H. R. 6—522
(1) IN
GENERAL.—(A) The Secretary shall provide for
continuing review of the National Assessment, State assess-
ments, and student performance levels, by one or more nation-
ally recognized evaluation organizations, such as the National
Academy of Education and the National Academy of Sciences.
(B) Such continuing review shall address—
(i) whether each developmental State assessment is
properly administered, produces high quality data that are
valid and reliable, and produces data on student achieve-
ment that are not otherwise available to the State (other
than data comparing participating States to each other
and the Nation); and
(ii) whether developmental student performance levels
are reasonable, valid, and informative to the public.
(2) REPORT.—The Secretary shall report to the Congress,
the President, and the Nation on the findings and recommenda-
tions of such reviews.
(3) 
USE
OF
FINDINGS
AND
RECOMMENDATIONS.—The
Commissioner shall consider the findings and recommendations
of such reviews in designing the competition to select the
organization, or organizations, through which the Commis-
sioner 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, includ-
ing such terms as are mutually satisfactory, to include in
the National Assessment elementary 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.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) ESTABLISHMENT.—There is established the National Assess-
ment Governing Board (hereafter in this title referred to as the
‘‘Board’’), which shall formulate policy guidelines for the National
Assessment.
(b) MEMBERSHIP.—
(1) APPOINTMENT AND COMPOSITION.—The Board shall be
appointed by the Secretary and be composed of—
(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;
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(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; and
(M) four additional members who are representatives
of the general public, including parents.
(2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.—
The Assistant Secretary for Educational Research and Improve-
ment shall serve as an ex officio, nonvoting member of the
Board.
(3) SPECIAL
RULE.—The Secretary and the Board shall
ensure at all times that the membership of the Board reflects
regional, racial, gender, and cultural balance and diversity
and that the Board exercises its independent judgment, free
from inappropriate influences and special interests.
(c) TERMS.—
(1) IN GENERAL.—Terms of service of members of the Board
shall be staggered and may not exceed a period of 3 years,
as determined by the Secretary.
(2) SERVICE LIMITATION.—Members of the Board may serve
not more than two terms.
(3) CHANGE
OF
STATUS.—A member of the 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.
(d) VACANCIES.—
(1) IN GENERAL.—(A) The Secretary shall appoint new mem-
bers to fill vacancies on the 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) Each organization submitting nominations to the Sec-
retary with respect to a particular vacancy shall nominate
for such vacancy six individuals who are qualified by experience
or training to fill the particular Board vacancy.
(C) The Secretary’s appointments shall maintain the com-
position, diversity, and balance of the 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 appro-
priate knowledge or expertise.
(e) DUTIES.—
(1) IN GENERAL.—In carrying out its functions under this
section the Board shall—
(A) select subject areas to be assessed (consistent with
section 411(b)(1));
(B) develop appropriate student performance levels as
provided in section 411(e);
(C) develop assessment objectives and test specifica-
tions through a national consensus approach which
includes the active participation of teachers, curriculum
specialists, local school administrators, parents, and con-
cerned members of the public;
H. R. 6—524
(D) design the methodology of the assessment, in con-
sultation with appropriate technical experts, including the
Advisory Council established under section 407;
(E) develop guidelines for reporting and disseminating
results;
(F) develop standards and procedures for interstate,
regional, and national comparisons; and
(G) take appropriate actions needed to improve the
form and use of the National Assessment.
(2) DELEGATION.—The Board may delegate any of the
Board’s procedural and administrative functions to its staff.
(3) COGNITIVE ITEMS.—The Board shall have final authority
on the appropriateness of cognitive items.
(4) PROHIBITION AGAINST BIAS.—The Board shall take steps
to ensure that all items selected for use in the National Assess-
ment are free from racial, cultural, gender, or regional bias.
(5) TECHNICAL.—In carrying out the duties required by
paragraph (1), the Board may seek technical advice, as appro-
priate, from the Commissioner and the Advisory Council on
Education Statistics and other experts.
(6) REPORT.—Not later than 90 days after an evaluation
of the student performance levels under section 411(e), the
Board shall make a report to the Secretary, the Committee
on Education and Labor of the House of Representatives, and
the Committee on Labor and Human Resources of the Senate
describing the steps the 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 Board shall be independent of the Secretary and the other
offices and officers of the Department.
(2) STAFF.—(A) The Secretary may appoint, at the request
of the Board, such staff as will enable the Board to carry
out its responsibilities.
(B) Such appointments may include, for terms not to exceed
three 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 sub-
chapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(g) COORDINATION.—The Commissioner and the Board shall
meet periodically—
(1) to ensure coordination of their duties and activities
relating to the National Assessment; and
(2) for the Commissioner to report to the Board on the
Department’s actions to implement the decisions of the Board.
(h) ADMINISTRATION.—Only sections 10, 11, and 12 of the Fed-
eral Advisory Committee Act shall apply with respect to the Board.
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 appro-
priated $35,000,000 for fiscal year 1995 and such sums as may
H. R. 6—525
be necessary for each of the fiscal years 1996 and 1997 to carry
out section 411.
(c) GOVERNING BOARD.—There are authorized to be appro-
priated $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.
TITLE V—MISCELLANEOUS PROVISIONS
PART A—ALBERT EINSTEIN DISTINGUISHED
EDUCATOR FELLOWSHIP ACT
SEC. 511. SHORT TITLE.
This part may be cited as the ‘‘Albert Einstein Distinguished
Educator Fellowship Act of 1994’’.
SEC. 512. FINDINGS.
The Congress finds that—
(1) the Department of Energy has unique and extensive
mathematics and science capabilities that contribute to mathe-
matics and science education programs throughout the Nation;
(2) a need exists to increase understanding, communication,
and cooperation between the Congress, the Department of
Energy, other Federal agencies, and the mathematics and
science education community;
(3) elementary and secondary school mathematics and
science teachers can provide practical insight to the legislative
and executive branches in establishing and operating education
programs; and
(4) a pilot program that placed elementary and secondary
school mathematics and science teachers in professional staff
positions in the Senate and the House of Representatives has
proven successful and demonstrated the value of expanding
the program.
SEC. 513. PURPOSE; DESIGNATION.
(a) PURPOSE.—The purpose of this part is to establish within
the Department of Energy a national fellowship program for
elementary and secondary school mathematics and science teachers.
(b) DESIGNATION.—A recipient of a fellowship under this part
shall be known as an ‘‘Albert Einstein Fellow’’.
SEC. 514. DEFINITIONS.
As used in this part—
(1) the term ‘‘elementary school’’ has the meaning provided
by section 14101 of the Elementary and Secondary Education
Act of 1965;
(2) the term ‘‘local educational agency’’ has the meaning
provided by section 14101 of the Elementary and Secondary
Education Act of 1965;
(3) the term ‘‘secondary school’’ has the meaning provided
by section 14101 of the Elementary and Secondary Education
Act of 1965; and
(4) the term ‘‘Secretary’’ means the Secretary of Energy.
SEC. 515. FELLOWSHIP PROGRAM.
(a) IN GENERAL.—
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(1) ESTABLISHMENT.—The Secretary shall establish the
Albert Einstein Distinguished Educator Fellowship Program
(hereafter in this part referred to as the ‘‘Program’’) to provide
12 elementary or secondary school mathematics or science
teachers with fellowships in each fiscal year in accordance
with this part.
(2) ORDER OF PRIORITY.—The Secretary may reduce the
number of fellowships awarded under this part for any fiscal
year in which the amount appropriated for the Program is
insufficient to support 12 fellowships. If the number of fellow-
ships awarded under this part is reduced for any fiscal year,
then the Secretary shall award fellowships based on the follow-
ing order of priority:
(A) Three fellowships in the Department of Energy.
(B) Two fellowships in the Senate.
(C) Two fellowships in the House of Representatives.
(D) One fellowship in each of the following entities:
(i) The Department of Education.
(ii) The National Institutes of Health.
(iii) The National Science Foundation.
(iv) 
The 
National 
Aeronautics 
and 
Space
Administration.
(v) The Office of Science and Technology Policy.
(3) TERMS
OF
FELLOWSHIPS.—Each fellowship awarded
under this part shall be awarded for a period of ten months
that, to the extent practicable, coincide with the academic year.
(4) ELIGIBILITY.—To be eligible for a fellowship under this
part, an elementary or secondary school mathematics or science
teacher must demonstrate—
(A) that such teacher would bring unique and valuable
contributions to the Program;
(B) that such teacher is recognized for excellence in
mathematics or science education; and
(C)(i) a sabbatical leave from teaching will be granted
in order to participate in the Program; or
(ii) the teacher will return to a teaching position com-
parable to the position held prior to participating in the
Program.
(b) ADMINISTRATION.—The Secretary shall—
(1) provide for the development and administration of an
application and selection process for fellowships under the Pro-
gram, including a process whereby final selections of fellowship
recipients are made in accordance with subsection (c);
(2) provide for the publication of information on the Pro-
gram in appropriate professional publications, including an
invitation for applications from teachers listed in the directories
of national and State recognition programs;
(3) select from the pool of applicants 12 elementary and
secondary school mathematics teachers and 12 elementary and
secondary school science teachers;
(4) develop a program of orientation for fellowship recipi-
ents under this part; and
(5) not later than August 31 of each year in which fellow-
ships are awarded, prepare and submit an annual report and
evaluation of the Program to the appropriate Committees of
the Senate and the House of Representatives.
(c) SELECTION.—
H. R. 6—527
(1) IN GENERAL.—The Secretary shall arrange for the 24
semifinalists to travel to Washington, D.C., to participate in
interviews in accordance with the selection process described
in paragraph (2).
(2) FINAL SELECTION.—(A) Not later than May 1 of each
year preceding each year in which fellowships are to be
awarded, the Secretary shall select and announce the names
of the fellowship recipients.
(B) The Secretary shall provide for the development and
administration of a process to select fellowship recipients from
the pool of semifinalists as follows:
(i) The Secretary shall select three fellowship recipients
who shall be assigned to the Department of Energy.
(ii) The Majority Leader of the Senate and the Minority
Leader of the Senate, or their designees, shall each select
a fellowship recipient who shall be assigned to the Senate.
(iii) The Speaker of the House of Representatives and
the Minority Leader of the House of Representatives, or
their designees, shall each select a fellowship recipient
who shall be assigned to the House of Representatives.
(iv) Each of the following individuals, or their des-
ignees, shall select one fellowship recipient who shall be
assigned within the department, office, agency, or institute
such individual administers:
(I) The Secretary of Education.
(II) The Director of the National Institutes of
Health.
(III) 
The 
Director 
of 
the 
National 
Science
Foundation.
(IV) The Administrator of the National Aeronautics
and Space Administration.
(V) The Director of the Office of Science and Tech-
nology Policy.
SEC. 516. FELLOWSHIP AWARDS.
(a) FELLOWSHIP RECIPIENT COMPENSATION.—Each recipient of
a fellowship under this part shall be paid during the fellowship
period at a rate of pay that shall not exceed the minimum annual
rate payable for a position under GS–13 of the General Schedule.
(b) LOCAL EDUCATIONAL AGENCY.—The Secretary shall seek
to ensure that no local educational agency penalizes a teacher
who elects to participate in the Program.
SEC. 517. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM
(WERC).
(a) IN GENERAL.—The Secretary is authorized to establish a
partnership of Department of Energy laboratories, academic
institutions, and private sector industries to conduct environ-
mentally-related education programs, including programs involving
environmentally conscious manufacturing and waste management
activities that have undergraduate and graduate educational train-
ing as a component.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for the Program
$700,000 for fiscal year 1995, and such sums as may be necessary
for each of the four succeeding fiscal years.
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(b) WERC PROGRAM.—There are authorized to be appropriated
for the WERC program under section 517 such sums as may be
necessary for fiscal year 1995 and each of the four succeeding
fiscal years.
PART B—COMMUNITY SCHOOL
PARTNERSHIPS
SEC. 521. SHORT TITLE.
This part may be cited as the ‘‘Community School Partnership
Act’’.
SEC. 522. FINDINGS.
The Congress finds that—
(1) the local community, when properly organized and chal-
lenged, is one of the best sources of academic support, motiva-
tion toward achievement, and financial resources for aspiring
postsecondary students;
(2) local communities, working to complement or augment
services currently being offered by area schools and colleges,
can raise the educational expectations and increase the rate
of postsecondary attendance of their youth by forming locally
based organizations that provide both academic support (includ-
ing guidance, counseling, mentoring, tutoring, encouragement,
and recognition) and tangible, locally raised, effectively tar-
geted, publicly recognized financial assistance;
(3) proven methods of stimulating these community efforts
can be promoted through Federal support for the establishment
of area program centers to organize and challenge community
efforts to develop educational incentives and support for local
students; and
(4) using Federal funds to leverage private contributions
to help students from low-income families attain educational
and career goals is an efficient and effective investment of
scarce taxpayer-provided resources.
SEC. 523. DEFINITIONS.
As used in this part:
(1) AREA PROGRAM CENTER.—The term ‘‘area program cen-
ter’’ means an organization that—
(A) is part of, responsible to, and overseen by, the
national organization; and
(B) is staffed by professionals trained to create, develop,
and sustain local affiliated chapters in towns, cities, and
neighborhoods.
(2) LOCAL AFFILIATED CHAPTER.—The term ‘‘local affiliated
chapter’’ means an organization that—
(A) is a nonprofit organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986,
and exempt from taxation under section 501(a) of such
Code (or shall meet this criteria through affiliation with
the national organization described in paragraph (3));
(B) is formed for the purpose of providing educational
scholarships and academic support for residents of the
local community served by such organization;
(C) solicits broad-based community support in its aca-
demic support and fund-raising activities;
H. R. 6—529
(D) is broadly representative of the local community
in the structures of its volunteer-operated organization and
has a board of directors that includes leaders from local
neighborhood organizations and neighborhood residents,
such as school or college personnel, parents, students,
community agency representatives, and representatives of
the business community;
(E) awards scholarships without regard to age, sex,
marital status, race, creed, color, religion, national origin
or disability; and
(F) gives priority in awarding scholarships to students
from low-income families in the local community.
(3) NATIONAL ORGANIZATION.—The term ‘‘national organiza-
tion’’ means an organization that—
(A) has the capacity to create, develop and sustain
local affiliated chapters;
(B) has the capacity to sustain newly created local
affiliated chapters in towns, cities, and neighborhoods
through ongoing training and support programs;
(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from taxation under
section 501(a) of such Code;
(D) is a publicly supported organization within the
meaning of section 170(b)(1)(A)(vi) of such Code;
(E) ensures that each of its local affiliated chapters
meet the criteria described in subparagraphs (C) and (D);
and
(F) has a program for or experience in cooperating
with secondary and postsecondary institutions in carrying
out its scholarship and academic support activities.
(4) HIGH-POVERTY
AREA.—The term ‘‘high-poverty area’’
means a community with a higher percentage of children in
poverty than the national average of such percentage.
(5) STUDENTS FROM LOW-INCOME FAMILIES.—The term ‘‘stu-
dents from low-income families’’ means students determined,
pursuant to part F of title IV of the Higher Education Act
of 1965, to be eligible for a Federal Pell Grant under subpart
1 of part A of title IV of such Act.
SEC. 524. PURPOSE; ENDOWMENT GRANT AUTHORITY.
(a) PURPOSE.—It is the purpose of this part to establish and
support area program centers to enable such centers to foster the
development of local affiliated chapters in high-poverty areas that
promote higher education goals for students from low-income fami-
lies by—
(1) providing academic support, including guidance, coun-
seling, mentoring, tutoring, and recognition; and
(2) providing scholarship assistance for the pursuit of post-
secondary education.
(b) ENDOWMENT GRANT AUTHORITY.—From the funds appro-
priated pursuant to the authority of section 527, the Secretary
shall award an endowment grant, on a competitive basis, to a
national organization to enable such organization to support the
establishment or ongoing work of area program centers that foster
the development of local affiliated chapters in high-poverty areas
to improve high school graduation rates and postsecondary attend-
H. R. 6—530
ance through the provision of academic support services and scholar-
ship assistance for the pursuit of postsecondary education.
SEC. 525. GRANT AGREEMENT AND REQUIREMENTS.
(a) IN GENERAL.—The Secretary shall award the endowment
grant described in section 524(b) pursuant to an agreement between
the Secretary and the national organization. Such agreement
shall—
(1) require the national organization to establish an endow-
ment fund in the amount of the grant, the corpus of which
shall remain intact and the interest income from which shall
be used to support the activities described in paragraphs (2)
and (3);
(2) require the national organization to use 25 percent
of the interest income from the endowment fund in any fiscal
year to provide scholarships for students from low-income fami-
lies, which scholarships shall be matched on a dollar-for-dollar
basis from funds raised by local affiliated chapters;
(3) require the national organization to use 75 percent
of the interest income from the endowment fund in any fiscal
year to support the establishment or ongoing work of area
program centers to enable such centers to work with local
communities to establish local affiliated chapters in high-pov-
erty areas and provide ongoing technical assistance, training
workshops, and other activities to help ensure the ongoing
success of the local affiliated chapters;
(4) require the area program centers supported by the
national organization to give priority to establishing local affili-
ated chapters that serve high-poverty areas;
(5) require the national organization to submit, in each
fiscal year in which such organization uses the interest from
the endowment fund, a report to the Secretary that contains—
(A) a description of the programs and activities sup-
ported by the interest on the endowment fund;
(B) the audited financial statement of the national
organization for the preceding fiscal year;
(C) a plan for the programs and activities to be sup-
ported from the interest on the endowment fund during
the five succeeding fiscal years;
(D) an evaluation of the programs and activities sup-
ported by the interest on the endowment fund as the Sec-
retary may require; and
(E) data indicating the number of students from low-
income families who received scholarships from local affili-
ated chapters, and the amounts of such scholarships;
(6) contain such assurances as the Secretary may require
with respect to the management and operation of the endow-
ment fund;
(7) require that, in order to continue using the interest
from the endowment fund, the national organization will meet
the continuing eligibility requirements described in section 526;
and
(8) contain an assurance that if the Secretary determines
that such organization is not in substantial compliance with
the provisions of this part, then the national organization shall
pay to the Secretary an amount equal to the corpus of the
endowment fund plus any accrued interest on such fund that