102d CONGRESS
1st Session
S. 64
AMENDMENTS
S 64 EAH
In the House of Representatives, U. S.,
June 10, 1991.
Resolved, That the bill from the Senate (S. 64) entitled `An Act to provide
for the establishment of a National Commission on a Longer School Year,
and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:

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This Act may be cited as the `National Council on Education Standards and
Testing Act'.

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(a) PURPOSE- The purpose of this Act is to create a national council to
provide advice on the desirability and feasibility of national standards
and testing in education.
(b) FINDINGS- The Congress finds that--
(1) organizations have begun developing national education standards for
various subject areas and grade levels;
(2) groups have called for the expansion of national testing for school
children;
(3) decisions regarding the desirability and feasibility of additional
national testing should follow such decisions on national standards for
education;
(4) efforts regarding national standards and testing should be undertaken
with the broadest possible participation by the public; and
(5) a major national council is needed to assure broad participation by
the public, to provide a focus for national debate on national education
standards and testing, and to provide advice on the desirability and
feasibility of developing national standards and testing.

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There is established a council to be known as the National Council on
Education Standards and Testing (in this Act referred to as the `Council').

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The Council shall advise the American people on--
(1) whether suitable specific education standards should and can be
established, such as world class standards, for--
(A) the knowledge and skills that students should possess and that schools
should impart in order that American students leave grades 4, 8, and 12
demonstrating competency in challenging subject matter including English,
mathematics, science, history, and geography; and
(B) every school in America to ensure that all students learn to use their
minds well so that they will be prepared for responsible citizenship,
further learning, and productive employment in our modern economy; and
(2) whether, while respecting State and local control of education, an
appropriate system of voluntary national tests or examinations should and
can be established, such as American achievement tests, that will provide
prompt, accurate information to parents, educators, and policymakers on the
progress being made toward the specific education standards by individual
students, schools, school systems, States, and the Nation as a whole (if
such standards can be established). The goal of any such system shall be
to foster good teaching and learning, as well as to monitor performance.

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(a) FINAL REPORT- The Council shall, as soon as possible, but not later
than December 31, 1991, submit a report to the Congress, the Secretary
of Education, and the National Education Goals Panel that contains
recommendations regarding long-term policies, structures, mechanisms, and
other important considerations with respect to the objectives described
in paragraphs (1) and (2) of section 4. A discussion of the validity,
reliability, fairness, and costs of implementing a system of voluntary
national tests or examinations shall also be included in such report.
(b) INTERIM REPORTS- The Council may submit to the Congress, the Secretary
of Education, and the National Education Goals Panel interim reports it
considers appropriate.

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(a) IN GENERAL- The Council shall be composed of 32 members as follows:
(1) The Secretary of Education shall appoint 22 members to include at
least one representative from each of the following:
(A) The Administration.
(B) The Commission on Achievement of Necessary Skills.
(C) The National Assessment Governing Board.
(D) State legislators.
(E) Chief State school officers.
(F) School administrators.
(G) Elementary or secondary school teachers.
(H) Institutions of higher education.
(I) Individuals with expertise in education standards and testing.
(J) National teacher organizations.
(2) The Chairperson or a designee of the National Education Goals Panel.
(3) The Governor designated to serve as Chairperson of the National Education
Goals Panel for the year succeeding the year in which such panel is meeting
(or a designee).
(4) The Speaker of the House of Representatives shall appoint 1 member
(excluding Members of Congress).
(5) The minority leader of the House of Representatives shall appoint 1
member (excluding Members of Congress).
(6) The majority leader of the Senate shall appoint 1 member (excluding
Members of Congress).
(7) The minority leader of the Senate shall appoint 1 member (excluding
Members of Congress).
(8) The Chairman of the Committee on Education and Labor of the House or
a designee.
(9) The ranking minority member of the Committee on Education and Labor
of the House or a designee.
(10) The Chairman of the Committee on Labor and Human Resources of the
Senate or a designee.
(11) The ranking minority member of the Committee on Labor and Human
Resources of the Senate or a designee.
(b) VACANCIES- A vacancy in the Council shall be filled in the manner in
which the original appointment was made.
(c) TERM OF APPOINTMENT- Members shall be appointed for the life of the
Council.
(d) QUORUM- 17 members of the Council shall constitute a quorum.
(e) COCHAIRPERSONS- The Chairperson of the National Education Goals Panel or
a designee and the Governor designated to serve as the Chairperson for the
succeeding year in which the panel is meeting (or a designee) shall serve
as cochairpersons of the Council upon the date of the enactment of this Act.
(f) COMPENSATION-
(1) MEMBERS- Except as provided in paragraph (2), members of the Council
shall each be reimbursed at a rate not to exceed the rate of pay for level
III of the Executive Schedule for each day (including travel time) during
which they are engaged in the performance of duties vested in the Council.
(2) EXCEPTION- Members of the Council who are full-time officers or
employees of the United States or Members of Congress shall receive no
additional compensation by reason of their service on the Council.

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(a) DIRECTOR- The cochairpersons of the Council 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 for
level III of the Executive Schedule.
(b) APPOINTMENT AND PAY OF STAFF- The cochairpersons may appoint personnel as
they consider appropriate without regard to the provisions of title 5, United
States Code, governing appointments to the competitive service. The staff
of the Council may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States Code, relating
to classification and General Schedule pay rates. The rate of pay of the
staff of the Council shall not exceed the rate of basic pay for level V
of the Executive Schedule.
(c) EXPERTS AND CONSULTANTS- The Council may procure temporary and
intermittent services under section 3109(b) of title 5, United States Code.
(d) STAFF OF FEDERAL AGENCIES- Upon the request of the Council, the head
of any department or agency of the United States is authorized to detail,
on a reimbursable basis, any of the personnel of that agency to the Council
to assist the Council in its duties under this Act.

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(a) HEARINGS- The Council may, for the purpose of this Act, hold hearings,
sit and act at the times and places, take testimony, and receive evidence,
the Council considers appropriate. The Council may administer oaths or
affirmations to witnesses appearing before it.
(b) DELEGATION OF AUTHORITY- Any member or agent of the Council may, if
authorized by the Council, take any action the Council is authorized to
take by this section.
(c) INFORMATION- The Council may secure directly from any department or
agency of the United States information necessary to enable it to carry
out this Act. Upon request of the Chairperson of the Council, the head
of a department or agency shall furnish the information to the Council to
the extent permitted by law.
(d) GIFTS AND DONATIONS- (1) Subject to the regulations established
under paragraph (2), the Council may accept, use, and dispose of gifts or
donations of services or property.
(2) The Cochairpersons of the Council are authorized to establish regulations
setting forth the criteria the Council shall use to determine whether
the acceptance of gifts or donations of services under paragraph (1) would
reflect unfavorably upon the ability of the Council or any employee to carry
out its responsibilities or official duties in a fair and objective manner,
or would compromise the integrity of or the appearance of the integrity
of a government program or any official involved in such program.
(e) MAILS- The Council may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
(f) SUPPORT SERVICES- The Secretary of Education shall provide to the
Council, on a reimbursable basis, administrative support services as the
Council may request.

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Sections 10 and 11 of the Federal Advisory Committee Act (5 U.S.C. App.) are
the only sections of such Act that shall apply with respect to the Council.

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There are authorized to be appropriated $1,000,000 to carry out this Act
which shall remain available until expended or until the termination of
the Council, whichever occurs first.

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The Council will cease to exist 90 days after submitting its final report.
Amend the title so as to read: `An Act to establish a National Council on
Education Standards and Testing.'.
Attest:
Clerk.

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National Commission on a Longer School Year bill — S. 64

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