Education Council Act of 1991
PL 102-62 (S.64), enacted 06/27/1991

PUBLIC LAW 102-62—JUNE 27, 1991 
105 STAT. 305 
Public Law 102-62 
102d Congress 
An Act 
To authorize appropriations to establish a National Education Commission on Time 
and Learning and a National Council on Education Standards and Testing, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Education Council Act of 1991". 
SEC. 2. TABLE OF CONTENTS. 
The table of contents is as follows: 
Sec. 1. Table of contents. 
TITLE I—NATIONAL EDUCATION COMMISSION ON TIME AND LEARNING 
Sec. 101. Short title. 
Sec. 102. National Education Commission on Time and Learning. 
TITLE II—NATIONAL WRITING PROJECT 
Sec. 201. Findings. 
Sec. 202. National Writing Project. 
TITLE m—MISCELLANEOUS 
PART A—CIVIC EDUCATION PROGRAM 
Sec. 301. Instruction on the history and principles of democracy in the United 
States. 
PART B—LAW-RELATED EDUCATION PROGRAM 
Sec. 311. Amendment to law-related education program. 
TITLE IV—NATIONAL COUNQIL ON EDUCATION STANDARDS AND TESTING 
Sec. 401. Short title. 
Sec. 402. Purpose and findings. 
i 
Sec. 403. Establishment. 
Sec. 404. Duties. 
I 
Sec. 405. Reports. 
' 
Sec. 406. Membership. 
Sec. 407. Director and staff; experts and consultants. 
Sec. 408. Powers of Council. 
Sec. 409. Federal Advisory Committee Act. 
Sec. 410. Authorization of Appropriations. 
Sec. 411. Termination. 
June 27, 1991 
[S. 64] 
Education 
Council Act of 
1991. 
20 u s e 1221-1 
note. 
20 u s e 1221-1 
note. 
TITLE I—NATIONAL EDUCATION COMMISSION ON TIME 
AND LEARNING 
Sec. 101. SHORT TITLE. 
This title may be cited as the "National Education Commission on 
Time and Learning Act". 
National 
Education 
Commission on 
Time and 
Learning Act. 
20 u s e 1221-1 
note. 
105 STAT. 306 
PUBLIC LAW 102-62—JUNE 27, 1991 
SEC. 102. NATIONAL EDUCATION COMMISSION ON TIME AND LEARNING. 
(a) ESTABLISHMENT.—There is hereby established a National Edu-
cation Commission on Time arid Learning (hereafter in this title 
referred to as the "Commission"). 
0)) MEMBERSHIP OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall consist of nine mem-
bers, of whom— 
(A) 3 members shall be appointed by the Secretary of 
Education (hereafter in this Act referred to as the "Sec-
retary"); 
(B) 3 members shall be appointed by the Speaker of the 
House of Representatives in consultation with the minority 
leader of the House of Representatives; and 
(C) 3 members shall be appointed by the President pro 
tempore of the Senate upon the recommendation of the 
majority leader and minority leader of the Senate. 
(2) REQUIREMENTS.— 
(A) After consultation among the appointing authorities, 
members of the Commission shall be appointed on the basis 
of exceptional education, training, or experience from 
among— 
(i) the Nation's Governors; 
(ii) individuals from the business community; 
(iii) individuals who are engaged in the profession of 
teaching; 
(iv) individuals engaged in school administration, 
members of school boards, and parents or representa-
tives of parents or parent organizations; 
(v) State officials directly responsible for education; 
(vi) Federal officials responsible for education policy; 
(vii) educational researchers with experience rel-
evant to the Commission's work; 
(viii) Members of Congress and State legislators; and 
(ix) representatives of nonprofit organizations or 
foundations 
which 
work 
to 
expand 
educational 
opportunities for children outside of school hours. 
(3) VACANCIES.—A vacancy in the Commission shsill not affect 
its powers, but shall be filled in the same manner as the original 
appointment was made. 
(4) TERMS.—Members of the Commission shall be appointed to 
serve for the life of the Commission. 
(5) COMPENSATION.—Each member of the Commission shall 
serve without compensation, but shall be allowed travel ex-
penses including per diem in lieu of subsistence, as authorized 
by section 5703 of title 5, United States Code, when engaged in 
the performance of Commission duties. 
(6) ACTIVITY OF COMMISSION.—The Commission may begin to 
carry out its duties under this subsection when at least 5 
members of the Commission have been appointed. 
(c) FUNCTIONS OF THE COMMISSION.— 
(1) STUDY.—The Commission shall examine the quality and 
adequacy of the study and learning time of elementary and 
secondary students in the United States, including issues 
regarding the length of the school day and year, the extent and 
role of homework, how time is being used for academic subjects. 
PUBLIC LAW 102-62—JUNE 27, 1991 
105 STAT. 307 
year-round professional opportunities for teachers, and the use 
of school facilities for extended learning programs. 
(2) REPORT.—The Commission shall submit a final report 
under subsection (d). The report shall include an analysis and 
recommendations concerning— 
(A) the length of the academic day and the academic year 
in elementary and secondary schools throughout the 
United States and in schools of other nations; 
(B) the time children spend in school learning academic 
subjects such as English, mathematics, science, history, and 
geography; 
(C) the use of incentives for students to increase their 
educational achievement in available instruction time; 
(D) how children spend their time outside school with 
particular attention to how much of that time can be 
considered "learning time" and how out-of-school activities 
affect intellectual development; 
(E) the time children spend on homework, how much of 
' 
that time is spent on academic subjects, the importance 
that parents and teachers attach to homework, and the 
extent to which homework contributes to student learning; 
(F) year-round professional opportunities for teachers and 
how teachers can use their time to acquire knowledge and 
skills that will permit them to improve their performance 
and help raise the status of the profession; 
(G) how school facilities are used for extended learning 
< 
programs; 
(H) the appropriate number of hours per day and days per 
year of instruction for United States public elementary and 
secondary schools; 
(I) if appropriate, a model plan for adopting a longer 
academic day and academic year for use by United States 
elementary and secondary schools by the end of this decade, 
including recommendations regarding mechanisms to assist 
States, school districts, schools, and parents in making the 
transition from the current academic day and year to an 
academic day and year of a longer duration; 
(J) suggestions for such changes in laws and regulations 
as may be required to facilitate States, school districts, and 
schools in adopting longer academic days and years; and 
(K) an analysis and estimate of the additional costs, 
including the cost of increased teacher compensation, to 
States and local school districts if longer academic days and 
years are adopted. 
(d) COMMISSION REPORT.—Not later than 2 years after the Commis-
sion concludes its first meeting, the Commission shall submit a final 
report to the Congress and the Secretary on the study and any 
recommendations required pursuant to the provisions of this 
section. 
(e) POWERS OF THE COMMISSION.— 
(1) HEARINGS.—The Commission may, for the purpose of 
carr3dng out this section, conduct such hearings, sit and act at 
such times and places, take such testimony, and receive such 
evidence, as the Commission considers appropriate. 
(2) TESTIMONY; PUBLIC HEARINGS.—In carrying out this sec-
tion, the Commission shall receive testimony and conduct public 
hearings in different geographic areas of the country, both 
105 STAT. 308 
PUBLIC LAW 102-62—JUNE 27, 1991 
urban and rural, to receive the reports, views, and sinalyses of a 
broad spectrum of experts and the public regarding the quality 
and adequacy of the time devoted to study and learning. 
(3) INFORMATION.—The Commission may secure directly from 
any Federal agency such information, relevsmt to its functions, 
as may be necessary to enable the Commission to carry out this 
subsection. Upon request of the Chairman of the Commission, 
the head of the agency shall, to the extent permitted by law, 
furnish such information to the Commission. 
(4) GIFTS.—The Commission may accept, use, and dispose of 
gifts or donations of money, services, or property, for the pur-
pose of aiding the work of the Commission. 
(5) USE OF MAILS.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as the department and agencies of the United States. 
(6) SUPPORT SERVICES.—The Secretary shall provide to the 
Commission on a reimbursable basis such reasonable adminis-
trative and support services as the Commission may request. 
(f) ADMINISTRATIVE PROVISIONS.— 
(1) MEETINGS.—The Commission shall meet on a regular basis, 
as necessary, at the call of the Chairman or a majority of its 
members. 
(2) QUORUM.—A majority of the members of the Commission 
shall constitute a quorum for the transaction of business. 
(3) CHAIRMAN AND VICE CHAIRMAN.— 
(A) The Chairman and Vice Chairman of the Commission 
shall be elected by and from the members of the Commis-
sion. 
(B) The Commission shall appoint a staff director, who 
shall be paid at a rate not to exceed the maximum rate of 
basic pay under section 5376 of title 5, United States Code, 
and such professional and clerical personnel as may be 
reasonable and necessary to enable the Commission to 
carry out its functions without regard to the provisions of 
title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title, or 
of any other provision of law, relating to the number, 
classification, and General Schedule rates, except that no 
employee, other than the staff director, may be com-
pensated at a rate to exceed the maximum rate applicable 
to level 15 of the General Schedule. 
(4) OTHER FEDERAL PERSONNEL.—Upon request of the Chair-
man of the Commission, the head of any Federal agency is 
authorized to detail, without reimbursement, any personnel of 
such agency to the Commission to assist the Commission in 
carrjdng out its duties under this title. Such detail shall be 
without interruption or loss of civil service status or privilege. 
(g) TERMINATION OF THE COMMISSION.—The Commission shall 
terminate 90 days after submitting the final report required by 
subsection (d). 
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $1,000,000 for each of the fiscal years 1991, 1992, 
and 1993 to carry out the provisions of this title. 
PUBLIC LAW 102-62—JUNE 27, 1991 
105 STAT. 309 
TITLE II—NATIONAL WRITING PROJECT 
20 USC 1221-1 
note. 
SEC. 201. FINDINGS. 
The Congress finds that— 
(1) the United States faces a crisis in writing in schools and in 
the workplace; 
(2) only 25 percent of 11th grade students have adequate 
anal3rtical writing skills; 
(3) over the past two decades, universities £ind colleges across 
the country have reported increasing numbers of entering fresh-
men who are unable to write at a level equal to the demands of 
college work; 
(4) American businesses and corporations are concerned about 
the limited writing skills of entry-level workers, and a growing 
number of executives are reporting that advancement was 
denied to them due to inadequate writing abilities; 
(5) the writing problem has been msignified by the rapidly 
changing student populations in the Nation's schools and the 
growing number of students who are at risk because of limited 
English proficiency; 
(6) most teachers in the United States elementary schools, 
secondary schools, and colleges, have not been trained to teach 
writing; 
(7) since 1973, the only national program to address the 
writing problem in the Nation's schools has been the National 
Writing Project, a network of collaborative university-school 
programs whose goal is to improve the quality of student writ-
ing and the teaching of writing at all grade levels and to extend 
the uses of writing as a learning process through all disciplines; 
(8) the National Writing Project offers summer and school 
year inservice teacher treiining programs and a dissemination 
network to inform and teach teachers of developments in the 
field of writing; 
(9) the National Writing Project is a nationally recognized 
and honored nonprofit orggmization that recognizes that there 
are teachers in every region of the country who have developed 
successful methods for teaching writing and that such teachers 
can be trained and encouraged to train other teachers; 
(10) the National Writing Project has become a model for 
programs in other academic fields; 
(11) the National Writing Project teacher-teaching-teachers 
program identifies and promotes what is working in the class-
rooms of the Nation's best teachers; 
(12) the National Writing Project teacher-teaching-teachers 
project is a positive program that celebrates good teaching 
practices and good teachers and through its work with schools 
increases the Nation's corps of successful classroom teachers; 
(13) evaluations of the National Writing Project document the 
positive impact the project has had on improving the teaching of 
-writing, student performance, and student thinking and learn-
ing ability; 
(14) the National Writing Project programs offer career-long 
education to teachers, and teachers participating in the Na-
. tional Writing Project receive graduate academic credit; 
(15) each year approximately 85,000 teachers voluntarily seek 
training through word of mouth endorsements from other 
105 STAT. 310 
PUBLIC LAW 102-62—JUNE 27, 1991 
teachers in National Writing Project intensive summer work-
shops and school-year inservice programs through one of the 
141 regional sites located in 43 States, and in 4 sites that serve 
United States teachers teaching overseas; 
(16) 250 National Writing Project sites are needed to establish 
regional sites to serve all teachers; 
(17) 13 National Writing Project sites in 8 different States 
have been discontinued in 1988 due to lack of funding; and 
(18) private foundation resources, although generous in the 
past, are inadequate to fund all of the National Writing Project 
sites needed and the future of the program is in jeopardy 
without secure financial support. 
SEC. 202. NATIONAL WRITING PROJECT. 
(a) AUTHORIZATION.—The Secretary is authorized to make a grant 
to the National Writing Project (hereafter in this section referred to 
as the "grantee"), a nonprofit educational organization which has as 
its primary purpose the improvement of the quality of student 
writing and learning, and the teaching of writing as a learning 
process in the Nation's classrooms— 
(1) to support and promote the establishment of teacher train-
ing programs, including the dissemination of effective practices 
and research findings regarding the teaching of writing and 
administrative activities; 
(2) to support classroom research on effective teaching prac-
tice and to document student performance; and 
(3) to pay the Federal share of the cost of such programs. 
Contracts. 
(b) REQUIREMENTS OF GRANT.—The grant shall provide that— 
^°^P™£*. 
(1) the grantee will enter into contracts with institutions of 
"' 
" 
higher education or other nonprofit educational providers (here-
after in this section referred to as "contractors') under which 
the contractors will agree to establish, operate, and provide the 
non-Federal share of the cost of teacher training programs in 
effective approaches and processes for the teaching of writing; 
(2) funds made available by the Secretary to the grantee 
pursuant to any contract entered into under this section will be 
used to pay the Federal share of the cost of establishing and 
operating teacher training programs as provided in paragraph 
(1); and 
(3) the grantee will meet such other conditions and standards 
as the Secretary determines to be necessary to assure compli-
ance with the provisions of this section and will provide such 
technical assistance as may be necessary to carry out the provi-
sions of this section. 
(c) TEACHER TRAINING PROGRAMS.—The teacher training pro-
grams authorized in subsection (a) shall— 
(1) be conducted during the school year and during the 
summer months; 
(2) train teachers who teach grades kindergarten through 
college; 
(3) select teachers to become members of a National Writing 
Project teacher network whose members will conduct writing 
workshops for other teachers in the area served by each Na-
tional Writing Project site; and 
(4) encourage teachers from all disciplines to participate in 
such teacher training programs. 
organizations. 
PUBLIC LAW 102-62—JUNE 27, 1991 
105 STAT. 311 
(d) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in paragraph (2) or (3) 
and for purposes of subsection (a), the term "Federal share" 
means, with respect to the costs of teacher training programs 
authorized in subsection (a), 50 percent of such costs to the 
contractor. 
(2) WAIVER.—The Secretary may WEiive the provisions of para-
graph (1) on a case-by-case basis if the National Advisory Board 
described in subsection (f) determines, on the basis of financial 
need, that such waiver is necessary. 
(3) MAXIMUM.—(A) The Federal share of the costs of teacher 
training programs conducted pursuant to subsection (a) may not 
exceed $40,000 for any one contractor, or $200,000 for a state-
wide program administered by any one contractor in at least 5 
sites throughout the State. 
(B) The grantee under section 202, or any school or institution 
of higher education that receives funds under this section shall 
not spend more than 10 percent of the Federal funds it receives 
under this section for administrative costs. 
(4) SPECIAL RULE.—For the purposes of this subsection, the 
costs of teacher programs do not include the administrative 
costs, publication cost, or the cost of providing techniceil assist-
ance to the grantee. 
(e) CLASSROOM TEACHER GRANTS.— 
(1) IN GENERAL.—The National Writing Project may reserve 
an amount not to exceed 5 percent of the amount appropriated 
pursuant to the authority of this section to make grants, on a 
competitive basis, to elementary and secondary school teachers 
to enable such teachers to— 
(A) conduct classroom research; 
(B) publish models of student writing; 
(C) conduct research regarding effective practices to im-
prove the teaching of writing; and 
(D) conduct other activities to improve the teaching and 
uses of writing. 
(2) SUPPLEMENT AND NOT SUPPLANT.—Grants awarded pursu-
- ant to paragraph (1) shall be used to supplement and not 
supplant State and local funds available for the purposes set 
forth in paragraph (1). 
(3) MAXIMUM GRANT AMOUNT.—Each grant awarded pursuant 
to this subsection shall not exceed $2,000. 
(f) NATIONAL ADVISORY BOARD.— 
(1) EsTABUSHMENT.—The National Writing Project shall 
establish and operate a National Advisory Board. 
(2) COMPOSITION.—The National Advisory Board established 
pursuant to paragraph (1) shall consist of— 
(A) national educational leaders; 
(B) leaders in the field of writing; and 
(C) such other individuals as the National Writing Project 
deems necessary. 
(3) DUTIES.—The National Advisory Board established pursu-
ant to paragraph (1) shall— 
(A) advise the National Writing Project on national issues 
related to student writing and the teaching of writing; 
(B) review the activities and programs of the National 
Writing Project; and 
(C) support the continued development of the National 
Writing Project. 
105 STAT. 312 
PUBLIC LAW 102-62--JUNE 27, 1991 
(g) EVALUATION.—The Secretary shall reserve not more than 
$150,000 from the total combined amount appropriated pursuant to 
the authority of this section for fiscal years 1991, 1992, and 1993 to 
conduct an independent evaluation by grant or contract of the 
teacher training programs administered pursuant to this Act. Such 
evaluation shall specify the amount of funds expended by the Na-
tional Writing Project and each contractor receiving assistance 
under this section for administrative costs. The results of such 
evaluation shall be made available to the appropriate committees of 
the Congress. 
(h) RESEARCH AND DEVELOPMENT ACTIVITIES.— 
(1) GRANTS AUTHORIZED.—From amounts available to carry 
out the provisions of this subsection, the Secretary, through the 
Office of Educational Research and Improvement, shall make 
grants to individuals and institutions of higher education to 
conduct research activities involving the teaching of writing. 
(2) PRIORITY.—(A) In awarding grants pursuant to paragraph 
(1), the Secretary shall give priority to junior researchers. 
(B) The Secretary shall award not less than 25 percent of 
the funds received pursuant to subsection (i)(2) to junior 
researchers. 
(C) The Secretary shall make available to the National Writ-
ing Project and other national information dissemination 
networks the findings of the research conducted pursuant to the 
authority of paragraph (1). 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to he appropriated for 
the grant to the National Writing Project, $10,000,000 for fiscal 
year 1991 and such sums £is may be necessary for fiscal years 
1992 and 1993 to carry out the provisions of this section. 
(2) RESEARCH AND DEVELOPMENT.—There are authorized to be 
appropriated $500,000 for fiscal year 1991 to carry out the 
provisions of subsection (h). 
0') DEFINITIONS.—As used in this Act— 
(1) the term "institution of higher education" has the same 
meaning given such term in section 1201(a) of the Higher 
Education Act of 1965; 
(2) the term "junior researcher" means a researcher at the 
assistant professor rank or the equivalent who has not pre-
viously received a Federal research grant; and 
(3) the term "Secretary" means the Secretary of Education. 
20 use 1221-1 
TITLE III—MISCELLANEOUS 
note. 
PART A—CIVIC EDUCATION PROGRAM 
SEC. 301. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOC-
RACY IN THE UNITED STATES. 
Part F of title IV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 3151 et seq.) is amended— 
(1) by redesignating section 4608 (as added by Public Law 
20 use 3157. 
100-297) as section 4610; and 
(2) by inserting before section 4610 (as redesignated by para-
graph (1) of this section) the following: 
PUBLIC LAW 102-62—JUNE 27,1991 
105 STAT. 313 
"SEC. 4609. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOC-
RACY IN THE UNITED STATES. 
"(a) GENERAL AUTHORITY.— 
"(1) PROGRAM ESTABLISHED.—The Secretary shall carry out a 
program to educate students about the history and principles of 
the Constitution of the United States, including the Bill of 
Rights, £uid to foster civic competence and civil responsibility. 
Such prc^am shall be known as 'We the People . . . The 
Citizen and the Constitution'. 
"(2) EDUCATIONAL AcnvrnES.—The program required by para-
graph (1) shall continue and expand the educational activities of 
the National Bicentennial Competition of the Constitution and 
Bill of Rights administered by the Center for Civic Education. 
"(3) CONTRACT AUTHORIZED.—The Secretary is authorized to 
enter into a contract with the Center for Civic Education to 
carry out the program required by paragraph (1). 
"(b) PROGRAM CONTENT.—The education prc^am authorized by 
this section shall provide— 
"(1) a course of instruction on the basic principles of our 
constitutional democracy and the history of the Constitution 
and Bill of Rights; 
"(2) school and community simulated congressional hearings 
following the course of study at the request of participating 
schools; and 
"(3) an annual competition of simulated congressional hear-
ings at the congressional district. State, and national levels for 
secondary students who wish to participate in such program. 
"(c) PROGRAM PARTICIPANTS.—The education program authorized 
by this section shall be made available to public and private ele-
mentary schools in the 435 congressional districts, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
and the District of Columbia. 
"(d) SPECIAL RULE.—Funds provided under this section may be 
used for the advanced training of teachers about the Constitution 
and Bill of Rights after the provisions of subsection (b) have been 
implemented. 
(e) REPORT.—The Secretary shall report on a biennial basis, to 
the appropriate committees of the Congress on the distribution and 
use of funds authorized pursuant to the authority of subsection (f). 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $5,000,000 for the fiscal year 1991 and such sums as 
may be necessary for each of the fiscal yeEirs 1992 and 1993 to carry 
out the provisions of this section.". 
PART B—LAW-RELATED EDUCATION PROGRAM 
SEC. 311. AMENDMENT TO LAW-RELATED EDUCATION PROGRAM. 
Section 1565 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 2965) is amended— 
"(1) in subsection (a)— 
(A) by inserting "(1)" before "(a)"; and 
(B) by adding at the end the following: 
"(2) The Secretary shall give priority for grants and contracts 
under this section to agencies, organizations, and institutions de-
scribed in paragraph (1) that plan to operate statewide programs. 
20 use 3156b. 
Grants. 
Contracts. 
105 STAT. 314 
PUBLIC LAW 102-62—JUNE 27, 1991 
"(3XA) Except as provided in subparagraph (B), the Secretary 
shall award grants and enter into contracts under this section for 
periods of 2 or 3 years. 
"(B) The Secretary may award a grant or enter into a contract 
under this section for a period of less than 2 years in any case in 
which the Secretary determines that special circumstances exist."; 
and 
"(2) by adding at the end the following: 
"(d) APPUCATIONS.— 
"(1) Any agency, organization, or institution described in 
subsection (aXD that desires to receive a grant or enter into a 
contract under this section shall submit an application to the 
Secretary at such time, in such manner, and containing or 
accompanied by such information as the Secretary may reason-
ably require. 
(2) The Secretary shall convene a panel of experts for pur-
goses of reviewing applications submitted under paragraph (1). 
uch experts shall be individuals who have experience in and 
are familiar with law-related education.". 
National 
Council on 
Education 
Standards and 
Testing Act. 
20 u s e 1221-1 
note. 
TITLE IV—NATIONAL COUNCIL ON EDUCATION 
STANDARDS AND TESTING 
SEC. 401. SHORT TITLE. 
This title may be cited as the "National Council on Education 
Standards and Testing Act". 
SEC. 402. PURPOSE AND FINDINGS. 
(a PURPOSE.—The purpose of this title is to create a national 
council to provide advice on the desirability and feasibility of na-
tional 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 addi-
tional 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 partici-
pation 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 stand-
ards and testing. 
SEC. 403. ESTABLISHMENT. 
There is established a council to be known as the National Council 
on Education Standards and Testing (in this title referred to as the 
"Council"). 
SEC. 404. DUTIES. 
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— 
PUBLIC LAW 102-62—JUNE 27, 1991 
105 STAT. 315 
(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 com-
petency 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 
emplo3anent in our modern economy; and 
(2) whether, while respecting State and local control of edu-
cation, an appropriate system of voluntary national tests or 
examinations should and can be established, such £is American 
achievement tests, that will provide prompt, accurate informa-
tion to parents, educators, and policymakers on the progress 
being made toward the specific education standards by individ-
ual students, schools, school systems. States, and the Nation as 
a whole (if such standards can be established). The gOEil of any 
such system shall be to foster good teaching and learning, as 
well as to monitor performance. 
SEC. 405. REPORTS. 
(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 Coals Panel 
that contains recommendations regarding long-term policies, struc-
tures, mechanisms, and other important considerations with respect 
to the objectives described in paragraphs (1) and (2) of section 404. A 
discussion of the validity, reliability, fairness, and costs of im-
plementing 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 Groals Panel 
interim reports it considers appropriate. 
SEC. 406. MEMBERSHIP. 
(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 EJducation 
Groals 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). 
105 STAT. 316 
PUBLIC LAW 102-62—JUNE 27, 1991 
(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 Edu-
cation and Labor of the House or a designee. 
(10) The ChairmEm 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 0)uncil 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 (Douncil. 
(d) QUORUM.—17 members of the CJouncil shall constitute a 
quorum. 
(e) CocHAiRPERSONS.—The Chairperson of the National Education 
Groals 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 (Douncil 
upon the date of the enactment of this title. 
(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 (includmg travel time) during which they are engaged in 
the performance of duties vested in the C!ouncil. 
(2) EXCEPTION.—Members of the C!ouncil who are fuUtime 
officers or employees of the United States or Members of (Con-
gress shall receive no additional compensation by reason of 
their service on the (Douncil 
SEC. 407. DIRECTOR AND STAFF; EXPERT AND CONSULTANTS. 
(a) DIRECTOR.—The cochairpersons of the (Douncil shall, without 
regard to the provisions of title 5, United States (Dode 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 (Dode, governing appoint-
ments to the competitive service. The staff of the Coimcil may be 
paid without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States (Dode, relating to classifica-
tion 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 (Douncil may procure tem-
porary and intermittent services under section 3109(b) of title 5, 
United Stetes Code. 
(d) STAFF OF FEDERAL AGENCIES.—Upon the request of the (Douncil, 
the head of any department or agency of the United States is 
authorized to detail, on a reimbursable basis, any of the personnel of 
PUBLIC LAW 102-62—JUNE 27, 1991 
105 STAT. 317 
that eigency to the Council to eissist the Council in its duties under 
this title. 
SEC. 408. POWERS OF COUNCIL. 
(a) HEARINGS.—The Council may, for the purpose of this title, 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 title. 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.—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, 
regulations setting forth the criteria the Council shall use to deter-
mine 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 
Bame 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. 
SEC. 409. FEDERAL ADVISORY COMMITTEE ACT. 
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. 
SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $1,000,000 to carry out 
this title which shall remain available until expended or until the 
termination of the Council, whichever occurs first. 
105 STAT. 318 
PUBLIC LAW 102-62—JUNE 27, 1991 
SEC. 411. TERMINATION. 
The Council will cease to exist 90 days after submitting its final 
report. 
Approved June 27, 1991. 
LEGISLATIVE HISTORY—S. 64 (H.R. 2435): 
HOUSE REPORTS: Nos. 102-104 accompanying H.R. 2435 (Ck)mm. on Education and 
Labor) and 102-110 (Comm. of Conference). 
SENATE REPORTS: No. 102-26 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Apr. 17, considered and passed Senate. 
June 10, H.R. 2435 considered and passed House; S. 64, amended, passed in lieu. 
June 13, House agreed to conference report. 
June 14, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
June 27, Presidential statement.