H. R. 2264—40
contract shall be terminated and the Board shall negotiate a new
contract, under the Board’s exclusive control, for the tests, not
inconsistent with this Act or applicable laws.
(b) In carrying out its exclusive authority for developing vol-
untary national tests pursuant to contract RJ97153001, any subse-
quent contract related thereto, or any contract modification pursu-
ant to subsection (a), the National Assessment Governing Board
shall determine—
(1) the extent to which test items selected for use on
the tests are free from racial, cultural or gender bias;
(2) whether the test development process and test items
adequately assess student reading and mathematics com-
prehension in the form most likely to yield accurate information
regarding student achievement in reading and mathematics;
(3) whether the test development process and test items
take into account the needs of disadvantaged, limited English
proficient and disabled students; and
(4) whether the test development process takes into account
how parents, guardians, and students will appropriately be
informed about testing content, purpose and uses.
SEC. 308. STUDY.—The National Academy of Sciences shall,
not later than September 1, 1998, submit a written report to the
Committee on Education and the Workforce of the House of Rep-
resentatives, the Committee on Labor and Human Resources of
the Senate, and the Committees on Appropriations of the House
and Senate that evaluates all test items developed or funded by
the Department of Education or any other agency of the Federal
Government pursuant to contract RJ97153001, any subsequent con-
tract related thereto, or any contract modification by the National
Assessment Governing Board pursuant to section 307 of this Act,
for—
(1) the technical quality of any test items for 4th grade
reading and 8th grade mathematics;
(2) the validity, reliability, and adequacy of developed test
items;
(3) the validity of any developed design which links test
results to student performance;
(4) the degree to which any developed test items provide
valid and useful information to the public;
(5) whether the test items are free from racial, cultural,
or gender bias;
(6) whether the test items address the needs of disadvan-
taged, limited English proficient and disabled students; and
(7) whether the test items can be used for tracking, gradua-
tion or promotion of students.
SEC. 309. (a) STUDY.—The National Academy of Sciences shall
conduct a study and make written recommendations on appropriate
methods, practices, and safeguards to ensure that—
(1) existing and new tests that are used to assess student
performance are not used in a discriminatory manner or
inappropriately for student promotion, tracking or graduation;
and
(2) existing and new tests adequately assess student read-
ing and mathematics comprehension in the form most likely
to yield accurate information regarding student achievement
of reading and mathematics skills.
H. R. 2264—41
(b) REPORT TO CONGRESS.—The National Academy of Sciences
shall submit a written report to the White House, the National
Assessment Governing Board, the Committee on Education and
the Workforce of the House of Representatives, the Committee
on Labor and Human Resources of the Senate, and the Committees
on Appropriations of the House and Senate not later than Septem-
ber 1, 1998.
SEC. 310. (a) The Federal Government shall not require any
State or local educational agency or school to administer or imple-
ment any pilot or field test in any subject or grade, nor shall
the Federal Government require any student to take any national
test in any subject or grade.
(b) Nothing in section 309(a) shall be construed as affecting
the National Assessment of Educational Progress or the Third Inter-
national Math and Science Study.
SEC. 311. No Federal, State or local educational agency may
require any private or parochial school student, or home-schooled
individual, to take any pilot or field test developed under this
Act, contract RJ97153001, or any contract related thereto, without
the written consent of the parents or legal guardians of the student
or individual.
SEC. 312. Notwithstanding any other provision of law, any
institution of higher education which receives funds under title
III of the Higher Education Act, except for grants made under
section 326, may use up to 20 percent of its award under part
A or part B of the Act for endowment building purposes authorized
under section 331. Any institution seeking to use part A or part
B funds for endowment building purposes shall indicate such
intention in its application to the Secretary and shall abide by
departmental regulations governing the endowment challenge grant
program.
(TRANSFER OF FUNDS)
SEC. 313. Notwithstanding any other provision of the Higher
Education Act, $280,000,000 of the balances of returned reserves,
formerly held by the Higher Education Assistance Foundation, that
are currently held in Higher Education Assistance Claims Reserves,
Treasury account number 91X6192, shall be transferred to Mis-
cellaneous Receipts of the Treasury, within 60 days of enactment
of this Act.
IMPACT AID
SEC. 314. (a) IN GENERAL.—From funds made available to
carry out section 3(d)(2)(B) of the Act of September 30, 1950 (Public
Law 874, 81st Congress) for fiscal year 1994 that remain after
making 100 percent of the payments local educational agencies
are eligible to receive under such section for such fiscal year,
the Secretary of Education shall make payments to applicants for
fiscal year 1996 pursuant to subsection (b).
(b) AWARD BASIS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary of Education shall make a payment to each applicant
in an amount that bears the same relation to the total amount
of remaining funds described in subsection (a) as the number
of children who were in average daily attendance in the schools
served by the applicant for fiscal year 1996 bears to the total
H. R. 2264—42
number of all such children in the schools served by all
applicants for such year.
(2) SPECIAL RULE.—Any applicant that had less than 200
children in average daily attendance in the schools served
by the applicant for fiscal year 1996 shall receive a payment
under this section for fiscal year 1996 in an amount equal
to not less than $175,000.
(3) DATA.—For purposes of computing payments under this
section, the Secretary of Education shall use data that—
(A) was included in each applicant’s application for
assistance under section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) for fiscal
year 1996; and
(B) is verified by the Secretary.
(c) DEFINITION OF APPLICANT.—For purposes of this section,
the term ‘‘applicant’’ means an applicant for assistance under sec-
tion 8003 of the Elementary and Secondary Education Act of 1965
for fiscal year 1996 having 1 of the following applicant numbers
for such year:
(1) 51–0904.
(2) 51–4203.
(3) 51–1903.
(4) 51–0010.
(5) 51–0811.
(6) 51–2101.
SEC. 315. Section 10304 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by adding at the end the following:
‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State that receives
a grant under this part and designates a tribally controlled school
as a charter school shall not consider payments to a school under
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507) in
determining—
‘‘(1) the eligibility of the school to receive any other Federal,
State, or local aid; or
‘‘(2) the amount of such aid.’’.
This title may be cited as the ‘‘Department of Education Appro-
priations Act, 1998’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the United States Soldiers’ and Airmen’s
Home and the United States Naval Home, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$68,669,000, of which $13,217,000 shall remain available until
expended for construction and renovation of the physical plants
at the United States Soldiers’ and Airmen’s Home and the United
States Naval Home: Provided, That, notwithstanding any other
provision of law, a single contract or related contracts for the
development and construction at the United States Soldiers’ and
Airmen’s Home, to include renovation of the Sheridan building,
may be employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract shall
contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–
18 and 252.232–7007 Limitation of Government Obligation.
H. R. 2264—43
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $256,604,000.
CORPORATION FOR PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 2000, $300,000,000: Provided, That no funds made avail-
able to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertain-
ment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Concilia-
tion Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),
including hire of passenger motor vehicles; and for expenses nec-
essary for the Labor-Management Cooperation Act of 1978 (29
U.S.C. 175a); and for expenses necessary for the Service to carry
out the functions vested in it by the Civil Service Reform Act,
Public Law 95–454 (5 U.S.C. ch. 71), $33,481,000, including
$1,500,000, to remain available through September 30, 1999, for
activities authorized by the Labor-Management Cooperation Act
of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and for arbitration services shall be credited to and
merged with this account, and shall remain available until
expended: Provided further, That fees for arbitration services shall
be available only for education, training, and professional develop-
ment of the agency workforce: Provided further, That the Director
of the Service is authorized to accept on behalf of the United
States gifts of services and real, personal, or other property in
the aid of any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.