the Assistant Secretary not 
later than 54 months after the date of the enactment of this 
title.
  [(l) Definitions.--For purposes of this title, the following 
definitions apply:
          [(1) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary for 
        Educational Research and Improvement established by 
        section 202 of the Department of Education Organization 
        Act.
          [(2) At-risk student.--The term ``at-risk student'' 
        means a student who, because of limited English 
        proficiency, poverty, race, geographic location, or 
        economic disadvantage, faces a greater risk of low 
        educational achievement or reduced academic 
        expectations.
          [(3) Board.--The term ``Board'' means the National 
        Educational Research Policy and Priorities Board.
          [(4) Development.--The term ``development''--
                  [(A) means the systematic use, adaptation, 
                and transformation of knowledge and 
                understanding gained from research to create 
                alternatives, policies, products, methods, 
                practices, or materials which can contribute to 
                the improvement of educational practice; and
                  [(B) includes the design and development of 
                prototypes and the testing of such prototypes 
                for the purposes of establishing their 
                feasibility, reliability, and cost-
                effectiveness.
          [(5) Dissemination.--The term ``dissemination'' means 
        the communication and transfer, through the provision 
        of technical assistance and other means, of the results 
        of research and proven practice in forms that are 
        understandable, easily accessible and usable or 
        adaptable for use in the improvement of educational 
        practice by teachers, administrators, librarians, other 
        practitioners, researchers, policymakers, and the 
        public.
          [(6) Educational research.--The term ``educational 
        research'' includes basic and applied research, inquiry 
        with the purpose of applying tested knowledge gained to 
        specific educational settings and problems, 
        development, planning, surveys, assessments, 
        evaluations, investigations, experiments, and 
        demonstrations in the field of education and other 
        fields relating to education.
          [(7) Field-initiated research.--The term ``field-
        initiated research'' means education research in which 
        topics and methods of study are generated by 
        investigators, including teachers and other 
        practitioners, not by the source of funding.
          [(8) National education dissemination system.--The 
        term ``national education dissemination system'' means 
        the activities carried out by the Office of Reform 
        Assistance and Dissemination established by section 
        941.
          [(9) Office.--The term ``Office'', unless otherwise 
        specified, means the Office of Educational Research and 
        Improvement established in section 208 of the 
        Department of Education Organization Act.
          [(10) National research institute.--The term 
        ``national research institute'' means an institute 
        established in section 931.
          [(11) Technical assistance.--The term ``technical 
        assistance'' means assistance in identifying, 
        selecting, or designing solutions based on research to 
        address educational problems, planning, and design that 
        leads to adapting research knowledge to school 
        practice, training to implement such solutions, and 
        other assistance necessary to encourage adoption or 
        application of research.
          [(12) United states; state.--The terms ``United 
        States'' and ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, Palau 
        (until the effective date of the Compact of Free 
        Association with the Government of Palau), the Republic 
        of the Marshall Islands, and the Federated States of 
        Micronesia.
  [(m) Authorization of Appropriations.--
          [(1) National institutes.--
                  [(A) For the purpose of carrying out section 
                931, there is authorized to be appropriated 
                $68,000,000 for fiscal year 1995.
                  [(B)(i) For the purpose of carrying out the 
                provisions of section 931 relating to the 
                National Institute on Student Achievement, 
                Curriculum, and Assessment and the National 
                Institute on the Education of At-Risk Students, 
                there are authorized to be appropriated 
                $60,000,000 for fiscal year 1996, and such sums 
                as are necessary for each of fiscal years 1997, 
                1998, and 1999.
                  [(ii) Of the total amounts appropriated 
                pursuant to clause (i)--
                          [(I) 50 percent shall be used by the 
                        Assistant Secretary for the purpose of 
                        carrying out the provisions of section 
                        931 relating to the National Institute 
                        on the Education of At-Risk Students; 
                        and
                          [(II) 50 percent shall be used for 
                        the purpose of carrying out the 
                        provisions of section 931 relating to 
                        the National Institute on Student 
                        Achievement, Curriculum, and 
                        Assessment.
                  [(C) For the purpose of carrying out the 
                provisions of section 931 relating to the 
                National Institute on Educational Governance, 
                Finance, Policy-Making, and Management, there 
                are authorized to be appropriated $10,000,000 
                for fiscal year 1996, and such sums as are 
                necessary for each of fiscal years 1997, 1998, 
                and 1999.
                  [(D) For the purpose of carrying out the 
                provisions of section 931 relating to the 
                National Institute on Early Childhood 
                Development and Education, there are authorized 
                to be appropriated $15,000,000 for fiscal year 
                1996, and such sums as are necessary for each 
                of fiscal years 1997, 1998, and 1999.
                  [(E) For the purpose of carrying out the 
                provisions of section 931 relating to the 
                National Institute on Postsecondary Education, 
                Libraries, and Lifelong Learning, there are 
                authorized to be appropriated $15,000,000 for 
                fiscal year 1996, and such sums as are 
                necessary for each of fiscal years 1997, 1998, 
                and 1999.
                  [(F) Coordination and synthesis.--The 
                Assistant Secretary is authorized to reserve 
                not more than 10 percent of the total amounts 
                appropriated in any fiscal year pursuant to 
                subparagraphs (A) through (E) (but not more 
                than 33 percent of the amount appropriated for 
                any single institute in any fiscal year) for 
                the purposes of supporting coordination and 
                synthesis activities described in section 
                931(i) or to address other priorities which are 
                consistent with the Research Priorities Plan 
                developed by the Assistant Secretary and 
                approved by the Board.
          [(2) National education dissemination system.--
                  [(A)(i) For the purpose of carrying out 
                paragraph (2) of subsection (b) and subsections 
                (c) through (g) of section 941, there are 
                authorized to be appropriated $23,000,000 for 
                fiscal year 1995, and such sums as are 
                necessary for each of the fiscal years 1996 
                through 1999.
                  [(ii) Of the amount appropriated under clause 
                (i) for any fiscal year, the Secretary shall 
                make available not less than $8,000,000 to 
                carry out subsection (f) of section 941 
                (relating to Educational Resources Information 
                Center Clearinghouses).
                  [(B) For the purpose of carrying out 
                subsection (h) of section 941 (relating to 
                regional educational laboratories), there are 
                authorized to be appropriated $41,000,000 for 
                fiscal year 1995, and such sums as are 
                necessary for each of the fiscal years 1996 
                through 1999. Of the amounts appropriated under 
                the preceding sentence for a fiscal year, the 
                Secretary 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) For the purpose of carrying out 
                subsection (j) of section 941 (relating to the 
                teacher research dissemination demonstration 
                program) there are authorized to be 
                appropriated $20,000,000 for fiscal year 1995, 
                and such sums as are necessary for each of the 
                fiscal years 1996 through 1999.
                  [(D) For the purpose of carrying out 
                subsection (i) of section 941 (relating to the 
                Goals 2000 Community Partnerships program), 
                there are authorized to be appropriated 
                $30,000,000 for fiscal year 1995, $50,000,000 
                for fiscal year 1996, and such sums as are 
                necessary for each of the fiscal years 1997 and 
                1999.
          [(3) National educational research policy and 
        priorities board.--Of the amounts appropriated under 
        paragraphs (1) and (2) for any fiscal year, the 
        Secretary shall make available 2 percent of such 
        amounts, or $1,000,000, whichever is less, for the 
        purpose of supporting the activities and expenses of 
        the Board and the collaborative development of the 
        Research Priorities Plan by the Assistant Secretary and 
        the Board.
          [(4) Allocations for grants, cooperative agreements, 
        and contracts.--Of the amounts appropriated under 
        paragraph (1) or (2) for any fiscal year, not less than 
        95 percent shall be expended to carry out the purposes 
        described in such paragraphs through grants, 
        cooperative agreements, or contracts.
          [(5) Limitations on appropriations.--No amounts are 
        authorized to be appropriated under paragraph (1) or 
        (2) for fiscal year 1996 or any fiscal year thereafter 
        unless the Board has been appointed in accordance with 
        section 921.
          [(6) Grant authorized.--
                  [(A) In general.--From the amounts 
                appropriated pursuant to paragraph (1) for any 
                fiscal year, the Secretary is authorized, in 
                accordance with the provisions of this 
                paragraph, to award a grant of not more than 
                $5,000,000 to a public or private institution, 
                agency or organization for a period not to 
                exceed 5 years for the purpose of conducting a 
                State-by-State poll to determine the 
                perceptions of recent graduates of secondary 
                schools, their instructors in institutions of 
                higher education, parents of recent such 
                graduates, and employers of recent such 
                graduates on how well schools have prepared 
                students for further education or employment.
                  [(B) Matching requirement.--The grant 
                described in subparagraph (A) shall be awarded 
                on a competitive basis and shall be matched on 
                a two-to-one basis by the recipient.

[SEC. 913. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  [Subsection (b) of section 202 of the Department of Education 
Organization Act is amended--
          [(1) in paragraph (1)--
                  [(A) by striking subparagraph (E); and
                  [(B) by redesignating subparagraphs (F) and 
                (G) as subparagraphs (E) and (F), respectively; 
                and
          [(2) by adding at the end the following new 
        paragraph:
  [``(3) There shall be in the Department an Assistant 
Secretary for Educational Research and Improvement who shall 
be--
          [``(A) appointed by the President, by and with the 
        consent of the Senate; and
          [``(B) selected (giving due consideration to 
        recommendations from the National Educational Research 
        Policy and Priorities Board) from among individuals 
        who--
                  [``(i) are distinguished educational 
                researchers or practitioners;
                  [``(ii) have proven management ability; and
                  [``(iii) have substantial knowledge of 
                education within the United States.''.

[SEC. 914. SAVINGS PROVISION.

  [Notwithstanding any other provision of law, contracts for 
the regional educational laboratories, Educational Resources 
Information Center Clearinghouses and research and development 
centers and regional educational laboratories assisted under 
section 405 of the General Education Provisions Act, as such 
section was in effect on the day before the date of the 
enactment of this title, shall remain in effect until the 
termination date of such contracts.

[SEC. 915. EXISTING GRANTS AND CONTRACTS.

  [(a) In General.--Notwithstanding any other provision of law, 
grants and contracts for the research and development centers 
assisted under section 405 of the General Education Provisions 
Act, as such section was in effect on the day before the date 
of enactment of this Act, shall remain in effect until the 
termination date of such grants or contracts, as the case may 
be, except that such grants and contracts may be extended to 
implement the provisions of this title.
  [(b) Use of Funds.--In carrying out subsection (a), the 
Secretary shall use funds appropriated pursuant to section 
912(m)(1).

   [PART B--NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD

[SEC. 921. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  [(a) In General.--There is established within the Office a 
National Educational Research Policy and Priorities Board.
  [(b) Functions.--It shall be the responsibility of the Board 
to--
          [(1) work collaboratively with the Assistant 
        Secretary to determine priorities that should guide the 
        work of the Office and provide guidance to the Congress 
        in its oversight of the Office;
          [(2) review and approve the Research Priorities Plan 
        developed by the Assistant Secretary in collaboration 
        with the Board;
          [(3) review and approve standards for the conduct and 
        evaluation of all research, development, and 
        dissemination carried out under the auspices of the 
        Office pursuant to this title; and
          [(4) review regularly, evaluate, and publicly comment 
        upon, the implementation of its recommended priorities 
        and policies by the Department and the Congress.
  [(c) Additional Responsibilities of the Board.--It shall also 
be the responsibility of the Board to--
          [(1) provide advice and assistance to the Assistant 
        Secretary in carrying out the coordination activities 
        described in section 912;
          [(2) make recommendations to the Assistant Secretary 
        of persons qualified to fulfill the responsibilities of 
        the Director of each research institute established by 
        section 931 after making special efforts to identify 
        qualified women and minorities and soliciting and 
        giving due consideration to recommendations from 
        professional associations and interested members of the 
        public;
          [(3) advise and make recommendations to the President 
        with respect to individuals who are qualified to 
        fulfill the responsibilities of the Assistant Secretary 
        for the Office;
          [(4) review and comment upon proposed contract grant, 
        and cooperative agreement proposals in accordance with 
        section 931(c)(4);
          [(5) advise the United States on the Federal 
        educational research and development effort;
          [(6) recommend ways for strengthening active 
        partnerships among researchers, educational 
        practitioners, librarians, and policymakers;
          [(7) recommend ways to strengthen interaction and 
        collaboration between the various program offices and 
        components;
          [(8) solicit advice and information from the 
        educational field, to define research needs and 
        suggestions for research topics, and shall involve 
        educational practitioners, particularly teachers, in 
        this process;
          [(9) solicit advice from practitioners, policymakers, 
        and researchers, and recommend missions for the 
        national research centers assisted under this title by 
        identifying topics which require long-term, sustained, 
        systematic, programmatic, and integrated research and 
        dissemination efforts;
          [(10) provide recommendations for translating 
        research findings into workable, adaptable models for 
        use in policy and in practice across different 
        settings, and recommendations for other forms of 
        dissemination; and
          [(11) provide recommendations for creating incentives 
        to draw talented young people into the field of 
        educational research, including scholars from 
        disadvantaged and minority groups.
  [(d) Standing Subcommittees.--The Board may establish a 
standing subcommittee for each of the Institutes established by 
section 931 and for the Office of Reform Assistance and 
Dissemination established by section 941(b) which shall advise, 
assist, consult with and make recommendations to the Assistant 
Secretary, the Board, the Director of such entity and the 
Congress on matters related to the activities carried out by 
and through such entities.
  [(e) Powers of the Board.--In carrying out its functions, 
powers, and responsibilities, the Board--
          [(1) shall, without regard to the provisions of title 
        5, United States Code, relating to the appointment and 
        compensation of officers or employees of the United 
        States, appoint a director to be paid at a rate not to 
        exceed the rate of basic pay payable for level V of the 
        Executive Schedule who shall assist in carrying out and 
        managing the activities of the Board and perform such 
        other functions the Board determines to be necessary 
        and appropriate;
          [(2) shall utilize such additional staff as may be 
        appointed or assigned by the Assistant Secretary;
          [(3) may arrange for the detail of staff personnel 
        and utilize the services and facilities of any 
        department or agency of the Federal Government;
          [(4) may enter into contracts, or make other 
        arrangements as may be necessary to carry out its 
        functions;
          [(5) shall participate in any public meetings or 
        other activities carried out by the Assistant Secretary 
        in the development of the Research Priorities Plan;
          [(6) may review any grant, contract, or cooperative 
        agreement made or entered into by the Office;
          [(7) may, to the extent otherwise permitted by law, 
        obtain directly from any department or agency of the 
        United States such information as the Board deems 
        necessary to carry out its responsibilities;
          [(8) may convene workshops and conferences, collect 
        data, and establish subcommittees which may be composed 
        of members of the Board and nonmember consultants 
        (including employees of the Department of Education) 
        with expertise in the particular area addressed by such 
        subcommittees; and
          [(9) shall establish such rules and procedures to 
        govern its operations as it considers appropriate, to 
        the extent otherwise permitted by law.
  [(f) Membership in General.--
          [(1) Qualifications.--The members of the Board shall 
        be individuals who, by virtue of their training, 
        experience, and background in educational research and 
        the education professions, are exceptionally qualified 
        to appraise the educational research and development 
        effort of the United States and to fulfill the 
        responsibilities described in subsections (b) and (c).
          [(2) Broad representation.--Due consideration shall 
        be given to the gender, race, and ethnicity of 
        appointees to assure that the Board is broadly 
        representative of the diversity of the United States.
          [(3) Limitation.--A voting member of the Board may 
        not serve on any other governing or advisory board 
        within the Department of Education or as a paid 
        consultant of such Department.
          [(4) 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.
  [(g) Secretarial Appointments.--The Board shall consist of 15 
members appointed by the Secretary. Of the members of the 
Board--
          [(1) five shall be appointed from among researchers 
        in the field of education who have been nominated by 
        the National Academy of Sciences;
          [(2) five shall be outstanding school-based 
        professional educators; and
          [(3) five shall be individuals who are knowledgeable 
        about the educational needs of the United States and 
        may include parents with experience in promoting 
        parental involvement in education, Chief State School 
        Officers, local educational agency superintendents, 
        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.
  [(h) Requirements for Nominations by the National Academy of 
Sciences.--
          [(1) In general.--In making nominations for the 
        members of the Board described in subsection (g)(1), 
        the National Academy of Sciences--
                  [(A) shall give due consideration to 
                recommendations from research and education 
                organizations;
                  [(B) may not nominate any individual who is 
                an elected officer or employee of such 
                organization; and
                  [(C) shall nominate not less than 5 
                individuals for each of the positions on the 
                Board for which such organization has 
                responsibility for making nominations.
          [(2) Request for additional nominations.--In the 
        event that the Secretary determines that none of the 
        individuals nominated by the National Academy of 
        Sciences meets the qualifications for membership on the 
        Board specified in subsection (g), the Secretary may 
        request that such organization make additional 
        nominations.
  [(i) Nominations for Board Membership.--Prior to appointing 
any member of the Board, the Secretary shall actively solicit 
and give due consideration to recommendations from 
organizations such as the National Education Association, the 
American Federation of Teachers, the National Parent-Teachers 
Association, the American Library Association, the American 
Association of School Administrators, the National Association 
of State Boards of Education, the National Indian School Board 
Association, the Association of Community Tribal Schools, the 
National Indian Education Association, and other education-
related organizations and interested members of the public.
  [(j) Ex Officio Members.--The ex officio, nonvoting members 
of the Board shall include the Assistant Secretary and may also 
include--
          [(1) the Director of Research for the Department of 
        Defense;
          [(2) the Director of Research for the Department of 
        Labor;
          [(3) the Director of the National Science Foundation;
          [(4) the Director of the National Institutes of 
        Health;
          [(5) the chair of the National Endowment for the 
        Arts;
          [(6) the chair of the National Endowment for the 
        Humanities;
          [(7) the Librarian of Congress; and
          [(8) the Director of the Office of Indian Education 
        Programs of the Department of the Interior.
  [(k) Chair.--The Board shall select a Chair from among its 
appointed members who shall serve for a renewable term of 2 
years.
  [(l) Terms of Office.--
          [(1) In general.--Except as provided in paragraphs 
        (2) and (3), the term of office of each voting member 
        of the Board shall be 6 years.
          [(2) Exceptions.--(A) Any individual appointed to 
        fill a vacancy occurring on the Board prior to the 
        expiration of the term for which the predecessor of the 
        individual was appointed shall be appointed for the 
        remainder of the term. A vacancy shall be filled in the 
        same manner in which the original appointment was made.
          [(B) The terms of office of the members of the Board 
        who first take office after the date of the enactment 
        of this title shall, as designated by a random 
        selection process at the time of appointment, be as 
        follows:
                  [(i) 3 years for each of 5 members of the 
                Board.
                  [(ii) 4 years for each of 5 members of the 
                Board.
                  [(iii) 6 years for each of 5 members of the 
                Board.
          [(3) Prohibition on certain consecutive terms.--An 
        individual who has been a member of the Board for 12 
        consecutive years shall thereafter be ineligible for 
        appointment during the 6-year period beginning on the 
        date of the expiration of the 12th year.
          [(4) Prohibition regarding removal.--The Secretary 
        shall neither remove nor encourage the departure of a 
        member of the Board before the expiration of such 
        member's term.
  [(m) Meetings of Board.--
          [(1) Initial meeting.--The Secretary shall ensure 
        that the first meeting of the Board is held not later 
        than May 15, 1995.
          [(2) Subsequent meetings.--The Board shall meet 
        quarterly, at the call of the Chair, and when at least 
        one-third of the members of the Board make a written 
        request to meet.
          [(3) Quorum.--A majority of the Board shall 
        constitute a quorum.
          [(4) Open meetings.--The Government in the Sunshine 
        Act (5 U.S.C. 552b) shall apply to meetings of the 
        Board.

                 [PART C--NATIONAL RESEARCH INSTITUTES

[SEC. 931.  ESTABLISHMENT WITHIN THE OFFICE OF EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  [(a) Establishment of Institutes.--In order to fulfill the 
research and development purposes of the Office, and to carry 
out a program of high-quality and rigorously evaluated research 
and development that is capable of improving Federal, State, 
Indian tribal, and local education policies and practices, 
there are established within the Office the following 
Institutes:
          [(1) The National Institute on Student Achievement, 
        Curriculum, and Assessment.
          [(2) The National Institute on the Education of At-
        Risk Students.
          [(3) The National Institute on Educational 
        Governance, Finance, Policy-Making, and Management.
          [(4) The National Institute on Early Childhood 
        Development and Education.
          [(5) The National Institute on Postsecondary 
        Education, Libraries, and Lifelong Education.
  [(b) Directors.--
          [(1) In general.--Each Institute established by 
        subsection (a) shall be headed by a Director who shall 
        be appointed by the Assistant Secretary from among 
        individuals who have significant experience and 
        expertise in the disciplines relevant to the purposes 
        of such Institute. The Assistant Secretary shall give 
        due consideration to recommendations made by the Board 
        of individuals qualified to fill the position.
          [(2) Reporting.--Each Director shall report directly 
        to the Assistant Secretary regarding the activities of 
        the Institute and shall work with the other directors 
        to promote research synthesis across the Institutes.
  [(c) Authorities and Duties.--
          [(1) In general.--The Assistant Secretary is 
        authorized to conduct research, development, 
        demonstration, and evaluation activities to carry out 
        the purposes for which such Institute was established--
                  [(A) directly;
                  [(B) through grants, contracts, and 
                cooperative agreements with institutions of 
                higher education, regional educational 
                laboratories, public and private organizations, 
                institutions, agencies, and individuals, or a 
                consortium thereof, which may include--
                          [(i) grants to support research and 
                        development centers which are--
                                  [(I) awarded competitively 
                                for a period of 5 years and 
                                which may be renewed for an 
                                additional 5 years;
                                  [(II) of sufficient size, 
                                scope, and quality, and funded 
                                at not less than $1,500,000 
                                annually in order to support a 
                                full range of basic research, 
                                applied research and 
                                dissemination activities, which 
                                may also include development 
                                activities; and
                                  [(III) established by 
                                institutions of higher 
                                education, by institutions of 
                                higher education in consortium 
                                with public agencies or private 
                                nonprofit organizations, or by 
                                interstate agencies established 
                                by compact which operate 
                                subsidiary bodies established 
                                to conduct postsecondary 
                                educational research and 
                                development;
                          [(ii) meritorious unsolicited 
                        proposals for educational research and 
                        related activities;
                          [(iii) proposals that are 
                        specifically invited or requested by 
                        the Assistant Secretary, on a 
                        competitive basis; and
                          [(iv) dissertation grants, awarded 
                        for a period of not more than 2 years 
                        and in a total amount not to exceed 
                        $20,000 to graduate students in the 
                        sciences, humanities, and the arts to 
                        support research by such scholars in 
                        the field of education;
                  [(C) through the provision of technical 
                assistance;
                  [(D) through the award of fellowships to 
                support graduate study in educational research 
                by qualified African-American, Hispanic, 
                American Indian and Alaska Native, and other 
                individuals from groups which have been 
                traditionally underrepresented in the field of 
                educational research which shall--
                          [(i) be awarded on the basis of merit 
                        for a period of 3 years; and
                          [(ii) provide stipends to each fellow 
                        in an amount which shall be set at a 
                        level of support comparable to that 
                        provided by the National Science 
                        Foundation Graduate Fellowships, except 
                        that such amounts shall be adjusted as 
                        necessary so as not to exceed each 
                        fellow's demonstrated level of need; 
                        and
                  [(E) through the award of fellowships in the 
                Office for scholars, researchers, policymakers, 
                education practitioners, librarians, and 
                statisticians engaged in the use, collection, 
                and dissemination of information about 
                education and educational research which--
                          [(i) shall be awarded following the 
                        biennial publication in the Federal 
                        Register of proposed research 
                        priorities and a period of 60 days for 
                        public comments and suggestions with 
                        respect to such priorities;
                          [(ii) shall be awarded competitively 
                        following the publication of a notice 
                        in the Federal Register inviting the 
                        submission of applications; and
                          [(iii) may include such stipends and 
                        allowances, including travel and 
                        subsistence expenses provided under 
                        title 5, United States Code, as the 
                        Assistant Secretary considers 
                        appropriate.
          [(2) Scope and focus of activities.--In carrying out 
        the purposes for which each Institute is established, 
        the Assistant Secretary shall--
                  [(A) maintain an appropriate balance between 
                applied and basic research;
                  [(B) significantly expand the role of field-
                initiated research in meeting the education 
                research and development needs of the United 
                States by reserving not less than 20 percent of 
                the amounts available to each Institute in 
                fiscal years 1996 and 1997 and 25 percent in 
                fiscal years 1998 and 1999 to support field-
                initiated research;
                  [(C) provide for and maintain a stable 
                foundation of long-term research and 
                development on core issues and concerns 
                conducted through university-based research and 
                development centers by reserving not less than 
                one-third of the amounts available to each 
                Institute in any fiscal year to support such 
                research and development centers;
                  [(D) support and provide research information 
                that leads to policy formation by State 
                legislatures, State and local boards of 
                education, schools funded by the Bureau, and 
                other policy and governing bodies, to assist 
                such entities in identifying and developing 
                effective policies to promote student 
                achievement and school improvement;
                  [(E) promote research that is related to the 
                core content areas;
                  [(F) plan and coordinate syntheses that 
                provide research knowledge related to each 
                level of the education system (from preschool 
                to postsecondary education) to increase 
                understanding of student performance across 
                different educational levels;
                  [(G) conduct and support research in early 
                childhood, elementary and secondary, 
                vocational, adult and postsecondary education 
                (including the professional development of 
                teachers) to the extent that such research is 
                related to the purposes for which such 
                Institute has been established;
                  [(H) conduct sustained research and 
                development on improving the educational 
                achievement of poor and minority individuals as 
                an integral part of its work; and
                  [(I) coordinate the Institute's activities 
                with the activities of the regional educational 
                laboratories and with other educational service 
                organizations in designing the Institute's 
                research agenda and projects in order to 
                increase the responsiveness of such Institute 
                to the needs of teachers and the educational 
                field and to bring research findings directly 
                into schools to ensure greatest access at the 
                local level to the latest research 
                developments.
          [(3) Requirements regarding financial assistance.--No 
        grant, contract, or cooperative agreement may be made 
        under this title unless--
                  [(A) sufficient notice of the availability 
                of, and opportunity to compete for, assistance 
                has first been provided to potential applicants 
                through notice published in the Federal 
                Register or other appropriate means;
                  [(B) such grant, contract, or agreement has 
                been evaluated through peer review in 
                accordance with the standards developed 
                pursuant to section 912(i);
                  [(C) such grant, contract, or agreement will 
                be evaluated in accordance with the standards 
                developed pursuant to section 912(i);
                  [(D) in the case of a grant, contract, or 
                cooperative agreement which exceeds $500,000 
                for a single fiscal year or $1,000,000 for more 
                than one fiscal year, the Secretary has 
                complied with the requirements of paragraph 
                (4); and
                  [(E) in the case of a grant, contract, or 
                cooperative agreement to support a research and 
                development center, all applications for such 
                assistance have been evaluated by independent 
                experts according to standards and criteria 
                which include--
                          [(i) whether applicants have 
                        assembled a group of high quality 
                        researchers sufficient to achieve the 
                        mission of the center;
                          [(ii) whether the proposed 
                        organizational structure and 
                        arrangements will facilitate 
                        achievement of the mission of the 
                        center;
                          [(iii) whether there is a substantial 
                        staff commitment to the work of the 
                        center;
                          [(iv) whether the directors and 
                        support staff will devote a majority of 
                        their time to the activities of the 
                        center;
                          [(v) review of the contributions of 
                        primary researchers (other than 
                        researchers at the proposed center) to 
                        evaluate the appropriateness of such 
                        primary researcher's experiences and 
                        expertise in the context of the 
                        proposed center activities, and the 
                        adequacy of such primary researcher's 
                        time commitment to achievement of the 
                        mission of the center; and
                          [(vi) the manner in which the results 
                        of education research will be 
                        disseminated for further use, including 
                        how the center will work with the 
                        Office of Reform Assistance and 
                        Dissemination.
          [(4) Board review of certain proposed grant and 
        contract actions.--The Assistant Secretary may not 
        solicit any contract bid or issue a request for 
        proposals or applications for any grant or cooperative 
        agreement the amount of which exceeds $500,000 in any 
        single fiscal year or which exceeds an aggregate amount 
        of $1,000,000 for more than one fiscal year unless the 
        Board has had an opportunity to review such proposed 
        grant, contract, or cooperative agreement and to 
        provide written comments to the Assistant Secretary 
        with respect to whether--
                  [(A) the purposes and scope of the proposed 
                action are consistent with the Research 
                Priorities Plan; and
                  [(B) the methodology and approach of the 
                proposed action are sound and adequate to 
                achieve the objectives of such grant, contract, 
                or cooperative agreement.
          [(5) Historically underutilized researchers and 
        institutions.--The Assistant Secretary shall establish 
        and maintain initiatives and programs to increase the 
        participation in the activities of each Institute of 
        groups of researchers and institutions that have been 
        historically underutilized in Federal educational 
        research activities, including--
                  [(A) researchers who are women, African-
                American, Hispanic, American Indian and Alaska 
                Native, or other ethnic minorities;
                  [(B) promising young or new researchers in 
                the field, such as postdoctoral students and 
                recently appointed assistant or associate 
                professors;
                  [(C) Historically Black Colleges and 
                Universities, Tribally Controlled Community 
                Colleges, and other institutions of higher 
                education with large numbers of minority 
                students;
                  [(D) institutions of higher education located 
                in rural areas; and
                  [(E) institutions and researchers located in 
                States and regions of the United States which 
                have historically received the least Federal 
                support for educational research and 
                development.
          [(6) Additional authorities.--The Assistant 
        Secretary--
                  [(A) may obtain (in accordance with section 
                3109 of title 5 but without regard to the 
                limitation in such section on the period of 
                service) the services of experts or consultants 
                with scientific or professional qualifications 
                in the disciplines relevant to the purposes of 
                such Institute;
                  [(B) may use, with their consent, the 
                services, equipment, personnel, information, 
                and facilities of other Federal, State, or 
                local public agencies, with or without 
                reimbursement therefore; and
                  [(C) may accept voluntary and uncompensated 
                services.
  [(d) National Institute on Student Achievement, Curriculum, 
and Assessment.--
          [(1) Findings.--The Congress finds as follows:
                  [(A) The current achievement levels of 
                students in the United States are far below 
                those that might indicate competency in 
                challenging subject matter in core content 
                areas.
                  [(B) During the last 20 years, relatively 
                little changed in how students were taught. 
                Despite much research suggesting better 
                alternatives, classrooms continue to be 
                dominated by textbooks, teacher lectures, 
                short-answer activity sheets, and unequal 
                patterns of student attention.
                  [(C) Despite progress in narrowing the gaps, 
                the differences in performance between 
                Caucasian students and their minority 
                counterparts remain unacceptably large. While 
                progress has been made in reducing the gender 
                gap in mathematics, such gap still remains at 
                higher levels of problem solving. Too little 
                progress has been made in reducing gender 
                performance gaps favoring males in science and 
                females in writing.
          [(2) Purpose.--The purpose of the National Institute 
        on Student Achievement, Curriculum, and Assessment is 
        to carry out a coordinated and comprehensive program of 
        research and development to provide research-based 
        leadership to the United States as it seeks to improve 
        student achievement in core content areas and the 
        integration of such areas. Such program shall--
                  [(A) identify, develop, and evaluate 
                innovative and exemplary methods to improve 
                student knowledge at all levels in the core 
                content areas, such as--
                          [(i) student learning and assessment 
                        in various subject matters;
                          [(ii) the effects of organizational 
                        patterns on the delivery of 
                        instruction, including issues of 
                        grouping and tracking, ungraded 
                        classrooms, and on the effects of 
                        various pedagogies, including the 
                        issues of technology in education;
                          [(iii) standards for what students 
                        should know and be able to do, 
                        particularly standards of desired 
                        performance set to internationally 
                        competitive levels;
                          [(iv) methods to improve the process 
                        of reading, the craft of writing, the 
                        growth of reasoning skills, and the 
                        development of information-finding 
                        skills;
                          [(v) enabling students to develop 
                        higher order thinking skills;
                          [(vi) methods to teach effectively 
                        all students in mixed-ability 
                        classrooms;
                          [(vii) curriculum, instruction, and 
                        assessment, in vocational education and 
                        school-to-work transition;
                          [(viii) the impact and effectiveness 
                        of Federal, State, and local efforts to 
                        provide gender-fair educational 
                        opportunities to elementary and 
                        secondary students;
                          [(ix) programs, policies, and 
                        approaches which promote gender equity 
                        in elementary and secondary education;
                          [(x) improving the working conditions 
                        of teachers and other educational 
                        practitioners, which may include such 
                        topics as--
                                  [(I) teacher isolation;
                                  [(II) professional resources 
                                available to teachers;
                                  [(III) continuing educational 
                                and professional opportunities 
                                available to teachers;
                                  [(IV) physical facilities and 
                                equipment, such as office 
                                space, telephone, computer 
                                access, and fax machines and 
                                television cable access 
                                available to teachers in the 
                                work environment;
                                  [(V) opportunities for 
                                teachers to share information 
                                and resources with other 
                                teachers and education 
                                professionals;
                                  [(VI) opportunities for 
                                advanced learning experience; 
                                and
                                  [(VII) the reduction of 
                                stress in the teaching 
                                profession;
                          [(xi) curriculum development designed 
                        to meet challenging standards, 
                        including State efforts to develop such 
                        curriculum;
                          [(xii) the need for, and methods of 
                        delivering, teacher education, 
                        development, and inservice training;
                          [(xiii) educational methods and 
                        activities to reduce and prevent 
                        violence in schools;
                          [(xiv) the use of technology in 
                        learning, teaching and testing; and
                          [(xv) other topics relevant to the 
                        mission of the institute;
                  [(B) conduct basic and applied research in 
                the areas of human learning, cognition, and 
                performance, including research and development 
                on the education contexts which promote 
                excellence in learning and instruction, and 
                motivational issues related to learning;
                  [(C) identify, develop, and evaluate programs 
                designed to enhance academic achievement and 
                narrow racial and gender performance gaps in a 
                variety of subject areas, including research 
                and development on methods of involving parents 
                in their children's education and ways to 
                involve business, industry and other community 
                partners in promoting excellence in schools; 
                and
                  [(D) include a comprehensive, coordinated 
                program of research and development in the area 
                of assessment which--
                          [(i) addresses issues such as--
                                  [(I) the validity, 
                                reliability, generalizability, 
                                costs, relative merits, and 
                                most appropriate uses of 
                                various approaches and methods 
                                of assessing student learning 
                                and achievement;
                                  [(II) methods and approaches 
                                to assessing student 
                                opportunities to learn 
                                (including the quality of 
                                instruction and the 
                                availability of resources 
                                necessary to support learning) 
                                and evaluating the quality of 
                                school environment;
                                  [(III) the impact of high-
                                stakes uses of assessment on 
                                student performance and 
                                motivation, narrowing of 
                                curriculum, teaching practices, 
                                and test integrity;
                                  [(IV) the impact of various 
                                methods of assessment on 
                                children of different races, 
                                ethnicities, gender, 
                                socioeconomic status, and 
                                English language proficiencies, 
                                and children with other special 
                                needs;
                                  [(V) standards of 
                                performance, quality, and 
                                validity for various methods of 
                                assessment and the means by 
                                which such standards should be 
                                developed;
                                  [(VI) current and emerging 
                                testing practices of State and 
                                local education agencies within 
                                the United States, as well as 
                                other nations;
                                  [(VII) the diverse effects, 
                                both intended and unintended, 
                                of assessments as actually used 
                                in the schools, including 
                                effects on curriculum and 
                                instruction, effects on equity 
                                in the allocation of resources 
                                and opportunities, effects on 
                                equity of outcomes, effects on 
                                other procedures and standards 
                                for judging students and 
                                practitioners and possible 
                                inflation of test scores;
                                  [(VIII) identifying and 
                                evaluating how students with 
                                limited-English proficiency and 
                                students with disabilities are 
                                included and accommodated in 
                                the various assessment programs 
                                of State and local education 
                                agencies;
                                  [(IX) the feasibility and 
                                validity of comparing or 
                                equating the results of 
                                different assessments;
                                  [(X) test security, 
                                accountability, validity, 
                                reliability, and objectivity;
                                  [(XI) relevant teacher 
                                training and instruction in 
                                giving a test, scoring a test, 
                                and in the use of test results 
                                to improve student achievement;
                                  [(XII) developing, 
                                identifying, or evaluating new 
                                educational assessments, 
                                including performance-based and 
                                portfolio assessments which 
                                demonstrate skill and a command 
                                of knowledge; and
                                  [(XIII) other topics relevant 
                                to the purposes of the 
                                Institute; and
                          [(ii) may reflect recommendations 
                        made by the National Education Goals 
                        Panel.
  [(e) National Institute on the Education of At-Risk 
Students.--
          [(1) Findings.--The Congress finds as follows:
                  [(A) The rate of decline in our urban schools 
                is escalating at a rapid pace. Student 
                performance in most inner city schools grows 
                worse each year. At least half of all students 
                entering ninth grade fail to graduate 4 years 
                later and many more students from high-poverty 
                backgrounds leave school with skills that are 
                inadequate for today's workplace. Student 
                performance in many inner city neighborhoods 
                grows worse each year. At least half of all 
                students entering ninth grade fail to graduate 
                in 4 years. In 1992, the average National 
                Assessment of Educational Progress reading 
                score of Caucasian 17 year-olds was 
                approximately 25 points higher than that of 
                African-American 17 year-olds and 20 points 
                higher than that of Hispanic 17 year-olds.
                  [(B) Rural schools enroll a 
                disproportionately large share of the poor and 
                at-risk students of the United States and yet 
                often lack the means to address effectively the 
                needs of these children. Intensive efforts 
                should be made to overcome the problems of 
                geographic isolation, declining population, 
                inadequate financial resources and other 
                impediments to the educational success of 
                children residing in rural areas.
                  [(C) By the year 2000, an estimated 3,400,000 
                school age children with limited-English 
                proficiency will be entering the school system. 
                The Federal Government should develop effective 
                policies and programs to address the 
                educational needs of this growing population of 
                children who are at increased risk of 
                educational failure.
                  [(D) An educational emergency exists in those 
                urban and rural areas where there are large 
                concentrations of children who live in poverty. 
                The numbers of disadvantaged children will 
                substantially increase by the year 2020, when 
                the number of impoverished children alone will 
                be 16,500,000, a 33 percent increase over the 
                12,400,000 children in poverty in 1987.
                  [(E) American Indian and Alaska Native 
                students have high dropout, illiteracy and 
                poverty rates, and experience cultural, 
                linguistic, social and geographic isolation. 
                The estimated 400,000 Indian and Alaska Native 
                student population from over 500 Indian and 
                Alaska Native tribes, is small and scattered 
                throughout remote reservations and villages in 
                32 States, and in off-reservation rural and 
                urban communities where Indians constitute but 
                a small percentage of public school student 
                bodies. To meaningfully address the special 
                educational needs of this historically under-
                served population, the existing research and 
                development system should be opened to Indian 
                and Alaska Native people to identify needs and 
                design ways to address such needs.
                  [(F) Minority scholars as well as 
                institutions and groups that have been 
                historically committed to the improvement of 
                the education of at-risk students need to be 
                more fully mobilized in the effort to develop a 
                new generation of programs, models, practices, 
                and schools capable of responding to the urgent 
                needs of students who are educationally at-
                risk.
          [(2) Purpose.--It shall be the purpose of the 
        Institute on the Education of At-Risk Students to carry 
        out a coordinated and comprehensive program of research 
        and development to provide nonpartisan, research-based 
        leadership to the United States as it seeks to improve 
        educational opportunities for at-risk students. Such 
        program shall--
                  [(A) undertake research necessary to provide 
                a sound basis from which to identify, develop, 
                evaluate, and assist others to replicate and 
                adapt interventions, programs, and models which 
                promote greater achievement and educational 
                success by at-risk students, such as--
                          [(i) methods of instruction and 
                        educational practices (including 
                        community services) which improve the 
                        achievement and retention of at-risk 
                        students;
                          [(ii) the quality of educational 
                        opportunities afforded at-risk 
                        students, particularly the quality of 
                        educational opportunities afforded such 
                        students in highly concentrated urban 
                        areas and sparsely populated rural 
                        areas;
                          [(iii) methods for overcoming the 
                        barriers to learning that may impede 
                        student achievement;
                          [(iv) innovative teacher training and 
                        professional development methods to 
                        help at-risk students meet challenging 
                        standards;
                          [(v) methods to improve the quality 
                        of the education of American Indian and 
                        Alaska Native students not only in 
                        schools funded by the Bureau, but also 
                        in public elementary and secondary 
                        schools located on or near Indian 
                        reservations, including--
                                  [(I) research on mechanisms 
                                to facilitate the establishment 
                                of tribal departments of 
                                education that assume 
                                responsibility for all 
                                education programs of State 
                                educational agencies operating 
                                on an Indian reservation and 
                                all education programs funded 
                                by the Bureau on an Indian 
                                reservation;
                                  [(II) research on the 
                                development of culturally 
                                appropriate curriculum for 
                                American Indian and Alaska 
                                Native students, including 
                                American Indian and Alaska 
                                Native culture, language, 
                                geography, history and social 
                                studies, and graduation 
                                requirements related to such 
                                curriculum;
                                  [(III) research on methods 
                                for recruiting, training and 
                                retraining qualified teachers 
                                from American Indian and Alaska 
                                Native communities, including 
                                research to promote flexibility 
                                in the criteria for 
                                certification of such teachers;
                                  [(IV) research on techniques 
                                for improving the educational 
                                achievement of American Indian 
                                and Alaska Native students, 
                                including methodologies to 
                                reduce dropout rates and 
                                increase graduation by such 
                                students; and
                                  [(V) research concerning the 
                                performance by American Indian 
                                and Alaska Native students of 
                                limited-English proficiency on 
                                standardized achievement tests, 
                                and related factors;
                          [(vi) means by which parents and 
                        community resources and institutions 
                        (including cultural institutions) can 
                        be utilized to support and improve the 
                        achievement of at-risk students;
                          [(vii) the training of teachers and 
                        other educational professionals and 
                        paraprofessionals to work more 
                        effectively with at-risk students;
                          [(viii) the most effective uses of 
                        technology in the education of at-risk 
                        students;
                          [(ix) programs designed to promote 
                        gender equity in schools that serve at-
                        risk students;
                          [(x) improving the ability of 
                        classroom teachers and schools to 
                        assist new and diverse populations of 
                        students in successfully assimilating 
                        into the classroom environment;
                          [(xi) methods of assessing the 
                        achievement of students which are 
                        sensitive to cultural differences, 
                        provide multiple methods of assessing 
                        student learning, support student 
                        acquisition of higher order 
                        capabilities, and enable identification 
                        of the effects of inequalities in the 
                        resources available to support the 
                        learning of children throughout the 
                        United States; and
                          [(xii) other topics relevant to the 
                        purpose of the Institute; and
                  [(B) maximize the participation of those 
                schools and institutions of higher education 
                that serve the greatest number of at-risk 
                students in inner city and rural areas, and on 
                Indian reservations, including model 
                collaborative programs between schools and 
                school systems, institutions of higher 
                education, cultural institutions, and community 
                organizations.
          [(3) Consultation with indian and alaska native 
        educators.--All research and development activities 
        supported by the Institute which relate to the 
        education of Indian and Alaska Native students shall be 
        developed in close consultation with Indian and Alaska 
        Native researchers and educators, Tribally Controlled 
        Community Colleges, tribal departments of education, 
        and others with expertise in the needs of Indian and 
        Native Alaska students.
  [(f) National Institute on Early Childhood Development and 
Education.--
          [(1) Findings.--The Congress finds as follows:
                  [(A) Despite efforts to expand and improve 
                preschool programs, many children still reach 
                school age unprepared to benefit from formal 
                education programs.
                  [(B) Early intervention for disadvantaged 
                children from birth to age five has been shown 
                to be a highly cost-effective strategy for 
                reducing later expenditures on a wide variety 
                of health, developmental, and educational 
                problems that often interfere with learning. 
                Long-term studies of the benefits of preschool 
                education have a demonstrated return on 
                investment ranging from three to six dollars 
                for every one dollar spent.
                  [(C) The Federal Government should play a 
                central role in providing research-based 
                information on early childhood education models 
                which enhance children's development and 
                ultimately their success in school.
          [(2) Purpose.--The purpose of the National Institute 
        on Early Childhood Development and Education is to 
        carry out a comprehensive program of research and 
        development to provide nonpartisan, research-based 
        leadership to the United States as it seeks to improve 
        early childhood development and education. Such program 
        shall undertake research necessary to provide a sound 
        basis from which to identify, develop, evaluate, and 
        assist others to replicate methods and approaches that 
        promise to improve early childhood development and 
        education, such as--
                  [(A) social and educational development of 
                infants, toddlers, and preschool children;
                  [(B) the role of parents and the community in 
                promoting the successful social and educational 
                development of children from birth to age five;
                  [(C) topics relating to children's readiness 
                to learn, such as prenatal care, nutrition, and 
                health services;
                  [(D) family literacy and parental involvement 
                in student learning;
                  [(E) methods for integrating learning in 
                settings other than the classroom, particularly 
                within families and communities;
                  [(F) practices and approaches which sustain 
                the benefits of effective preschool and child 
                care programs;
                  [(G) effective learning methods and 
                curriculum for early childhood learning, 
                including access to current materials in 
                libraries;
                  [(H) the importance of family literacy and 
                parental involvement in student learning;
                  [(I) effective teaching and learning methods, 
                and curriculum;
                  [(J) instruction that considers the cultural 
                environment of children;
                  [(K) access to current materials in 
                libraries;
                  [(L) the impact that outside influences have 
                on learning, including television, and drug and 
                alcohol abuse;
                  [(M) the structure and environment of early 
                childhood education and child care settings 
                which lead to improved social and educational 
                development;
                  [(N) training and preparation of teachers and 
                other professional and paraprofessional 
                preschool and child care workers;
                  [(O) the use of technology, including methods 
                to help parents instruct their children; and
                  [(P) other topics relevant to the purpose of 
                the Institute.
          [(3) Certain requirements.--In carrying out the 
        activities of the Institute, the Assistant Secretary 
        shall ensure that the Institute's research and 
        development program provides information that can be 
        utilized in improving the major Federal early childhood 
        education programs.
  [(g) National Institute on Educational Governance, Finance, 
Policy-Making, and Management.--
          [(1) Findings.--The Congress finds as follows:
                  [(A) Many elementary and secondary schools in 
                the United States--
                          [(i) are structured according to 
                        models that are ineffective and rely on 
                        notions of management and governance 
                        that may be outdated or insufficient 
                        for the challenges of the next century; 
                        and
                          [(ii) are unsuccessful in equipping 
                        all students with the knowledge and 
                        skills needed to succeed as citizens 
                        and in the working world.
                  [(B) New approaches are needed in the 
                governance and management of elementary and 
                secondary education within the United States at 
                the State, local, school building and classroom 
                level.
                  [(C) Not enough is known about the effects of 
                various systems of school governance and 
                management on student achievement to provide 
                sound guidance to policymakers as such 
                policymakers pursue school restructuring and 
                reform.
                  [(D) A concentrated Federal effort is needed 
                to support research, development, 
                demonstration, and evaluation of approaches to 
                school governance, finance and management which 
                promise to improve education equity and 
                excellence throughout the United States.
          [(2) Purpose.--It shall be the purpose of the 
        National Institute on Educational Governance, Finance, 
        Policy-Making, and Management to carry out a 
        coordinated and comprehensive program of research and 
        development to provide nonpartisan, research-based 
        leadership to the United States as it seeks to improve 
        student achievement through school restructuring and 
        reform. Such program shall undertake research necessary 
        to provide a sound basis from which to identify, 
        develop and evaluate approaches in elementary and 
        secondary school governance, finance, policy-making, 
        and management at the State, local, tribal, school 
        building and classroom level which promise to improve 
        educational equity and excellence, such as--
                  [(A) open enrollment programs, public school 
                choice, magnet schools and other systems 
                through which parents may select the public 
                schools and educational programs in which their 
                children are enrolled;
                  [(B) innovative school design, including 
                lengthening the school day and the school year, 
                reducing class size and building professional 
                development into the weekly school schedule 
                and, as appropriate, conducting such further 
                research as may be recommended or suggested by 
                the report issued by the National Education 
                Commission on Time and Learning pursuant to 
                section 102 of the Education Council Act of 
                1991 (20 U.S.C. 1221-1 note);
                  [(C) effective approaches to organizing 
                learning;
                  [(D) effective ways of grouping students for 
                learning so that a student is not labeled or 
                stigmatized in ways that may impede such 
                student's achievement;
                  [(E) effective approaches to organizing, 
                structuring, and financing vocational 
                education;
                  [(F) the provision of financial and other 
                rewards and incentives to schools and educators 
                based on performance to improve student 
                achievement;
                  [(G) the use of regulatory flexibility on the 
                State or school district level to promote 
                innovation and school restructuring;
                  [(H) policy decisions at all levels and the 
                impact of such decisions on school achievement 
                and other student outcomes;
                  [(I) the effective use of dollars for 
                classroom construction;
                  [(J) expanding the role of teachers in 
                policymaking and administration at the school 
                and school district-wide level;
                  [(K) disparity in school financing among 
                States, school districts, schools, and schools 
                funded by the Bureau;
                  [(L) the use of technology in areas such as 
                assisting in school-based management or 
                ameliorating the effects of disparity in school 
                financing among States, school districts, and 
                schools funded by the Bureau;
                  [(M) the involvement of parents and families 
                in the management and governance of schools and 
                the education of their children;
                  [(N) effective approaches to increasing the 
                representation of women and minorities among 
                leadership and management positions in 
                education;
                  [(O) approaches to systemic reforms involving 
                the coordination of multiple policies of each 
                level of government to promote higher levels of 
                student achievement;
                  [(P) approaches to coordinated services for 
                children;
                  [(Q) teacher certification at the State and 
                tribal levels;
                  [(R) school-based management, shared 
                decisionmaking and other innovative school 
                structures, and State and local reforms and 
                educational policies, which show promise for 
                improving student achievement;
                  [(S) policies related to school-to-work 
                transitions and preparing non-college-bound 
                students; and
                  [(T) other topics relevant to the mission of 
                the Institute.
  [(h) National Institute on Postsecondary Education, 
Libraries, and Lifelong Learning.--
          [(1) Findings.--The Congress finds as follows:
                  [(A) The American system of postsecondary 
                education is foremost in the world in such 
                system's achievement of both academic 
                excellence and equity in access, but 
                maintaining that preeminence requires renewed 
                efforts to strengthen the quality of 
                postsecondary education. Disappointing student 
                performance on achievement tests and licensure 
                examinations, declining rates of postsecondary 
                education persistence and completion among 
                minorities, and other troubling trends in the 
                quality of postsecondary education should be 
                addressed by the United States as part of its 
                overall drive to improve American education.
                  [(B) The need to improve our economic 
                productivity of the United States to meet the 
                competitive challenges of a new, international 
                economy, coupled with high levels of mobility 
                in the United States labor market and 
                demographic changes in the workforce, now 
                demands more and higher quality programs of 
                learning and training in the American 
                workplace.
                  [(C) The more than 1,000,000 men and women 
                incarcerated in the prisons and jails in the 
                United States are among the most severely 
                educationally disadvantaged in the United 
                States, with high rates of functional 
                illiteracy and extremely low levels of 
                educational attainment. Since an estimated 90 
                percent of these individuals are expected to be 
                released by the end of the decade, the United 
                States must act to assure that our correctional 
                system has the means to equip these Americans 
                with the knowledge and skills they will need to 
                participate productively in our society.
                  [(D) The development of a ``Nation of 
                Students'' capable of and committed to the 
                pursuit of formal and informal lifelong 
                learning and literacy is essential to sustain 
                both national and individual economic success 
                and to provide a nurturing environment in which 
                all children and youth can learn and achieve. 
                Historically the most effective community 
                resource for lifelong learning, the public 
                library system of the United States, should 
                expand and restructure its delivery of services 
                to take full advantage of the potential of new 
                information technologies to meet the needs of 
                learning communities.
          [(2) Purpose.--The purpose of the National Institute 
        on Postsecondary Education, Libraries, and Lifelong 
        Learning is to promote greater coordination of Federal 
        research and development on issues related to adult 
        learning and to carry out a program of research and 
        development in adult learning to provide nonpartisan, 
        research-based leadership to the United States as it 
        seeks to improve libraries, postsecondary education, 
        literacy, and lifelong learning throughout the United 
        States. Such program--
                  [(A) shall only support research and 
                development in those areas of postsecondary 
                education, libraries, literacy, and lifelong 
                learning which are not being addressed by other 
                entities within the Federal Government;
                  [(B) may include basic and applied research, 
                development, replication, and evaluation 
                activities in areas such as--
                          [(i) methods of assessing and 
                        evaluating individual, program, and 
                        institutional performance;
                          [(ii) the uses and applications of 
                        new technologies to improve program 
                        effectiveness and enhance student 
                        learning;
                          [(iii) the most effective training 
                        methods for adults to upgrade education 
                        and vocational skills;
                          [(iv) opportunities for adults to 
                        continue their education beyond higher 
                        education and graduate school, in the 
                        context of lifelong learning and 
                        information-finding skills;
                          [(v) adult literacy and effective 
                        methods, including technology, to 
                        eliminate illiteracy;
                          [(vi) preparing students for a 
                        lifetime of work, the ability to adapt 
                        through retraining to the changing 
                        needs of the work force and the ability 
                        to learn new tasks;
                          [(vii) the use of technology to 
                        develop and deliver effective training 
                        methods for adults to upgrade their 
                        education and their vocational skills; 
                        and
                          [(viii) institutional and classroom 
                        policies and practices at the 
                        postsecondary level necessary to 
                        improve matriculation, persistence, 
                        achievement and graduation by students 
                        who are economically disadvantaged, 
                        ethnic and racial minorities, women, 
                        older, working, and who have children;
                          [(ix) instructional practices and 
                        programs which are effective in 
                        correctional settings;
                          [(x) new models of service delivery 
                        for public library systems which expand 
                        opportunities for lifelong learning;
                          [(xi) effective programs and 
                        approaches which promote greater access 
                        to and success by minorities in 
                        postsecondary programs which prepare 
                        such minorities for scientific, 
                        technical, teaching, and health career 
                        fields;
                          [(xii) effective teaching for the 
                        preparation and continuing education of 
                        teachers;
                          [(xiii) the development and 
                        evaluation of curricular materials for 
                        the initial and continuing education of 
                        teachers and teacher educators;
                          [(xiv) the role of Historically Black 
                        Colleges and Universities, Tribally 
                        Controlled Indian Community Colleges, 
                        women's colleges, and other special 
                        mission institutions in providing 
                        access, excellence, and equal 
                        opportunity in higher education;
                          [(xv) methods for evaluating the 
                        quality of education at different types 
                        of institutions of higher education at 
                        all levels and the roles and 
                        responsibilities of regional and 
                        national accrediting agencies;
                          [(xvi) methods for evaluating the 
                        productivity of different types of 
                        institutions of higher education;
                          [(xvii) financial barriers to 
                        postsecondary educational opportunity, 
                        including--
                                  [(I) the role of Federal 
                                programs authorized under title 
                                IV of the Higher Education Act 
                                of 1965 and State grant and 
                                work programs in mitigating 
                                such barriers;
                                  [(II) the impact of the 
                                rising total cost of 
                                postsecondary education on 
                                access to higher education; and
                                  [(III) the extent and impact 
                                of student reliance on loans to 
                                meet the costs of higher 
                                education;
                          [(xviii) opportunities for adults to 
                        continue their education beyond higher 
                        education and graduate school, in the 
                        context of lifelong learning and 
                        information-finding skills;
                          [(xix) preparing students for a 
                        lifetime of work, the ability to adapt 
                        through retraining to the changing 
                        needs of the work force and the ability 
                        to learn new tasks; and
                          [(xx) other topics relevant to the 
                        mission of the Institute.
          [(3) Involvement of certain agencies and 
        organizations.--In promoting coordination and 
        collaboration on research and development on issues 
        related to postsecondary education, literacy, 
        libraries, and lifelong learning, the Institute shall, 
        as appropriate, seek the involvement--
                  [(A) within the Department of Education of--
                          [(i) the Office of Library Programs;
                          [(ii) the Office of Correctional 
                        Education;
                          [(iii) the Office of Vocational and 
                        Adult Education;
                          [(iv) the National Institute on 
                        Disability and Rehabilitation Research; 
                        and
                          [(v) the Office of Postsecondary 
                        Education;
                  [(B) of the National Institute for Literacy;
                  [(C) of the National Board for Professional 
                Teaching Standards;
                  [(D) of the Employment and Training 
                Administration of the Department of Labor;
                  [(E) of the Administration for Children and 
                Families within the Department of Health and 
                Human Services;
                  [(F) of the National Institutes of Health;
                  [(G) of the National Endowment for the 
                Humanities;
                  [(H) of the National Endowment for the Arts;
                  [(I) of the Bureau of Prisons of the 
                Department of Justice;
                  [(J) of the Department of Commerce;
                  [(K) of the Department of Defense; and
                  [(L) of the Office of Indian Education 
                Programs of the Department of the Interior.
          [(4) Additional responsibilities.--In addition to the 
        responsibilities described in paragraph (2), the 
        Assistant Secretary shall ensure that the activities of 
        the National Center on Literacy are fully coordinated 
        with those of the National Institute for Literacy.
  [(i) Coordination and Research Synthesis.--The Assistant 
Secretary shall promote and provide for research syntheses and 
the coordination of research and development activities among 
the Institutes established by this section to investigate those 
cross-cutting disciplines and areas of inquiry which are 
relevant to the missions of more than one of the Institutes. 
Such activities--
          [(1) may be carried out jointly by any one of the 
        Institutes and--
                  [(A) one (or more) of the Institutes;
                  [(B) the National Center for Education 
                Statistics; or
                  [(C) any research and development entity 
                administered by other offices of the Department 
                of Education or by any other Federal agency or 
                department; and
          [(2) shall meet all the standards developed by the 
        Assistant Secretary and approved by the Board for other 
        research and development conducted by the Office.
  [(j) Dates for Establishment of Institutes.--The National 
Institute on the Education of At-Risk Students, the National 
Institute on Educational Governance, Finance, Policy-Making, 
and Management, the National Institute on Early Childhood 
Development and Education, the National Institute on Student 
Achievement, Curriculum, and Assessment and the National 
Institute on Postsecondary Education, Libraries, and Lifelong 
Learning shall each be established on October 1, 1995.

            [PART D--NATIONAL EDUCATION DISSEMINATION SYSTEM

[SEC. 941. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  [(a) In General.--
          [(1) Findings.--The Congress finds as follows:
                  [(A) In order to improve the American 
                educational system for all students, achieve 
                the National Education Goals, and provide for 
                greater educational equity, policymakers, 
                administrators, teachers, and parents must have 
                ready access to the best information and 
                methods available as a result of educational 
                research and development.
                  [(B) The Office of Educational Research and 
                Improvement should have as one of its primary 
                purposes the dissemination of such information 
                and methods in order to assist the national 
                education reform effort.
                  [(C) All current resources within the Office, 
                the Department of Education, and other agencies 
                that can help accomplish the purposes described 
                in subparagraph (B) should be coordinated by 
                the Assistant Secretary, to the extent 
                practicable, so as to form a systematic process 
                to accomplish such purposes.
                  [(D) Education research has the capacity to 
                improve teaching and learning in our Nation's 
                schools, however, teachers need training in the 
                skills necessary to translate research into 
                practice and to allow teachers to become 
                knowledgeable practitioners and leaders in 
                educational improvement.
                  [(E) Adequate linkages between research and 
                development providers and practitioners are 
                essential to ensuring that research on 
                effective practice is useful, disseminated to 
                and supported with technical assistance for all 
                educators, and that all educators are partners 
                in the research and development process.
          [(2) Purpose.--The purpose of this section is to--
                  [(A) create a national system of 
                dissemination, development, and educational 
                improvement in order to create, adapt, 
                identify, validate, and disseminate to 
                educators, parents, and policymakers those 
                educational programs that have potential or 
                have been shown to improve educational 
                opportunities for all students; and
                  [(B) empower and increase the capacity of 
                teachers to participate in the research and 
                development process.
          [(3) Definition of educational program.--For the 
        purposes of this section, the term ``educational 
        program'' includes educational policies, research 
        findings, practices, and products.
  [(b) Establishment of Office.--
          [(1) In general.--There is established within the 
        Office an Office of Reform Assistance and Dissemination 
        (hereafter in this section referred to as the 
        ``Dissemination Office'') through which the Secretary 
        shall carry out all functions and activities described 
        in this section. Such office shall be headed by a 
        Director who shall be appointed by the Assistant 
        Secretary and have demonstrated expertise and 
        experience in dissemination, including promoting the 
        effective use of research in the classroom.
          [(2) Certain duties.--The Dissemination Office 
        shall--
                  [(A) disseminate relevant and useful 
                research, information, products, and 
                publications developed through or supported by 
                the Department of Education to schools, 
                educators, parents, and policymakers throughout 
                the United States;
                  [(B) operate a depository for all Department 
                of Education publications and products and make 
                available for reproduction such publications 
                and products;
                  [(C) provide technical and financial 
                assistance to individuals and organizations in 
                the process of developing promising educational 
                programs but who might not, without such 
                assistance, be able to complete necessary 
                development and assessment activities;
                  [(D) coordinate the dissemination efforts of 
                the Office, the regional educational 
                laboratories, the research institutes, the 
                National Diffusion Network, and the Educational 
                Resources Information Center Clearinghouses;
                  [(E) provide training and technical 
                assistance regarding the implementation and 
                adoption of exemplary and promising programs by 
                interested entities;
                  [(F) carry out a program of research on 
                models for successful knowledge dissemination, 
                and utilization, and strategies for reaching 
                education policymakers, practitioners, and 
                others interested in education;
                  [(G) develop the capacity to connect schools 
                and teachers seeking information with the 
                relevant regional educational laboratories 
                assisted under subsection (h), the National 
                Diffusion Network, the Institutes assisted 
                under this section, and the Educational 
                Resources Information Center Clearinghouses; 
                and
                  [(H) provide a biennial report to the 
                Secretary regarding the types of information, 
                products, and services that teachers, schools, 
                and school districts have requested and have 
                determined to be most useful, and describe 
                future plans to adapt Department of Education 
                products and services to address the needs of 
                the users of such information, products, and 
                services.
          [(3) Additional duties.--The Dissemination Office 
        shall carry out a process for the identification of 
        educational programs that work, dissemination through 
        electronic networking and new technologies and the 
        functions and activities performed by the following:
                  [(A) The Educational Resources Information 
                Center Clearinghouses.
                  [(B) The regional educational laboratories.
                  [(C) The Teacher Research Dissemination 
                Demonstration Program.
                  [(D) The Goals 2000 Community Partnerships 
                Program.
                  [(E) The existing National Diffusion Network 
                and its Developer-Demonstrator and State 
                Facilitator projects.
                  [(F) Such other programs, activities, or 
                entities the Secretary determines are 
                consistent with purposes for which the 
                Dissemination Office is established.
  [(c) Identification of Programs.--The Assistant Secretary 
shall coordinate a process through which successful educational 
programs are actively sought out for possible dissemination 
through the national educational dissemination system. Such 
process shall, at a minimum, have the capability to--
          [(1) work closely with the Institutes, research and 
        development centers, regional educational laboratories, 
        the National Diffusion Network and its Developer-
        Demonstrator and State Facilitator projects, learning 
        grant institutions established under the Goals 2000 
        Community Partnerships Program, Department of 
        Education-supported technical assistance providers, and 
        other entities to identify successful educational 
        programs at the regional, State, local, or classroom 
        level;
          [(2) review successful educational programs supported 
        by the Department of Education through all of its 
        programs;
          [(3) through cooperative agreements, review for 
        possible inclusion in the system educational programs 
        administered by the Departments of Health and Human 
        Services (particularly the Head Start program), Labor, 
        and Defense, the National Science Foundation, the 
        Department of the Interior (particularly the Office of 
        Indian Education Programs), and any other appropriate 
        Federal agency; and
          [(4) provide for an active outreach effort to 
        identify successful educational programs through 
        cooperative arrangements with State and local education 
        agencies, teachers and teacher organizations, 
        curriculum associations, foundations, private schools, 
        institutions of higher education, and other entities 
        that could enhance the ability of the Secretary to 
        identify programs for possible inclusion in the 
        dissemination system.
  [(d) Designation of Exemplary and Promising Programs.--
          [(1) In general.--The Assistant Secretary, in 
        consultation with the Board, shall establish 1 or more 
        panels of appropriately qualified experts and 
        practitioners to--
                  [(A) evaluate educational programs that have 
                been identified by the Secretary under 
                subsection (c) or that have been submitted to 
                the Secretary for such evaluation by some other 
                individual or organization; and
                  [(B) recommend to the Secretary programs that 
                should be designated as exemplary or promising 
                educational programs.
          [(2) Considerations in making recommendations.--In 
        determining whether an educational program should 
        receive a recommendation under paragraph (1), a panel 
        established under such paragraph shall consider--
                  [(A) whether, based on empirical data, which 
                may include test results, the program is 
                effective and should be designated as exemplary 
                and disseminated through the national 
                dissemination system; or
                  [(B) whether there is sufficient evidence to 
                lead a panel of experts and practitioners to 
                believe that the program shows promise for 
                improving student achievement and should be 
                designated as promising and disseminated 
                through the national dissemination system while 
                the program continues to be evaluated.
          [(3) Requirement regarding approval of programs.--In 
        seeking out programs for approval under paragraph (2), 
        the Assistant Secretary shall seek programs that may be 
        implemented at the State, local, and classroom level.
          [(4) Requirements regarding panels.--
                  [(A) A panel shall not eliminate a program 
                from consideration under this subsection based 
                solely on the fact that the program does not 
                have one specific type of supporting data, such 
                as test scores.
                  [(B) The Assistant Secretary may not 
                designate a program as exemplary or promising 
                unless a panel established under paragraph (1) 
                has recommended that the program be so 
                designated.
                  [(C) The Secretary shall establish such 
                panels under paragraph (1) as may be necessary 
                to ensure that each program identified or 
                submitted for evaluation is evaluated.
                  [(D) Not less than \2/3\ of the membership of 
                a panel established under paragraph (1) shall 
                consist of individuals who are not officers or 
                employees of the United States. Members of 
                panels under paragraph (1) who are not 
                employees of the United States shall receive 
                compensation for each day they are engaged in 
                carrying out the duties of the panel as well as 
                compensation for their expenses.
  [(e) Dissemination of Exemplary and Promising Programs.--In 
order to ensure that programs identified as exemplary or 
promising are available for adoption by the greatest number of 
teachers, schools, local and State education agencies, and 
Bureau-funded schools, the Assistant Secretary shall utilize 
the capabilities of--
          [(1) the Educational Resources Information Center 
        Clearinghouses;
          [(2) electronic networking;
          [(3) the regional educational laboratories;
          [(4) the National Diffusion Network;
          [(5) entities established under the Goals 2000 
        Community Partnerships Program;
          [(6) department-supported technical assistance 
        providers;
          [(7) the National Library of Education; and
          [(8) other public and private nonprofit entities, 
        including existing education associations and networks, 
        that have the capability to assist educators in 
        adopting exemplary and promising programs.
  [(f) Educational Resources Information Center 
Clearinghouses.--
          [(1) In general.--The Assistant Secretary shall 
        establish a system of 16 clearinghouses having, at a 
        minimum, the functions and scope of work as the 
        clearinghouses had on the day preceding the date of the 
        enactment of this title. The Assistant Secretary shall 
        establish for the clearinghouses a policy for the 
        abstraction from, and inclusion in, the Educational 
        Resources Information Center Clearinghouses system for 
        books, periodicals, reports, and other materials 
        related to education.
          [(2) Additional functions.--In addition to those 
        functions carried out by the clearinghouses on the day 
        preceding the date of the enactment of this title, such 
        clearinghouses may--
                  [(A) periodically produce interpretive 
                summaries, digests, and syntheses of the 
                results and findings of education-related 
                research and development; and
                  [(B) contain and make available to users 
                information concerning those programs 
                designated as exemplary and promising under 
                subsection (d).
          [(3) Coordination of activities.--The Assistant 
        Secretary shall assure that the functions and 
        activities of such clearinghouses are coordinated with 
        the activities of the Institutes, the regional 
        educational laboratories, learning grant institutions, 
        other clearinghouses supported by the Department of 
        Education, the National Diffusion Network, and other 
        appropriate entities within the Office and such 
        Department.
          [(4) Special responsibilities of the secretary.--To 
        assure that the information provided through such 
        clearinghouses is fully comprehensive, the Secretary 
        shall--
                  [(A) require that all reports, studies, and 
                other resources produced directly or by grant 
                or contract with the Department of Education 
                are made available to clearinghouses;
                  [(B) establish cooperative agreements with 
                the Departments of Defense, Health and Human 
                Services, Interior, and other Federal 
                departments and agencies to assure that all 
                education-related reports, studies, and other 
                resources produced directly or by grant from or 
                contract with the Federal Government are made 
                available to such clearinghouses; and
                  [(C) devise an effective system for 
                maximizing the identification, synthesis, and 
                dissemination of information related to the 
                needs of Indian and Alaska Native children.
          [(5) Copyright prohibited.--
                  [(A) No clearinghouse or other entity 
                receiving assistance under this subsection may 
                copyright or otherwise charge a royalty or 
                other fee that--
                          [(i) is for the use or 
                        redissemination of any database, index, 
                        abstract, report, or other information 
                        produced with assistance under this 
                        subsection; and
                          [(ii) exceeds the incremental cost of 
                        disseminating such information.
                  [(B) For purposes of subparagraph (A), the 
                incremental cost of dissemination does not 
                include any portion of the cost of collecting, 
                organizing, or processing the information which 
                is disseminated.
  [(g) Dissemination Through New Technologies.--
          [(1) In general.--The Assistant Secretary is 
        authorized to award grants or contracts in accordance 
        with this subsection to support the development of 
        materials, programs, and resources which utilize new 
        technologies and techniques to synthesize and 
        disseminate research and development findings and other 
        information which can be used to support educational 
        improvement.
          [(2) Electronic networking.--
                  [(A) Electronic network.--The Assistant 
                Secretary, acting through the Office of Reform 
                Assistance and Dissemination, shall establish 
                and maintain an electronic network which shall, 
                at a minimum, link--
                          [(i) each office of the Department of 
                        Education;
                          [(ii) the Institutes established by 
                        section 931;
                          [(iii) the National Center for 
                        Education Statistics;
                          [(iv) the National Library of 
                        Education; and
                          [(v) entities engaged in research, 
                        development, dissemination, and 
                        technical assistance under grant from, 
                        or contract, or cooperative agreement 
                        with, the Department of Education.
                  [(B) Certain requirements for network.--The 
                network described in subparagraph (A) shall--
                          [(i) to the extent feasible, build 
                        upon existing national, regional, and 
                        State electronic networks and support 
                        video, telecomputing, and interactive 
                        communications;
                          [(ii) at a minimum, have the 
                        capability to support electronic mail 
                        and file transfer services;
                          [(iii) be linked to and accessible to 
                        other users, including State and local 
                        education agencies, institutions of 
                        higher education, museums, libraries, 
                        and others through the Internet and the 
                        National Research and Education 
                        Network; and
                          [(iv) be provided at no cost 
                        (excluding the costs of necessary 
                        hardware) to the contractors and 
                        grantees described in clause (v) of 
                        subparagraph (A) and to educational 
                        institutions accessing such network 
                        through the Internet and the National 
                        Research and Education Network.
                  [(C) the creation of any such additional 
                laboratory region is announced at the time of 
                the announcement of the competition for 
                contracts for all regional educational 
                laboratories;
                  [(D) the creation of a regional educational 
                laboratory that involves the combination or 
                subdivision of a region or regions in existence 
                on the day preceding the date of enactment of 
                this Act in which States in 1 such region are 
                combined with States in another such region 
                does not result in any region in existence on 
                such date permanently becoming part of a larger 
                region, nor result in any such region 
                permanently subsuming another region, nor 
                creates within the continental United States a 
                region that is smaller than 4 contiguous 
                States, nor partitions a region in existence on 
                the day preceding the date of the enactment of 
                this Act to include less than 4 contiguous 
                States included in the region on the day 
                preceding the date of enactment of this Act;
                  [(E) the Assistant Secretary has published a 
                notice in the Federal Register inviting the 
                public, for a period of not less than 60 days, 
                to make recommendations with respect to the 
                creation of 1 or 2 additional regional 
                educational laboratories;
                  [(F) the Assistant Secretary has solicited 
                and received letters of support for the 
                creation of any new region from the Chief State 
                School Officers and State boards of education 
                in each of the contiguous States that would be 
                included in such new region.
          [(3) Duties.--Each regional educational laboratory 
        receiving assistance under this section shall promote 
        the implementation of broad-based systemic school 
        improvement strategies and shall have as such 
        laboratory's central mission and primary function to--
                  [(A) develop and disseminate educational 
                research products and processes to schools, 
                teachers, local educational agencies, State 
                educational agencies, librarians, and schools 
                funded by the Bureau, as appropriate, and 
                through such development and dissemination, and 
                provide technical assistance, to help all 
                students meet standards;
                  [(B) develop a plan for identifying and 
                serving the needs of the region by conducting a 
                continuing survey of the educational needs, 
                strengths, and weaknesses within the region, 
                including a process of open hearings to solicit 
                the views of schools, teachers, administrators, 
                parents, local educational agencies, 
                librarians, and State educational agencies 
                within the region;
                  [(C) provide technical assistance to State 
                and local educational agencies, school boards, 
                schools funded by the Bureau, as appropriate, 
                State boards of education, schools, and 
                librarians;
                  [(D) facilitate school restructuring at the 
                individual school level, including technical 
                assistance for adapting model demonstration 
                grant programs to each school;
                  [(E) serve the educational development needs 
                of the region by providing education research 
                in usable forms in order to promote school 
                improvement and academic achievement and to 
                correct educational deficiencies;
                  [(F) facilitate communication between 
                educational experts, school officials, and 
                teachers, parents, and librarians, to enable 
                such individuals to assist schools to develop a 
                plan to meet the National Education Goals;
                  [(G) provide training in--
                          [(i) the field of education research 
                        and related areas;
                          [(ii) the use of new educational 
                        methods; and
                          [(iii) the use of information-finding 
                        methods, practices, techniques, and 
                        products developed in connection with 
                        such training for which the regional 
                        educational laboratory may support 
                        internships and fellowships and provide 
                        stipends;
                  [(H) use applied educational research to 
                assist in solving site-specific problems and to 
                assist in development activities;
                  [(I) conduct applied research projects 
                designed to serve the particular needs of the 
                region only in the event that such quality 
                applied research does not exist as determined 
                by the regional education laboratory or the 
                Department of Education;
                  [(J) collaborate and coordinate services with 
                other technical assistance providers funded by 
                the Department of Education;
                  [(K) provide support and technical assistance 
                in--
                          [(i) replicating and adapting 
                        exemplary and promising practices;
                          [(ii) the development of high-
                        quality, challenging curriculum 
                        frameworks;
                          [(iii) the development of valid, 
                        reliable assessments which are linked 
                        to State, local, or Bureau-funded 
                        content and student performance 
                        standards and reflect recent advances 
                        in the field of educational assessment;
                          [(iv) the improvement of professional 
                        development strategies to assure that 
                        all teachers are prepared to teach a 
                        challenging curriculum;
                          [(v) expanding and improving the use 
                        of technology in education to improve 
                        teaching and learning;
                          [(vi) the development of alternatives 
                        for restructuring school finance 
                        systems to promote greater equity in 
                        the distribution of resources; and
                          [(vii) the development of alternative 
                        administrative structures which are 
                        more conducive to planning, 
                        implementing, and sustaining school 
                        reform and improved educational 
                        outcomes; and
                  [(L) bring teams of experts together to 
                develop and implement school improvement plans 
                and strategies.
          [(4) Networking.--In order to improve the efficiency 
        and effectiveness of the regional laboratories, the 
        governing boards of the regional laboratories shall 
        establish and maintain a network to--
                  [(A) share information about the activities 
                each laboratory is carrying out;
                  [(B) plan joint activities that would meet 
                the needs of multiple regions;
                  [(C) 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
                  [(D) otherwise devise means by which the work 
                of the individual laboratories could serve 
                national, as well as regional, needs.
          [(5) Additional duties.--Each regional education 
        laboratory receiving assistance under this subsection 
        shall carry out the following activities:
                  [(A) Collaborate with the Institutes 
                established under section 931 in order to--
                          [(i) maximize the use of research 
                        conducted through the Institutes in the 
                        work of such laboratory;
                          [(ii) keep the Institutes apprised of 
                        the work of the regional educational 
                        laboratory in the field; and
                          [(iii) inform the Institutes about 
                        additional research needs identified in 
                        the field.
                  [(B) Consult with the State educational 
                agencies and library agencies in the region in 
                developing the plan for serving the region.
                  [(C) Develop strategies to utilize schools as 
                critical components in reforming education and 
                revitalizing rural communities in the United 
                States.
                  [(D) Report and disseminate information on 
                overcoming the obstacles faced by rural 
                educators and rural schools.
                  [(E) Identify successful educational programs 
                that have either been developed by such 
                laboratory in carrying out such laboratory's 
                functions or that have been developed or used 
                by others within the region served by the 
                laboratory and make such information available 
                to the Secretary and the network of regional 
                laboratories so that such programs may be 
                considered for inclusion in the national 
                education dissemination system.
          [(6) Certain requirements.--In carrying out its 
        responsibilities, each regional educational laboratory 
        shall--
                  [(A) establish a governing board that--
                          [(i) reflects a balanced 
                        representation of the States in the 
                        region, as well as the interests and 
                        concerns of regional constituencies, 
                        and that includes teachers and 
                        education researchers;
                          [(ii) 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 Assistant 
                                Secretary 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 Assistant Secretary, 
                                the mission of the regional 
                                educational laboratory for the 
                                duration of the contract 
                                period;
                          [(iii) ensures that the regional 
                        educational laboratory attains and 
                        maintains a high level of quality in 
                        the laboratory's work and products;
                          [(iv) establishes standards to ensure 
                        that the regional educational 
                        laboratory has strong and effective 
                        governance, organization, management, 
                        and administration, and employs 
                        qualified staff;
                          [(v) directs the regional educational 
                        laboratory to carry out the 
                        laboratory's duties in a manner as will 
                        make progress toward achieving the 
                        National Education Goals and reforming 
                        schools and educational systems; and
                          [(vi) 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.
                  [(B) Comply with the standards developed by 
                the Assistant Secretary and approved by the 
                Board under section 912.
                  [(C) Coordinate its activities, collaborate, 
                and regularly exchange information with the 
                Institutes established under section 941, the 
                National Diffusion Network, and its Developer-
                Demonstrator and State Facilitator projects, 
                learning grant institutions and district 
                education agents assisted under subsection (i), 
                the Educational Resources Information Center 
                Clearinghouses, and other entities engaged in 
                technical assistance and dissemination 
                activities which are supported by other offices 
                of the Department of Education.
                  [(D) 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.
          [(7) Evaluations.--The Assistant Secretary shall 
        provide for independent evaluations of each of the 
        regional educational laboratories in carrying out the 
        duties described in paragraph (1) in the third year 
        that such laboratory receives assistance under this 
        subsection in accordance with the standards developed 
        by the Assistant Secretary and approved by the Board 
        and shall transmit the results of such evaluations to 
        the relevant committees of the Congress, the Board, and 
        the appropriate regional educational laboratory board.
          [(8) Invitation regarding competition for awards of 
        assistance.--Prior to awarding a grant or entering into 
        a contract under this section, the Secretary shall 
        invite applicants, including the regional educational 
        laboratories in existence on the day preceding the date 
        of enactment of this Act, to compete for such award 
        through notice in the Federal Register and in the 
        publication of the Department of Commerce known as the 
        Commerce Business Daily.
          [(9) Application for assistance.--Each application 
        for assistance under this subsection shall--
                  [(A) cover not less than a 5-year period;
                  [(B) describe how the applicant would carry 
                out the activities required by this subsection; 
                and
                  [(C) contain such additional information as 
                the Secretary may reasonably require.
          [(10) Rule of construction.--No regional educational 
        laboratory receiving assistance under this subsection 
        shall, by reason of the receipt of that assistance, be 
        ineligible to receive any other assistance from the 
        Department of Education as authorized by law or be 
        prohibited from engaging in activities involving 
        international projects or endeavors.
          [(11) Advance payment system.--Each regional 
        educational laboratory shall participate in the advance 
        payment system at the Department of Education.
          [(12) Additional projects.--In addition to activities 
        described in paragraph (3), the Assistant Secretary, 
        from amounts appropriated pursuant to subsection (h), 
        is authorized to enter into agreements with a regional 
        educational laboratory for the purpose of carrying out 
        additional projects to enable such regional educational 
        laboratory to assist in efforts to achieve the National 
        Education Goals and for other purposes.
          [(13) Plan.--Not later than July 1 of each year, each 
        regional educational laboratory shall submit to the 
        Assistant Secretary 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--
                  [(A) the plans such laboratory expects to 
                submit in the remaining years of such 
                laboratory's contract; and
                  [(B) an assessment of how well such 
                laboratory is meeting the needs of the region.
          [(14) Construction.--Nothing in this subsection shall 
        be construed to require any modifications in the 
        regional educational laboratory contracts in effect on 
        the day preceding the date of enactment of this title.
  [(i) Goals 2000 Community Partnerships Program.--
          [(1) Purpose.--The purpose of the Goals 2000 
        Community Partnerships program is to improve the 
        quality of learning and teaching in the most 
        impoverished urban and rural communities of the United 
        States by supporting sustained collaborations between 
        universities, schools, businesses, and communities 
        which apply and utilize the results of educational 
        research and development.
          [(2) Grants for goals 2000 community partnerships.--
        The Assistant Secretary is authorized to make grants to 
        eligible entities to support the establishment of 
        Learning Grant Institutions and District Education 
        Agents and the activities authorized under this 
        subsection within eligible communities.
          [(3) Definition of eligible entity and eligible 
        community.--For the purposes of this subsection:
                  [(A) The term ``eligible entity'' includes 
                any institution of higher education, regional 
                educational laboratory, National Diffusion 
                Network project, national research and 
                development center, public or private nonprofit 
                corporation, or any consortium thereof, that--
                          [(i) has demonstrated experience, 
                        expertise and commitment in serving the 
                        educational needs of at-risk students; 
                        and
                          [(ii) is, by virtue of its previous 
                        activities, knowledgeable about the 
                        unique needs and characteristics of the 
                        community to be served.
                  [(B) The term ``eligible community'' means a 
                unit of general purpose local government (such 
                as a city, township, or village), a 
                nonmetropolitan county, tribal village, or a 
                geographically distinct area (such as a school 
                district, school attendance area, ward, 
                precinct or neighborhood), or any group of such 
                entities that--
                          [(i) has a population of not less 
                        than 200,000 and not more than 300,000; 
                        and
                          [(ii) in which not less than one-half 
                        of the school-age children have family 
                        incomes which are below the poverty 
                        line, as determined by the 1990 United 
                        States Census, participation in the 
                        National School Lunch program, or other 
                        current, reliable data concerning 
                        family income.
          [(4) Goals 2000 community partnerships.--Each 
        learning grant institution receiving assistance under 
        this subsection shall establish a Goals 2000 community 
        partnership to carry out the activities authorized 
        under this subsection. Such partnership--
                  [(A) shall include the participation of one 
                or more local educational agencies, 
                institutions of higher education, community-
                based organizations, parents, teachers, and the 
                business community;
                  [(B) may include the participation of human, 
                social service and health care agencies, Head 
                Start and child care agencies, libraries, 
                museums, employment and training agencies, and 
                the State educational agency or tribal 
                department of education; and
                  [(C) shall be broadly representative of all 
                segments of the community in which the 
                activities will be carried out.
          [(5) Comprehensive goals 2000 plan.--Each Goals 2000 
        Community Partnership shall develop a comprehensive 
        plan for assuring educational success and high 
        achievement for all students in the community. Each 
        such plan shall--
                  [(A) adopt the National Education Goals;
                  [(B) identify additional needs and goals for 
                educational improvement within the community;
                  [(C) focus on helping all students reach 
                challenging content and student performance 
                standards;
                  [(D) be consistent with the State and local 
                improvement plans for system-wide education 
                improvement developed pursuant to title III;
                  [(E) establish a comprehensive community-wide 
                plan for achieving such goals; and
                  [(F) develop a means for measuring the 
                progress of the community in meeting such goals 
                for improvement.
          [(6) Implementation of community-wide plan.--Each 
        Goals 2000 Community Partnership shall, utilizing the 
        District Education Agent, provide assistance in 
        implementing the community-wide plan for educational 
        improvement by--
                  [(A) supporting innovation, restructuring, 
                and continuous improvement in educational 
                practice by--
                          [(i) disseminating information 
                        throughout the community about 
                        exemplary and promising educational 
                        programs, practices, products, and 
                        policies;
                          [(ii) evaluating the effectiveness of 
                        federally funded educational programs 
                        within the community and identifying 
                        changes in such programs which are 
                        likely to improve student achievement;
                          [(iii) identifying, selecting and 
                        replicating exemplary and promising 
                        educational programs, practices, 
                        products, and policies in both in- and 
                        out-of-school settings;
                          [(iv) applying educational research 
                        to solve specific problems in the 
                        classroom, home and community which 
                        impede learning and student 
                        achievement; and
                          [(v) supporting research and 
                        development by teachers, school 
                        administrators, and other practitioners 
                        which promise to improve teaching and 
                        learning and the organization of 
                        schools;
                  [(B) improving the capacity of educators, 
                school administrators, child care providers and 
                other practitioners to prepare all students to 
                reach challenging standards and to attain the 
                goals set out in the comprehensive community-
                wide plan through such means as--
                          [(i) the training of prospective and 
                        novice teachers (including preschool 
                        and early childhood educators) in a 
                        school setting under the guidance of 
                        master teachers and teacher educators;
                          [(ii) training and other activities 
                        to promote the continued learning and 
                        professional development of experienced 
                        teachers, related services personnel, 
                        school administrators to assure that 
                        such teachers develop the subject 
                        matter and pedagogical expertise needed 
                        to prepare all students to reach 
                        challenging standards;
                          [(iii) training and other activities 
                        to increase the ability of prospective, 
                        novice, and experienced teachers to 
                        teach effectively at-risk students, 
                        students with disabilities, students 
                        with limited-English proficiency, and 
                        students from diverse cultural 
                        backgrounds; and
                          [(iv) programs to enhance teaching 
                        and classroom management skills, 
                        including school-based management 
                        skills, of novice, prospective, and 
                        experienced teachers;
                  [(C) promoting the development of an 
                integrated system of service delivery to 
                children from birth through age 18 and their 
                families by facilitating linkages and 
                cooperation among--
                          [(i) local educational agencies;
                          [(ii) health and social services 
                        agencies and providers;
                          [(iii) juvenile justice and criminal 
                        justice agencies;
                          [(iv) providers of employment 
                        training; and
                          [(v) child care, Head Start, and 
                        other early childhood agencies; and
                  [(D) mobilizing the resources of the 
                community in support of student learning and 
                high achievement by facilitating effective 
                partnerships and collaboration among--
                          [(i) local educational agencies;
                          [(ii) postsecondary educational 
                        institutions;
                          [(iii) public libraries;
                          [(iv) parents;
                          [(v) community-based organizations, 
                        neighborhood associations, and other 
                        civic and community organizations;
                          [(vi) child care, Head Start, and 
                        other early childhood agencies;
                          [(vii) churches, synagogues and other 
                        religious institutions;
                          [(viii) labor organizations; and
                          [(ix) business and industry.
          [(7) Additional requirements.--In carrying out its 
        responsibilities under this subsection, each 
        partnership receiving assistance under this subsection 
        shall--
                  [(A) appoint a District Education Agent who 
                shall be responsible, on a full-time basis, for 
                directing the implementation of the community-
                wide plan, who shall have significant 
                experience and expertise in the field of 
                education in--
                          [(i) addressing the needs of at-risk 
                        students; and
                          [(ii) conducting educational research 
                        and promoting the application of the 
                        results of such research to educational 
                        practice;
                  [(B) provide for such other professional and 
                support personnel as may be necessary to 
                implement the community-wide plan under the 
                direction of the District Education Agent; and
                  [(C) coordinate the partnership's activities 
                and work cooperatively with the National 
                Diffusion Network State facilitators, regional 
                educational laboratories, and other components 
                of the Office to utilize most effectively 
                Federal research, development, and 
                dissemination resources in implementing the 
                community-wide plan.
          [(8) Application for grants.--Any eligible entity 
        desiring a grant under this subsection shall submit an 
        application to the Assistant Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Assistant Secretary may reasonably require. Each such 
        application shall--
                  [(A) include a comprehensive plan for meeting 
                the objectives and requirements of this 
                subsection; and
                  [(B) provide evidence of support for the 
                application from local elected officials, the 
                State educational agency, the local educational 
                agency, parents, local community leaders, 
                businesses, and other appropriate 
                organizations.
          [(9) Priority in making grants; duration and amount 
        of grant.--Each grant made under this subsection shall 
        be--
                  [(A) awarded on a competitive basis, with 
                first priority given to those applications from 
                communities with the greatest percentage of 
                school-age children in families with poverty-
                level incomes;
                  [(B) made for a 5-year period, with funding 
                for the second and each succeeding year in such 
                period conditioned upon a determination by the 
                Assistant Secretary that the grant recipient 
                has complied with the conditions of the grants 
                during the previous year; and
                  [(C) an amount equal to not less than 
                $1,000,000 per year.
          [(10) Limitation of one grant per congressional 
        district.--Not more than one grant under this 
        subsection shall be awarded within a single 
        congressional district.
          [(11) Technical assistance; evaluations.--In 
        administering the program authorized under this 
        subsection, the Assistant Secretary shall, either 
        directly or through grant or contract with an eligible 
        nonprofit agency--
                  [(A) upon request, provide technical 
                assistance to eligible entities to assist in 
                the development of a comprehensive community-
                wide plan to meet the requirements of this 
                subsection and in the preparation of 
                applications for assistance;
                  [(B) regularly provide technical assistance 
                to learning grant institutions receiving 
                assistance under this subsection to assist with 
                the development and implementation of the 
                comprehensive community-wide plan for 
                educational improvement;
                  [(C) provide for an independent evaluation of 
                the activities assisted under this subsection, 
                including--
                          [(i) the impact of the Goals 2000 
                        Community Partnerships program on 
                        children and families within each 
                        community, including effects on the 
                        extent of educational achievement, 
                        rates of school retention and 
                        completion, and enrollment in 
                        postsecondary educational programs; and
                          [(ii) whether an intensified effort 
                        to apply and utilize educational 
                        research within a limited geographic 
                        area significantly improves student 
                        learning and achievement; and
                  [(D) plan for the expansion of the Goals 2000 
                Community Partnerships program throughout the 
                remainder of the United States beginning in 
                fiscal year 1999.

                 [PART E--NATIONAL LIBRARY OF EDUCATION

[SEC. 951. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND 
                    IMPROVEMENT.

  [(a) In General.--There is established within the Department 
of Education a National Library of Education (hereafter in this 
section referred to as the ``Library''), which shall be 
maintained by the Department of Education as a governmental 
activity.
  [(b) Functions of Library.--The functions of the Library 
are--
          [(1) to provide a central location within the Federal 
        Government for information about education;
          [(2) to 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
          [(3) to promote greater cooperation and resource 
        sharing among providers and repositories of education 
        information in the United States.
  [(c) Mission.--The mission of the Library shall be to--
          [(1) become a principal center for the collection, 
        preservation, and effective utilization of the research 
        and other information related to education and to the 
        improvement of educational achievement;
          [(2) strive to ensure widespread access to the 
        Library's facilities and materials, coverage of all 
        education issues and subjects, and quality control;
          [(3) have an expert library staff; and
          [(4) use modern information technology that holds the 
        potential to link major libraries, schools, and 
        educational centers across the United States into a 
        network of national education resources.
  [(d) One-Stop Information and Referral Service.--The Library 
shall establish and maintain a central information and referral 
service to respond to telephonic, mail and electronic and other 
inquiries from the public concerning--
          [(1) programs and activities of the Department of 
        Education;
          [(2) publications produced by the Department of 
        Education and, to the extent feasible, education 
        related publications produced by the Departments of 
        Labor, Health and Human Services, and other Federal 
        departments and agencies;
          [(3) services and resources available to the public 
        through the Office, including the Educational Resources 
        Information Center Clearinghouses, the research 
        institutes, and the national education dissemination 
        system;
          [(4) statistics and other information produced by the 
        National Center for Education Statistics; and
          [(5) referrals to additional sources of information 
        and expertise about educational issues which may be 
        available through educational associations and 
        foundations, the private sector, colleges and 
        universities, libraries and bibliographic databases.
The Library shall maintain and actively publicize a toll-free 
telephone number through which public inquiries to the Library 
may be made.
  [(e) Comprehensive Reference Services.--
          [(1) In general.--The Library shall, to the extent 
        feasible, provide for the delivery of a full range of 
        reference services on subjects related to education to 
        employees of the Department of Education and such 
        Department's contractors and grantees, other Federal 
        employees, and members of the general public. Such 
        services may include--
                  [(A) specialized subject searches;
                  [(B) search and retrieval of electronic 
                databases;
                  [(C) document delivery by mail and facsimile 
                transmission;
                  [(D) research counseling, bibliographic 
                instruction, and other training services;
                  [(E) interlibrary loan services; and
                  [(F) selective dissemination of information 
                services.]
          * * * * * * *

           [PART K--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

[SEC. 1002. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

  [(a) In General.--Each comprehensive regional assistance 
center established under section 1001(a) shall--
          [(1) maintain appropriate staff expertise and provide 
        support, training, and assistance to State educational 
        agencies, tribal divisions of education, local 
        educational agencies, schools, and other grant 
        recipients under the Elementary and Secondary Education 
        Act of 1965 (as such Act was in effect on the day 
        before the date of enactment of the No Child Left 
        Behind Act of 2001), in--
                  [(A) improving the quality of instruction, 
                curricula, assessments, and other aspects of 
                school reform, supported with funds under title 
                I of such Act;
                  [(B) implementing effective schoolwide 
                programs under section 1114 of such Act;
                  [(C) meeting the needs of children served 
                under the Elementary and Secondary Education 
                Act of 1965 (as such Act was in effect on the 
                day before the date of enactment of the No 
                Child Left Behind Act of 2001), including 
                children in high-poverty areas, migratory 
                children, immigrant children, children with 
                limited-English proficiency, neglected or 
                delinquent children, homeless children and 
                youth, Indian children, children with 
                disabilities, and, where applicable, Alaska 
                Native children and Native Hawaiian children;
                  [(D) implementing high-quality professional 
                development activities for teachers, and where 
                appropriate, administrators, pupil services 
                personnel and other staff;
                  [(E) improving the quality of bilingual 
                education, including programs that emphasize 
                English and native language proficiency and 
                promote multicultural understanding;
                  [(F) creating safe and drug-free 
                environments, especially in areas experiencing 
                high levels of drug use and violence in the 
                community and school;
                  [(G) implementing educational applications of 
                technology;
                  [(H) coordinating services and programs to 
                meet the needs of students so that students can 
                fully participate in the educational program of 
                the school;
                  [(I) expanding the involvement and 
                participation of parents in the education of 
                their children;
                  [(J) reforming schools, school systems, and 
                the governance and management of schools;
                  [(K) evaluating programs; and
                  [(L) meeting the special needs of students 
                living in urban and rural areas and the special 
                needs of local educational agencies serving 
                urban and rural areas;
          [(2) ensure that technical assistance staff have 
        sufficient training, knowledge, and expertise in how to 
        integrate and coordinate programs under the Elementary 
        and Secondary Education Act of 1965 (as such Act was in 
        effect on the day before the date of enactment of the 
        No Child Left Behind Act of 2001) with each other, as 
        well as with other Federal, State, and local programs 
        and reforms;
          [(3) provide technical assistance using the highest 
        quality and most cost-effective strategies possible;
          [(4) coordinate services, work cooperatively, and 
        regularly share information with, the regional 
        educational laboratories, the Eisenhower regional 
        consortia under part M, research and development 
        centers, State literacy centers authorized under the 
        National Literacy Act of 1991, and other entities 
        engaged in research, development, dissemination, and 
        technical assistance activities which are supported by 
        the Department as part of a Federal technical 
        assistance system, to provide a broad range of support 
        services to schools in the region while minimizing the 
        duplication of such services;
          [(5) work collaboratively with the Department's 
        regional offices;
          [(6) consult with representatives of State 
        educational agencies, local educational agencies, and 
        populations served under the Elementary and Secondary 
        Education Act of 1965 (as such Act was in effect on the 
        day before the date of enactment of the No Child Left 
        Behind Act of 2001);
          [(7) provide services to States, local educational 
        agencies, tribes, and schools, in coordination with the 
        National Diffusion Network State Facilitators 
        activities under section 1011, in order to better 
        implement the purposes of this part and provide the 
        support and assistance diffusion agents need to carry 
        out such agents' mission effectively; and
          [(8) provide professional development services to 
        State educational agencies, local educational agencies, 
        and the National Diffusion Network State Facilitators 
        to increase the capacity of such entities to provide 
        high-quality technical assistance in support of 
        programs under the Elementary and Secondary Education 
        Act of 1965 (as such Act was in effect on the day 
        before the date of enactment of the No Child Left 
        Behind Act of 2001).
  [(b) Priority.--Each comprehensive regional assistance center 
assisted under this part shall give priority to servicing--
          [(1) schoolwide programs under section 1114 of the 
        Elementary and Secondary Education Act of 1965 (as such 
        Act was in effect on the day before the date of 
        enactment of the No Child Left Behind Act of 2001); and
          [(2) local educational agencies and Bureau-funded 
        schools with the highest percentages or numbers of 
        children in poverty.

[SEC. 1003. MAINTENANCE OF SERVICE AND APPLICATION REQUIREMENTS.

  [(a) Maintenance of Service.--The Secretary shall ensure that 
the comprehensive regional assistance centers funded under this 
part provide technical assistance services that address the 
needs of educationally disadvantaged students, including 
students in urban and rural areas, and bilingual, migrant, 
immigrant, and Indian students, that are at least comparable to 
the level of such technical assistance services provided under 
programs administered by the Secretary on the day preceding the 
date of enactment of the Improving America's Schools Act of 
1994.
  [(b) Application Requirements.--Each entity or consortium 
desiring assistance under this part shall submit an application 
to the Secretary at such time, in such manner and accompanied 
by such information, as the Secretary may require. Each such 
application shall--
          [(1) demonstrate how the comprehensive regional 
        assistance center will provide expertise and services 
        in the areas described in section 1002;
          [(2) demonstrate how such centers will work with the 
        National Diffusion Network under section 1011 to 
        conduct outreach to local educational agencies 
        receiving priority under section 1031;
          [(3) demonstrate support from States, local 
        educational agencies and tribes in the area to be 
        served;
          [(4) demonstrate how such centers will ensure a fair 
        distribution of services to urban and rural areas; and
          [(5) provide such other information as the Secretary 
        may require.

[SEC. 1004. TRANSITION.

  [(a) In General.--The Secretary shall use funds appropriated 
to carry out this part for fiscal years 1995 and 1996 in order 
to ensure an orderly transition and phase in of the 
comprehensive regional assistance centers assisted under this 
part.
  [(b) Extension of Previous Centers.--
          [(1) In general.--The Secretary shall, 
        notwithstanding any other provision of law, use funds 
        appropriated under section 1005 to extend or continue 
        contracts and grants for existing categorical technical 
        assistance centers assisted under the Elementary and 
        Secondary Education Act of 1965 (as such Act was in 
        effect on the day preceding the date of enactment of 
        the Improving America's Schools Act of 1994) through 
        fiscal year 1996, and take other necessary steps to 
        ensure a smooth transition of services provided under 
        this part and that such services will not be 
        interrupted, curtailed, or substantially diminished.
          [(2) Staff expertise.--In planning for the 
        competition for the new comprehensive regional 
        assistance centers under this part, the Secretary may 
        draw on the expertise of staff from existing 
        categorical assistance centers assisted under the 
        Elementary and Secondary Education Act of 1965 prior to 
        the date of enactment of the Improving America's 
        Schools Act of 1994.

[SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

  [For the purpose of carrying out this part, there are 
authorized to be appropriated $70,000,000 for fiscal year 1995 
and such sums as may be necessary for each of the four 
succeeding fiscal years.

[SEC. 1006. DEFINED TERMS.

  [In this part, the definitions of terms defined in section 
9101 of the Elementary and Secondary Education Act of 1965 
shall apply.

                  [PART L--NATIONAL DIFFUSION NETWORK

[SEC. 1011. PROGRAM AUTHORIZED.

  [(a) Authority.--
          [(1) In general.--The Secretary is authorized to 
        establish the National Diffusion Network to carry out a 
        State-based outreach, consultation, training, and 
        dissemination program.
          [(2) Program requirements.--In carrying out the 
        program under this part, the Secretary shall award 
        grants and contracts to National Diffusion Network 
        State Facilitators in each State and outlying area, and 
        to the Bureau of Indian Affairs, in order to assist 
        State and local educational agencies, schools, and 
        other appropriate educational entities--
                  [(A) to identify and secure appropriate, 
                high-quality technical assistance from the 
                comprehensive regional assistance centers under 
                part K and other sources; and
                  [(B) to identify and implement exemplary or 
                promising educational programs and practices.
  [(b) Eligible Entities.--The Secretary shall award grants and 
contracts under this section to public or private nonprofit 
organizations or institutions with demonstrated expertise in 
the areas of applied education research and program 
dissemination.
  [(c) Administration.--The program under this part shall be 
administered through the Office of Reform Assistance and 
Dissemination established under section 941(b).
  [(d) Coordination.--The National Diffusion Network State 
Facilitators shall work in close cooperation, and coordinate 
their activities, with the comprehensive regional assistance 
centers established under part K.
  [(e) State Facilitator Activities.--The National Diffusion 
Network State Facilitators shall provide professional 
development and technical assistance services to assist State 
educational agencies, local educational agencies, tribal 
divisions of education, schools, family and adult literacy 
programs, and other entities assisted under the Elementary and 
Secondary Education Act of 1965 (as such Act was in effect on 
the day before the date of enactment of the No Child Left 
Behind Act of 2001), in--
          [(1) defining such entities' technical assistance 
        needs and aligning such needs with school reform under 
        title I of the Elementary and Secondary Education Act 
        of 1965 (as such Act was in effect on the day before 
        the date of enactment of the No Child Left Behind Act 
        of 2001), professional development, and technology 
        plans;
          [(2) securing the technical assistance and 
        professional development services that can best fulfill 
        such needs by utilizing the services of the 
        comprehensive regional assistance centers, the regional 
        education laboratories, the Eisenhower regional 
        consortia, State Literacy Resource Centers authorized 
        under the National Literacy Act of 1991 and other 
        technical assistance providers, including local 
        providers of professional development services;
          [(3) identifying educational technology needs and 
        securing the necessary technical assistance to address 
        such needs in coordination with the Eisenhower regional 
        consortia under part M and the regional technical 
        assistance and professional development consortia under 
        subpart 3 of title III of the Elementary and Secondary 
        Education Act of 1965 (as such Act was in effect on the 
        day before the date of enactment of the No Child Left 
        Behind Act of 2001); and
          [(4) utilizing technology, including regional and 
        national electronic networks, to increase such 
        entities' access to technical assistance, professional 
        development services, and dissemination of effective 
        programs and promising practices.
  [(f) Additional Duties.--In addition, National Diffusion 
Network State Facilitators shall--
          [(1) disseminate information about school reform and 
        effective and promising practices, and help local 
        educational 
        agencies and schools adapt such reform and practices to 
        such agencies' needs;
          [(2) identify educational programs and practices for 
        possible dissemination throughout the State and Nation;
          [(3) promote and facilitate teacher networks 
        throughout the State;
          [(4) develop and implement an aggressive outreach 
        plan for reaching the local educational agencies and 
        schools receiving priority under section 1031; and
          [(5) provide such other outreach, coordination, and 
        dissemination services as may be necessary.
  [(g) National Diffusion Network Effective Programs and 
Promising Practices System.--
          [(1) In general.--The Secretary shall develop a 
        system of validating effective programs and promising 
        practices for dissemination through the National 
        Diffusion Network. Such system may include exemplary 
        programs funded through any office of the Department, 
        the National Science Foundation, or other Federal 
        agencies and shall be coordinated, aligned with, and 
        administered by, the Office of Reform Assistance and 
        Dissemination established under section 941(b).
          [(2) Priority.--The Secretary shall give priority to 
        identifying, validating, and disseminating effective 
        schoolwide projects, programs addressing the needs of 
        high poverty schools, and programs with the capacity to 
        offer high-quality, sustained technical assistance. The 
        Office of Educational Research and Improvement Office 
        of Reform Assistance and Dissemination shall also 
        administer a grant program for the purpose of 
        dissemination and the provision of technical assistance 
        regarding such system.
          [(3) Priority of services.--The National Diffusion 
        Network State Facilitators shall give priority in 
        providing the services described in this section to--
                  [(A) schoolwide program under section 1114 of 
                the Elementary and Secondary Education Act of 
                1965 (as such Act was in effect on the day 
                before the date of enactment of the No Child 
                Left Behind Act of 2001); and
                  [(B) local educational agencies and Bureau-
                funded schools with the highest percentages or 
                numbers of children in poverty.

[SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.

  [For the purpose of carrying out this part, there are 
authorized to be appropriated $25,000,000 for fiscal year 1995 
and such sums as may be necessary for each of the four 
succeeding fiscal years.

[SEC. 1013. DEFINED TERMS.

  [In this part, the definitions of terms defined in section 
9101 of the Elementary and Secondary Education Act of 1965 
shall apply.

    [PART M--EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION 
                               CONSORTIA

[SEC. 1021. PROGRAM ESTABLISHED.

  [(a) In General.--
          [(1) Grants authorized.--The Secretary, in 
        consultation with the Director of the National Science 
        Foundation, is authorized to award grants or contracts 
        to eligible entities to enable such entities to 
        establish and operate regional mathematics and science 
        education consortia for the purpose of--
                  [(A) disseminating exemplary mathematics and 
                science education instructional materials; and
                  [(B) providing technical assistance for the 
                implementation of teaching methods and 
                assessment tools for use by elementary and 
                secondary school students, teachers and 
                administrators.
          [(2) Number.--The Secretary, in accordance with the 
        provisions of this section, shall award at least one 
        grant or contract to an eligible entity in each region.
          [(3) Special rule.--In any fiscal year, if the amount 
        made available pursuant to section 1028 is less than 
        $4,500,000, then the Secretary may waive the provisions 
        of paragraph (2) and award grants or contracts of 
        sufficient size, scope, and quality to carry out this 
        section.
          [(4) Designation.--Each regional consortium assisted 
        under this section shall be known as an ``Eisenhower 
        regional consortium''.
  [(b) Grant Term and Review.--Grants or contracts under this 
part shall be awarded for a period of not more than five years 
and shall be reviewed before the end of the 30-month period 
beginning on the date the grant or contract is awarded. Grants 
or contracts under this part shall be awarded before the end of 
the 12-month period beginning on the date of the enactment of 
an Act making appropriations to carry out this part.
  [(c) Amount.--In awarding grants or contracts under this 
part, the Secretary shall ensure that there is a relatively 
equal distribution of the funds made available among the 
regions, except that the Secretary may award additional funds 
to a regional consortium on the basis of population and 
geographical conditions of the region being served.

[SEC. 1022. USE OF FUNDS.

  [Funds provided under this part may be used by a regional 
consortium, under the direction of a regional board established 
under section 1024, to--
          [(1) work cooperatively with the other regional 
        consortia and federally funded technical assistance 
        providers to more effectively accomplish the activities 
        described in this section;
          [(2) assist, train and provide technical assistance 
        to classroom teachers, administrators, and other 
        educators to identify, implement, assess or adapt the 
        instructional materials, teaching methods and 
        assessment tools described in section 1021(a)(1);
          [(3) provide for the training of classroom teachers 
        to enable such teachers to instruct other teachers, 
        administrators, and educators in the use of the 
        instructional materials, teaching methods and 
        assessment tools described in section 1021(a)(1) in the 
        classroom;
          [(4) when necessary, provide financial assistance to 
        enable teachers and other educators to attend and 
        participate in the activities of the regional 
        consortium;
          [(5) implement programs and activities designed to 
        meet the needs of groups that are underrepresented in, 
        and underserved by, mathematics and science education;
          [(6) assist State and local educational agencies in 
        identifying science equipment needs and help such 
        agencies or consortia thereof assess the need for and 
        desirability of regional mathematics and science 
        academies;
          [(7) develop and disseminate early childhood 
        education mathematics and science instructional 
        materials;
          [(8) disseminate information regarding informal 
        mathematics and science education activities and 
        programs offered by Federal agencies and private or 
        public agencies and institutions within the region;
          [(9) collect data on activities assisted under this 
        part in order to evaluate the effectiveness of the 
        activities of the regional consortia;
          [(10) identify exemplary teaching practices and 
        materials from within the region and communicate such 
        practices and materials to the Eisenhower National 
        Clearinghouse for Mathematics and Science Education;
          [(11) communicate, on a regular basis, with entities 
        within the region who are delivering services to 
        students and teachers of mathematics and science;
          [(12) assist in the development and evaluation of 
        State and regional plans and activities that hold 
        promise of bringing about systemic reform in student 
        performance in mathematics and science; and
  [(c) Non-Federal Share.--The non-Federal share of the cost of 
activities described in the application submitted under section 
1023 may be in cash or in kind, fairly evaluated. At least 10 
percent of such non-Federal share shall be from sources other 
than the Federal Government, or State or local government.

[SEC. 1026. EVALUATION.

  [(a) Evaluation Required.--The Secretary, through the Office 
of Educational Research and Improvement and in accordance with 
section 9601, shall collect sufficient data on, and evaluate 
the effectiveness of, the activities of each regional 
consortium.
  [(b) Assessment.--The evaluations described in paragraph (1) 
shall include an assessment of the effectiveness of the 
regional consortium in meeting the needs of the schools, 
teachers, administrators and students in the region.
  [(c) Report.--At the end of each grant or contract period, 
the Secretary shall submit to the Congress a report on the 
effectiveness of the programs conducted at each regional 
consortium.

[SEC. 1027. DEFINITIONS.

  [For purposes of this part:
          [(1) The term ``eligible entity'' means--
                  [(A) a private nonprofit organization of 
                demonstrated effectiveness;
                  [(B) an institution of higher education;
                  [(C) an elementary or secondary school;
                  [(D) a State or local educational agency;
                  [(E) a regional educational laboratory in 
                consortium with the research and development 
                center established under section 
                931(c)(1)(B)(i); or
                  [(F) any combination of the entities 
                described in subparagraphs (A) through (E),
        with demonstrated expertise in mathematics and science 
        education.
          [(2) The terms ``mathematics'' and ``science'' 
        include the technology education associated with 
        mathematics and science, respectively.
          [(3) The term ``region'' means a region of the United 
        States served by a regional education laboratory that 
        is supported by the Secretary pursuant to section 
        405(d)(4)(A)(i) of the General Education Provisions Act 
        (as such section was in existence on the day preceding 
        the date of enactment of the Goals 2000: Educate 
        America Act).
          [(4) The term ``regional consortium'' means each 
        regional mathematics and science education consortium 
        established pursuant to section 1021.
          [(5) The term ``State agency for higher education'' 
        means the State board of higher education or other 
        agency or officer primarily responsible for the State 
        supervision of higher education, or, if there is no 
        such officer or agency, an officer or agency designated 
        for the purpose of carrying out this part by the 
        Governor or by State law.

[SEC. 1028. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated $23,000,000 for 
fiscal year 1995, and such sums as may be necessary for each of 
the 4 succeeding fiscal years, to carry out this part.

[SEC. 1029. DEFINED TERMS.

  [In this part, the definitions of terms defined in section 
9101 of the Elementary and Secondary Education Act of 1965 
shall apply.

             [PART N--TECHNOLOGY-BASED TECHNICAL ASSISTANCE

[SEC. 1031. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

  [The Secretary is authorized to provide a technology-based 
technical assistance service that will--
          [(1) support the administration and implementation of 
        programs under this Act by providing information, 
        including legal and regulatory information, and 
        technical guidance and information, about best 
        practices; and
          [(2) be accessible to all States, local educational 
        agencies, schools, community-based organizations and 
        others who are recipients of funds under the Elementary 
        and Secondary Education Act of 1965 (as such Act was in 
        effect on the day before the date of enactment of the 
        No Child Left Behind Act of 2001).

[SEC. 1032. DEFINED TERMS.

  [In this part, the definitions of terms defined in section 
9101 of the Elementary and Secondary Education Act of 1965 
shall apply.]
          * * * * * * *
                              ----------                              


                      TITLE 5, UNITED STATES CODE

          * * * * * * *

                          PART III--EMPLOYEES

          * * * * * * *

                     Subpart D--Pay and Allowances

          * * * * * * *

                   CHAPTER 53--PAY RATES AND SYSTEMS

          * * * * * * *

              SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

          * * * * * * *

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.
          * * * * * * *
          Under Secretary of Education.
          * * * * * * *

Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          * * * * * * *
          [Commissioner, National Center for Education 
        Statistics.]
          * * * * * * *
                              ----------                              


          SECTION 447 OF THE GENERAL EDUCATION PROVISIONS ACT

SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.

  (a) * * *
  (b) Exceptions.--Subsection (a) shall not apply to the Third 
International Mathematics and Science Study or other 
international comparative assessments developed under the 
authority of [section 404(a)(6) of the National Education 
Statistics Act of 1994 (20 U.S.C. 9003(a)(6))] section 
153(a)(5) of the Education Sciences Reform Act of 2002 and 
administered to only a representative sample of pupils in the 
United States and in foreign nations.
                              ----------                              


             ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

          * * * * * * *

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

          * * * * * * *

PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

                 Subpart 1--Basic Program Requirements

SEC. 1111. STATE PLANS.

  (a) * * *
          * * * * * * *
  (c) Other Provisions To Support Teaching and Learning.--Each 
State plan shall contain assurances that--
          (1) * * *
          (2) the State will, beginning in school year 2002-
        2003, participate in biennial State academic 
        assessments of 4th and 8th grade reading and 
        mathematics under the National Assessment of 
        Educational Progress carried out under [section 
        411(b)(2) of the National Education Statistics Act of 
        1994] section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act if the Secretary 
        pays the costs of administering such assessments;
          * * * * * * *

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

  (a) * * *
  (b) Plan Provisions.--
          (1) In general.--In order to help low-achieving 
        children meet challenging achievement academic 
        standards, each local educational agency plan shall 
        include--
                  (A) * * *
          * * * * * * *
                  (F) an assurance that the local educational 
                agency will participate, if selected, in the 
                State National Assessment of Educational 
                Progress in 4th and 8th grade reading and 
                mathematics carried out under [section 
                411(b)(2) of the National Education Statistics 
                Act of 1994] section 303(b)(2) of the National 
                Assessment of Educational Progress 
                Authorization Act;
          * * * * * * *

SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

  (a) System for Support.--
          (1) * * *
          * * * * * * *
          (3) Regional centers.--Such a statewide system shall, 
        to the extent practicable, work with and receive 
        support and assistance from the comprehensive regional 
        technical assistance centers and the regional 
        educational laboratories under section 941(h) of the 
        Educational Research, Development, Dissemination, and 
        Improvement Act of 1994 (as such section existed on the 
        day before the date of enactment of the Education 
        Sciences Reform Act of 2002), or other providers of 
        technical assistance.
          * * * * * * *

                 PART E--NATIONAL ASSESSMENT OF TITLE I

SEC. 1501. EVALUATIONS.

  (a) National Assessment of Title I.--
          (1) * * *
          * * * * * * *
          (3) Sources of information.--In conducting the 
        assessment under this subsection, the Secretary shall 
        use information from a variety of sources, including 
        the National Assessment of Educational Progress 
        (carried out under [section 411 of the National 
        Education Statistics Act of 1994] section 303 of the 
        National Assessment of Educational Progress 
        Authorization Act), State evaluations, and other 
        research studies.
          * * * * * * *

  TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND 
                           IMMIGRANT STUDENTS

          * * * * * * *

      PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

          * * * * * * *

           Subpart 2--Research, Evaluation, and Dissemination

          * * * * * * *

SEC. 3222. RESEARCH.

  (a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the [Office of 
Educational Research and Improvement] Academy of Education 
Sciences in coordination and collaboration with the Office of 
English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students.
          * * * * * * *

                       PART C--GENERAL PROVISIONS

          * * * * * * *

SEC. 3303. NATIONAL CLEARINGHOUSE.

  The Secretary shall establish and support the operation of a 
National Clearinghouse for English Language Acquisition and 
Language Instruction Educational Programs, which shall collect, 
analyze, synthesize, and disseminate information about language 
instruction educational programs for limited English proficient 
children, and related programs. The National Clearinghouse 
shall--
          (1) be administered as an adjunct clearinghouse of 
        the Educational Resources Information Center 
        Clearinghouses system supported by the [Office of 
        Educational Research and Improvement] Academy of 
        Education Sciences;
          * * * * * * *

  TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

          * * * * * * *

             PART D--FUND FOR THE IMPROVEMENT OF EDUCATION

          * * * * * * *

                Subpart 6--Gifted and Talented Students

          * * * * * * *

SEC. 5464. AUTHORIZED PROGRAMS.

  (a) * * *
          * * * * * * *
  (e) Coordination.--Scientifically based research activities 
supported under this subpart--
          (1) shall be carried out in consultation with the 
        [Office of Educational Research and Improvement] 
        Academy of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by such 
        [Office] Academy; and
          (2) may include collaborative scientifically based 
        research activities which are jointly funded and 
        carried out with such [Office] Academy.
          * * * * * * *

               Subpart 21--Women's Educational Equity Act

          * * * * * * *

SEC. 5613. PROGRAMS AUTHORIZED.

  (a) In General.--The Secretary is authorized--
          (1) * * *
          * * * * * * *
          (5) to assist the [Assistant Secretary of the Office 
        of Educational Research and Improvement] Director of 
        the Academy of Education Sciences in identifying 
        research priorities related to education equity for 
        women and girls; and
          * * * * * * *
  (b) Grants Authorized.--
          (1) * * *
          (2) Support and technical assistance.--To achieve the 
        purposes of this subpart, the Secretary is authorized 
        to provide support and technical assistance--
                  (A) * * *
                  (B) for research and development, which shall 
                be coordinated with each of the [research 
                institutes of the Office of Educational 
                Research and Improvement] National Education 
                Centers of the Academy of Education Sciences to 
                avoid duplication of research efforts, designed 
                to advance gender equity nationwide and to help 
                make policies and practices in educational 
                agencies and institutions, and local 
                communities, gender equitable, including--
                          (i) * * *
          * * * * * * *

SEC. 5615. CRITERIA AND PRIORITIES.

  (a) * * *
          * * * * * * *
  (d) Coordination.--Research activities supported under this 
subpart--
          (1) shall be carried out in consultation with the 
        [Office of Educational Research and Improvement] 
        Academy of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by the 
        [Office] Academy; and
          (2) may include collaborative research activities 
        which are jointly funded and carried out with the 
        [Office of Educational Research and Improvement] 
        Academy of Education Sciences.
          * * * * * * *

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        PART A--INDIAN EDUCATION

          * * * * * * *

                     Subpart 3--National Activities

SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

  (a) * * *
          * * * * * * *
  (c) Coordination.--Research activities supported under this 
section--
          (1) shall be carried out in consultation with the 
        [Office of Educational Research and Improvement] 
        Academy of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by the 
        [Office] Academy; and
          (2) may include collaborative research activities 
        that are jointly funded and carried out by the Office 
        of Indian Education Programs and the [Office of 
        Educational Research and Improvement] Academy of 
        Education Sciences.
          * * * * * * *

                      TITLE IX--GENERAL PROVISIONS

          * * * * * * *

                       PART E--UNIFORM PROVISIONS

          * * * * * * *

                      Subpart 2--Other Provisions

          * * * * * * *

SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

  (a) * * *
  (b) Exceptions.--Subsection (a) shall not apply to 
international comparative assessments developed under the 
authority of [section 404(a)(6) of the National Education 
Statistics Act of 1994] section 153(a)(5) of the Education 
Sciences Reform Act of 2002 and administered to only a 
representative sample of pupils in the United States and in 
foreign nations.
          * * * * * * *
                              ----------                              


      SECTION 404 OF THE SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994

SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK.

  The Secretaries, acting through such mechanisms as the 
Capacity Building and Information and Dissemination Network 
established under section 453(b) of the Job Training 
Partnership Act (29 U.S.C. 1733(b)), the Educational Resources 
Information Center Clearinghouses referred to in the 
Educational Research, Development, Dissemination, and 
Improvement Act of 1994 (as such Act existed on the day before 
the date of enactment of the Education Sciences Reform Act of 
2002), and the National Network for Curriculum Coordination in 
Vocational and Technical Education under section 402(c) of the 
Carl D. Perkins Vocational and Applied Technology Education Act 
(20 U.S.C. 2402(c)), shall--
          (1) * * *
          * * * * * * *

                            ADDITIONAL VIEWS

    The Committee passage of H.R. 3801, the Education Sciences 
Reform Act marks a significant step forward in our effort to 
improve the research, evaluation and technical assistance focus 
of the Department of Education. As compared to the introduced 
version of this measure, the Committee passed bill addressed 
many of our most serious concerns related to long-term and 
center based research, ensuring the existence of technical 
assistance and development entities, and providing increased 
funding. Due to these changes, H.R. 3801 gained our support on 
Committee passage.

                               BACKGROUND

    The reauthorization of the Department of Education's main 
research, statistics, and evaluation efforts is a critically 
important aspect of our Committee's work this Congress. The 
reauthorization of ESEA completed earlier this session and 
impending work the Individuals with Disabilities Education Act, 
the Higher Education Act, vocational education and adult 
education, make the need for high quality research, statistics, 
development and technical assistance even more important to our 
educational system.
    H.R. 3801 reauthorizes and amends the current statute 
governing the Office of Educational Research and Improvement 
(OERI).\1\ Last reauthorized in 1994, OERI houses the main 
research, statistics and development focuses of the Department 
of Education. The major provision of H.R. 3801 include:
---------------------------------------------------------------------------
    \1\ The existing statutory authority for OERI is Title IX of the 
Educational Research, Development, Dissemination, and Improvement Act 
of 1994.
---------------------------------------------------------------------------
    The Academy.--The bill restructures OERI by creating the 
Academy of Education Sciences (the Academy). The Academy is 
headed by a Director and contains 3 National Education Centers 
(Research, Statistics, and Evaluation) and the Office of 
Educational Resources and Dissemination. Also established 
within the Academy is the National Board for Education Sciences 
(the Board), which approves the priorities governing the work 
of the Academy and advises the Director on operation of the 
Academy.
    Regional Development and Technical Assistance.--In addition 
to the creation of the Academy, the bill creates a Regional 
Development and Technical Assistance program. Under this 
program, the Secretary provides funds to at least 2 entities 
per region. One entity provides applied research and 
development, while the other entity will provide technical 
assistance. These are the main duties of the existing Regional 
Education Laboratories and the Comprehensive Centers. Current 
contracts with the Regional Education Laboratories, and 
Eisenhower Math and Science Consortia will be continued. 
Existing Comprehensive Centers are presently funded under a 
one-year extension.
    NAEP/NAGB.--The bill reauthorizes the National Assessment 
of Education Progress (NAEP) and the National Assessment 
Governing Board (NAGB), makes technical changes to these 
statutes and clarifies the existing governance relationships of 
these statutes. Significant changes to NAEP and NAGB were made 
previously as a part of H.R. 1, the No Child Left Behind Act of 
2001.

                    ADDRESSING DEMOCRATIC PRIORITIES

    The Committee reported bill contained numerous provisions 
sought by Democratic Members that were not included in H.R. 
3801 upon introduction. Included among these provisions are:
    Increases Resources.--The bill authorizes a total of $700 
million of the Department's research, statistics, evaluation 
and technical assistance activities. This almost doubles 
existing funding and ensures that nearly 1 percent, or $400 
million, of the Department of Education's budget is reserved 
for research activities. This level of funding is vital if the 
Academy is to become a top-flight education research 
organization that is capable of producing high quality 
research. For too many years, OERI has had insufficient 
resources to operate effectively.
    Ensures Outreach and Involvement of Historically Black 
Colleges and Universities and Hispanic Servicing 
Institutions.--The bill includes provisions sought by 
Representative Owens to increase outreach to and involvement of 
Historically Black Colleges and Universities (HBCUs) and 
Hispanic Serving Institutions (HSIs) to build research 
knowledge and experience in these institutions.
    Fellowships to Build the Culture of Science.--The bill 
includes language establishing fellowships in the areas of 
research, statistics and evaluation particularly for women and 
minorities at HBCUs and other Minority Serving Institutions.
    Maintains Long-term and University Center-based Research.--
The bill requires that research be conducted through 
University-based national research and development centers and 
that 50% of research funding is reserved for long term 
research. This emphasis on long-term research is critical if we 
are to build upon the current knowledge base and expand 
research-based programs for schools to implement and utilize. 
This long-term focus was a major priority for Representative 
Scott.
    Maintains Regional Development and Technical Assistance 
(Labs and Centers).--The bill ensures a strong regional 
development and technical assistance system that allows the 
continuation of existing high quality Regional Laboratories and 
Comprehensive Centers, as described above. The maintenance of 
this system was a critical priority for many Democratic 
Members.
    NAEP/NAGB.--The bill includes language which seeks to 
maintain the current governance relationship between NAGB and 
the Department's administration of NAEP. While we believe this 
language largely addresses any confusion the bill may create 
over this governance relationship, we will continue to evaluate 
its effects as this process moves forward.

                               AMENDMENTS

    Several Amendments were offered by Democratic Members 
during Full Committee consideration of this legislation. 
Representative Holt offered an amendment to restore the 
authorization for the Eisenhower National Clearinghouse and the 
Eisenhower Mathematics and Science Consortia. Representative Wu 
offered an amendment to restore the authorization for the 
Regional Education Technology Consortia. Representative Andrews 
offered two amendments which expanded data collection duties of 
the National Center for Education Statistics to include data on 
the impact of education spending on achievement and the impact 
of student health on achievement. We will work to continue to 
attempt to address these important issues as this process moves 
forward.

                               CONCLUSION

    The existence of a strong research, statistics, evaluation, 
development and technical assistance focus at the Department is 
vital to future increases in student achievement and the 
management and operation of our nation's school system. The 
changes made by this legislation and the additional resources, 
which it calls for, are key elements in making this strong 
focus a reality.
                                   George Miller.
                                   Harold Ford, Jr.
                                   Ron Kind.
                                   Ruben Hinojosa.
                                   Hilda L. Solis.
                                   Dale E. Kildee.
                                   Susan A. Davis.
                                   Betty McCollum.
                                   Lynn N. Rivers.
                                   Robert E. Andrews.
                                   Dennis Kucinich.
                                   Rush Holt.
                                   Lynn Woolsey.
                                   Major R. Owens.
                                   Bobby Scott.
                                   Carolyn McCarthy.
                                   Loretta Sanchez.
                                   John F. Tierney.
                                   Patsy T. Mink.
                                   David Wu.
                                   Donald Payne.