Johnson-O'Malley Supplemental Indian Education Program Modernization Act - Amends the Johnson-O'Malley Act to direct the Secretary of the Interior to enter into contracts with tribal organizations, Indian corporations, public school districts, or states to provide educational benefits to Indian students who attend public elementary or secondary schools.
Requires contract funds to be used for:
Determines the amount of funds each contractor is to receive by: (1) determining the number of Indian students who were in average daily attendance and receiving a free public education in the public schools of the school districts served by the contractor in the preceding school year, and (2) providing the contractor a minimum amount for each of those students.
Authorizes the Secretary to give a contracting preference to a consortium of tribal organizations.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4328 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4328
To establish a program to award contracts to certain tribal
organizations, Indian corporations, public school districts, and
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Mr. Cole (for himself, Ms. McCollum, and Mr. Young of Alaska)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To establish a program to award contracts to certain tribal
organizations, Indian corporations, public school districts, and
States, 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 ``Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. JOHNSON-O'MALLEY SUPPLEMENTAL INDIAN EDUCATION PROGRAM
MODERNIZATION ACT.
The Act of April 16, 1934 (commonly known as the ``Johnson-O'Malley
Act''; 25 U.S.C. 452 et seq.), is amended by adding at the end the
following new section:
``SEC. 7. JOHNSON-O'MALLEY SUPPLEMENTAL INDIAN EDUCATION PROGRAM
MODERNIZATION ACT.
``(a) Establishment.--Notwithstanding any other provision of law,
the Secretary of the Interior, acting through the Assistant Secretary
of Indian Affairs and in conjunction with the Director of the Bureau of
Indian Education, shall establish a program to enter into contracts
with eligible entities that have or serve Indian students to provide
educational benefits to such Indian students.
``(b) Uses of Funds.--An eligible entity that enters into a
contract under subsection (a) shall use the funds available under the
contract to provide educational benefits to Indian students, by--
``(1) carrying out programs or expanding programs in
existence before the contract period that provide--
``(A) remedial instruction, counseling, and
cultural programs;
``(B) selected courses related to the academic and
professional disciplines of science, technology,
engineering, and mathematics;
``(C) important needs, such as school supplies and
items that enable recipients to participate in
curricular and extra-curricular programs; and
``(D) program activities that were available to
Indian students under contracts entered into under this
Act before October 1, 2012;
``(2) the establishment of targeted and culturally
sensitive dropout prevention activities; and
``(3) the purchase of equipment to facilitate training for
professional trade skills and intensified college preparation
programs.
``(c) Funding.--The Secretary shall transfer to the Bureau of
Indian Education the funds necessary to carry out this section.
``(d) Computation of Awards.--
``(1) Determination of total students.--Except as provided
under paragraph (2), for the purpose of computing the amount
that an eligible entity may receive under a contract entered
into under subsection (a) for any fiscal year, the Secretary
shall--
``(A) determine the number of Indian students who
were in average daily attendance in the schools of the
public school districts served by the eligible entity,
and for whom such school districts provided free public
education during the preceding school year; and
``(B) provide a minimum of $125 per Indian student
described in subparagraph (A).
``(2) Hold harmless.--In the case of an eligible entity
that has or serves eligible Indian children attending a public
school that has been afforded supplemental services under a
contract entered into under this Act on or before October 1,
1995, such eligible entity shall receive an amount under a
contract entered into under subsection (a) that is at least
equal to the amount that such eligible entity would have
received under the contract entered into under this Act on or
before October 1, 1995.
``(e) Data Use.--
``(1) In general.--For purposes of the calculation under
subsection (d)(1), the Secretary shall use data for a public
school district from not later than the fiscal year preceding
the fiscal year for which the eligible entity involved is
applying for a contract under subsection (a).
``(2) Tribal organization.--In the case of a tribal
organization that has been established by the Bureau of Indian
Affairs on or after October 1, 2012, such tribal organization,
shall, for the first year of operation of such organization, be
based on data for the public school districts served by the
organization for the fiscal year for which the organization is
applying for a contract under subsection (a).
``(f) Geographic Coverage and Enhanced Participation.--In entering
into contracts under subsection (a), the Secretary shall, to the extent
practicable, ensure full geographic coverage and the full participation
of all federally recognized tribes and school districts that have not
entered into a contract under this Act before fiscal year 2015.
``(g) Complementary Program Participants.--In entering into
contracts under subsection (a), the Secretary may give preference a
consortium of tribal organizations, to encourage as many students and
professionals as possible to benefit from the program established under
this section, including such a consortium that includes a Tribal
college or university.
``(h) Annual Report.--The Secretary shall include in the Department
of the Interior fiscal year annual budget request to Congress an annual
assessment of the program established under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section such sums
as may be necessary.
``(j) Definitions.--
``(1) Eligible entity.--The term `eligible entity' means
a--
``(A) tribal organization;
``(B) Indian Corporation;
``(C) public school district;
``(D) State; or
``(E) a consortium of tribal organizations.
``(2) ESEA terms.--The terms `elementary school',
`secondary school', and `State' have the meanings given such
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(3) Indian student.--The term `Indian student' means a
student who--
``(A) attends a public school district; and
``(B) is between age 3 and grade 12, and--
``(i) resides on or near an Indian
reservation;
``(ii) is an enrolled member, or at least
one-fourth or more degree of Indian blood
descendant, of a member of a federally
recognized Indian tribal government eligible
for service by the Bureau of Indian Affairs; or
``(iii) is an Alaska Native.
``(4) Public school district.--The term `public school
district' means a school district that--
``(A) serves public elementary schools or public
secondary schools; and
``(B) has established or will establish local
committees under section 5 of this Act or is using a
committee or Indian advisory school board described in
such section 5 to approve supplementary or operational
support programs beneficial to Indian students,
including the programs described in paragraphs (1)
through (3) of subsection (b).
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Tribal college or university.--The term `Tribal
college or university' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
``(7) Tribal organization.--The term `Tribal organization'
means any tribe, band, or community of Indians which is subject
to the laws of the United States relating to Indian affairs or
any corporation, association, or group which is organized under
any of such laws including Indian Education Consortiums and
Tribal Colleges and Universities.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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