text: SECTION 1. NATIONAL TESTS.
  
      (a) OERI Annual Spending Plan.--Notwithstanding any other provision 
  of law, the Assistant Secretary for Educational Research and 
  Improvement shall submit to the Committee on Appropriations of the 
  Senate a spending plan for activities funded through the Office of 
  Educational Research and Improvement for each fiscal year, prior to the 
  obligation of any funds for the fiscal year.
      (b) Exclusive Authority.--Notwithstanding any other provision of 
  law, the National Assessment Governing Board established under section 
  412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) 
  (hereafter in this section referred to as the ``Board'') shall 
  hereafter have exclusive authority over all policies, direction, and 
  guidelines for establishing and implementing voluntary national tests 
  for 4th grade English reading and 8th grade mathematics.
      (c) Availability.--The tests described in subsection (b) shall be 
  made available to a State, local educational agency, or private or 
  parochial school, upon the request of the State, agency, or school, and 
  the use of the tests shall not be a condition for receiving any Federal 
  funds.
      (d) Contract.--
              (1) In general.--Within 90 days after the date of enactment 
          of this Act, the Board shall review the national test 
          development contract in effect on the date of enactment of this 
          Act, and modify the contract as the Board determines necessary. 
          If the contract cannot be modified to the extent determined 
          necessary by the Board, the contract shall be terminated and 
          the Board shall negotiate a new contract, under the Board's 
          exclusive control, for the tests.
              (2) Board duties.--In exercising the Board's 
          responsibilities under paragraph (1) regarding the national 
          tests, and notwithstanding any action undertaken by the 
          Department of Education or a person contracting with or 
          providing services for the Department regarding the planning, 
          or the development of specifications, for the tests, the Board 
          shall--
                      (A) ensure that the content and standards for the 
                  tests are the same as the content and standards for the 
                  National Assessment;
                      (B) exercise exclusive authority over any expert 
                  panel or advisory committee that will be or is 
                  established with respect to the tests;
                      (C) ensure that the tests are linked to the 
                  National Assessment to the maximum degree possible ;
                      (D) develop test objectives, test specifications, 
                  and test methodology;
                      (E) develop policies for test administration, 
                  including guidelines for inclusion of, and 
                  accommodations for, students with disabilities and 
                  students with limited English proficiency;
                      (F) develop policies for reporting test results, 
                  including the use of standards or performance levels, 
                  and for test use;
                      (G) have final authority over the appropriateness 
                  of all test items;
                      (H) ensure that all items selected for use on the 
                  tests are free from racial, cultural, or gender bias; 
                  and
                      (I) take such actions and make such policies as the 
                  Board determines necessary.
      (e) Consent Required.--No State or local educational agency may 
  require any private or parochial school student, or home-schooled 
  individual, to take any test developed under this Act without the 
  written consent of the student or individual.
      (f) NAGB Amendments.--Section 412 of the National Education 
  Statistics Act of 1994 (20 U.S.C. 9011) is amended--
              (1) in subsection (b)(1)--
                      (A) by amending subparagraph (A) to read as 
                  follows:
                      ``(A) three Governors, or former Governors, of whom 
                  not more than 1 shall be a member of the same political 
                  party as the President;'';
                      (B) by amending subparagraph (B) to read as 
                  follows:
                      ``(B) two State legislators, of whom not more than 
                  1 shall be a member of the same political party as the 
                  President;'';
                      (C) in subparagraph (H), by striking ``one 
                  representative'' and inserting ``three 
                  representatives'';
                      (D) by amending subparagraph (I) to read as 
                  follows:
                      ``(I) two mayors, of whom not more than 1 shall be 
                  a member of the same political party as the 
                  President;'';
                      (E) by striking subparagraph (J); and
                      (F) by redesignating subparagraphs (K), (L), and 
                  (M) as subparagraphs (J), (K), and (L), respectively;
              (2) in subsection (c)--
                      (A) in paragraph (1), by striking ``and may not 
                  exceed a period of 3'' and inserting ``and shall be for 
                  periods of 4''; and
                      (B) in paragraph (2), by inserting ``consecutive'' 
                  after ``two'';
              (3) by amending subsection (d) to read as follows:
      ``(d) Vacancies.--As vacancies on the Board occur, new members of 
  the Board shall be appointed by the Secretary from among individuals 
  who are nominated by the Board after consultation with representatives 
  of the individuals described in subsection (b)(1). For each vacancy, 
  the Board shall nominate at least 3 individuals who are qualified by 
  experience or training to fill the particular Board vacancy.''; and
              (4) in subsection (e) by adding at the end the following:
              ``(7) Independence.--In the exercise of its functions, 
          powers, and duties, the Board shall be independent of the 
          Secretary and the other offices and officers of the Department. 
          The Secretary shall, by written delegation of authority, 
          authorize the Board to award grants and contracts, and 
          otherwise operate, to the maximum extent practicable, 
          independent of the Department.''.
      (g) Appointments.--Not later than 30 days after the date of 
  enactment of this Act, the Secretary of Education, in consultation with 
  the Speaker and Minority Leader of the House of Representatives, and 
  the Majority Leader and Minority Leader of the Senate, shall appoint 
  individuals to fill vacancies on the National Assessment Governing 
  Board caused by the expiration of the terms of members of the Board, or 
  the creation of new membership positions on the Board pursuant to 
  amendments made by this Act.
target: Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. 
  Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. 
  Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. 
  Prohibits making the use of such tests a condition for receiving any Federal funds. 
  Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. 
  Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. 
  Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. 
  Amends the National Education Statistics Act of 1994 to:  (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. 
  Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.
feat_title: A bill to establish requirements regarding national tests in reading and mathematics.