19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–315 

SOAR TECHNICAL CORRECTIONS ACT 

DECEMBER 6, 2011.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. ISSA, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 3237] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 3237) to amend the SOAR Act by clarifying the scope of coverage of the Act, having considered the same, 

report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

CONTENTS 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Roll Call Votes ......................................................................................................... 3 

Application of Law to the Legislative Branch ....................................................... 3 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Federal Advisory Committee Act ............................................................................ 4 

Unfunded Mandate Statement ............................................................................... 4 

Earmark Identification ............................................................................................ 4 

Committee Estimate ................................................................................................ 4 

Budget Authority and Congressional Budget Office Cost Estimate .................... 4 

Changes in Existing Law Made by the Bill as Reported ...................................... 5 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘SOAR Technical Corrections Act’’. 

SEC. 2. USE OF FUNDS. 

Section 3007(a)(4)(F) of the Scholarships for Opportunity and Results Act (Public 

Law 112–10; 125 Stat. 203) is amended to read as follows: 


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‘‘(F) ensures that participating students are taught by core subject matter 

teachers who have a baccalaureate degree or equivalent degree, whether 

such degree was awarded in or outside of the United States.’’. 

SEC. 3. NATIONALLY NORM-REFERENCED STANDARDIZED TESTS. 

Section 3008(h) of the Scholarships for Opportunity and Results Act (Public Law 

112–10; 125 Stat. 205) is amended by striking paragraph (2) and inserting the following: 

‘‘(2) ADMINISTRATION OF TESTS.—The Institute of Education Sciences shall administer nationally norm-referenced standardized tests, as described in paragraph (3)(A) of section 3009(a), to students participating in the evaluation under 

section 3009(a) for the purpose of conducting the evaluation under such section, 

except where a student is attending a participating school that is administering 

the same nationally norm-referenced standardized test. 

‘‘(3) TEST RESULTS.—Each participating school that administers the nationally 

norm-referenced standardized test described in paragraph (2) to an eligible student shall make the test results, with respect to such student, available to the 

Secretary as necessary for evaluation under section 3009(a).’’. 

SEC. 4. EVALUATIONS. 

Section 3009(a)(3) of the Scholarships for Opportunity and Results Act (Public 

Law 112–10; 125 Stat. 206) is amended— 

(1) in subparagraph (A), by inserting before the semicolon the following: ‘‘in 

a manner consistent with section 3008(h)’’; and 

(2) in subparagraph (C), by inserting ‘‘, if requested by the Institute of Education Sciences,’’ after ‘‘will participate’’. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

Earlier this Congress, legislation to reauthorize and strengthen 

the DC Opportunity Scholarship Program was included as part of 

the Department of Defense and Full-Year Continuing Appropriations Act (P.L. 112–10). (See House Report 112–036 for details of 

the program.) 

As with many significant bills enacted into law, there were a few 

small and technical modifications that were needed in order for the 

program to achieve its goal. H.R. 3237, the SOAR Technical Corrections Act, makes those changes. 

BACKGROUND AND NEED FOR LEGISLATION

After the 2011–2012 school year began, it became clear that 

there were a few modifications that needed to be made to the law 

in order for the Opportunity Scholarship Program to be effective, 

and to ensure that unclear legislative language did not lead to unintended consequences upon enactment. 

The ambiguity with the law lies in three areas: (1) the education 

requirements for teachers of scholarship students; (2) the manner 

in which the nationally-norm referenced test of the effectiveness of 

the program would be administered; and (3) which students would 

participate in the study. H.R. 3237 clarifies those three areas. 

The legislation requires all students participating in the program 

have a core subject matter teacher who has a baccalaureate or 

equivalent degree. It also mandates that the Institute of Education 

Sciences (IES) administer a nationally norm-referenced test as long 

as the school does not administer the same test. In addition, the 

language ensures that the student does not have to take the test 

twice, and that participating schools using that same test will 

make the results available to IES. Finally, the bill clarifies that all 

students applying for a scholarship, including those not offered one, 

agree to participate in IES evaluations, if requested by IES. 


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LEGISLATIVE HISTORY

On October 18, 2011, Representative Trey Gowdy introduced 

H.R. 3237, the SOAR Technical Corrections Act. (See House Report 

112–036 for details about the legislative history of the Opportunity 

Scholarship Program in general.) 

The Oversight and Government Reform Committee considered 

the bill on November 3, 2011, and reported the legislation favorably 

by a unanimous voice vote. 

SECTION-BY-SECTION

Section 1. Short title 

This Act may be cited as the ‘‘SOAR Technical Corrections Act.’’ 

Section 2. Use of funds 

In order to receive a grant, the school must ensure that students 

participating in the program are taught by core subject matter 

teachers who have a baccalaureate or equivalent degree. 

Section 3. Nationally norm-referenced standardized tests 

The language directs the Institute of Education Sciences (IES) to 

administer a nationally norm-referenced test to the participating 

student as long as the school doesn’t already administer the same 

test. This will ensure there is no duplication with the testing procedures. Finally, in order to properly evaluate the students’ progress, 

the school shall make the results of the tests available to the IES. 

While maintaining their autonomy in administering their own 

tests, schools shall comply with reasonable requests from the Secretary in regard to the Congressionally mandated evaluation to 

maintain integrity of the evaluation. 

Section 4. Evaluations 

Requires all students applying for an OSP scholarship, including 

those not offered a scholarship, agree to participate in IES evaluations if requested by IES. 

EXPLANATION OF AMENDMENTS

Rep. Issa offered an amendment which made very minor technical corrections to the legislation. 

COMMITTEE CONSIDERATION

On November 3, 2011, the Committee met in open session and 

ordered reported favorably the bill, H.R. 3237, as amended, by 

voice vote, a quorum being present. 

ROLL CALL VOTES

There were no roll call votes during consideration of H.R. 3237. 

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 where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill makes technical correcVerDate Mar 15 2010 06:26 Dec 07, 2011 Jkt 019006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR315.XXX HR315

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tions to the DC Opportunity Scholarship Program, which was included as part of the Department of Defense and Full-Year Continuing Appropriations Act (P.L. 112–10). As such this bill does not 

relate to employment or access to public services and accommodations. 

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 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 3237 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 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. 

3237. 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. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of RepVerDate Mar 15 2010 06:26 Dec 07, 2011 Jkt 019006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR315.XXX HR315

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resentatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 3237 from the Director of Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 8, 2011. 

Hon. DARRELL ISSA, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3237, the SOAR Technical Corrections Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Justin Humphrey. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 3237—SOAR Technical Corrections Act 

H.R. 3237 would amend the Scholarships for Opportunity and 

Results Act, which provides funding to cover the costs of tuition, 

fees, and transportation for District of Columbia residents attending private elementary and secondary schools. The bill would 

amend the requirements for teachers and for testing of students at 

schools with scholarship recipients. 

CBO estimates that implementing H.R. 3237 would have no effect on discretionary spending. In addition, enacting the bill would 

have no impact on direct spending or revenues; therefore, pay-asyou-go procedures do not apply. 

H.R. 3237 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Justin Humphrey. 

This estimate was approved by Peter H. Fontaine, Assistant Director for Budget Analysis. 

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): 

SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT 

* * * * * * * 

DIVISION C—SCHOLARSHIPS FOR 

OPPORTUNITY AND RESULTS ACT 

* * * * * * * 


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SEC. 3007. USE OF FUNDS. 

(a) OPPORTUNITY SCHOLARSHIPS.— 

(1) * * * 

* * * * * * * 

(4) PARTICIPATING SCHOOL REQUIREMENTS.—None of the 

funds provided under this division for opportunity scholarships 

may be used by an eligible student to enroll in a participating 

private school unless the participating school— 

(A) * * * 

* * * * * * * 

ø(F) ensures that each teacher of core subject matter in 

the school has a baccalaureate degree or equivalent degree, whether such degree was awarded in or outside of 

the United States.¿ 

(F) ensures that participating students are taught by core 

subject matter teachers who have a baccalaureate degree or 

equivalent degree, whether such degree was awarded in or 

outside of the United States. 

* * * * * * * 

SEC. 3008. NONDISCRIMINATION AND OTHER REQUIREMENTS FOR 

PARTICIPATING SCHOOLS. 

(a) * * * 

* * * * * * * 

(h) NATIONALLY NORM-REFERENCED STANDARDIZED TESTS.— 

(1) * * * 

ø(2) MAKE-UP SESSION.—If a participating school does not administer a nationally norm-referenced standardized test or the 

Institute of Education Sciences does not receive data on a student who is receiving an opportunity scholarship, then the Secretary (through the Institute of Education Sciences of the Department of Education) shall administer such test at least one 

time during a school year for each student receiving an opportunity scholarship.¿ 

(2) ADMINISTRATION OF TESTS.—The Institute of Education 

Sciences shall administer nationally norm-referenced standardized tests, as described in paragraph (3)(A) of section 3009(a), 

to students participating in the evaluation under section 

3009(a) for the purpose of conducting the evaluation under such 

section, except where a student is attending a participating 

school that is administering the same nationally norm-referenced standardized test. 

(3) TEST RESULTS.—Each participating school that administers the nationally norm-referenced standardized test described in paragraph (2) to an eligible student shall make the 

test results, with respect to such student, available to the Secretary as necessary for evaluation under section 3009(a). 

SEC. 3009. EVALUATIONS. 

(a) IN GENERAL.— 

(1) * * * 

* * * * * * * 


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(3) DUTIES OF THE INSTITUTE OF EDUCATION SCIENCES.—The 

Institute of Education Sciences of the Department of Education 

shall— 

(A) use a grade appropriate, nationally norm-referenced 

standardized test each school year to assess participating 

eligible students in a manner consistent with section 

3008(h); 

* * * * * * * 

(C) work with the eligible entities to ensure that the parents of each student who applies for a scholarship under 

this division (regardless of whether the student receives 

the scholarship) and the parents of each student participating in the scholarship program under this division, 

agree that the student will participate, if requested by the 

Institute of Education Sciences, in the measurements given 

annually by the Institute of Educational Sciences for the 

period for which the student applied for or received the 

scholarship, respectively, except that nothing in this subparagraph shall affect a student’s priority for an opportunity scholarship as provided under section 3006. 

* * * * * * * 

Æ 


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