Johnson-O'Malley Supplemental Indian Education Program Modernization Act
This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either an Indian tribe, a tribal organization, an Indian corporation, a school district, a state, or a consortium of any of these entities.
An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities; (2) establish targeted, culturally sensitive, dropout prevention activities; and (3) purchase equipment to facilitate training in trade skills and college preparation.
In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity.
With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2842 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2842
To amend and reform the Johnson-O'Malley Act to award contracts to
certain tribal organizations, Indian corporations, school districts,
States, and consortia of tribal organizations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 21, 2016
Ms. Heitkamp (for herself, Mr. Lankford, and Mr. Daines) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
_______________________________________________________________________
A BILL
To amend and reform the Johnson-O'Malley Act to award contracts to
certain tribal organizations, Indian corporations, school districts,
States, and consortia of tribal organizations, 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. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION.
The Act of April 16, 1934 (25 U.S.C. 452 et seq.) (commonly known
as the ``Johnson-O'Malley Act''), is amended by adding at the end the
following:
``SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION.
``(a) Definitions.--In this section:
``(1) Elementary school.--The term `elementary school' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965.
``(2) Eligible entity.--The term `eligible entity' means an
entity that educates or serves Indian students and is--
``(A) an Indian tribe;
``(B) a tribal organization;
``(C) an Indian corporation;
``(D) a school district;
``(E) a State; or
``(F) a consortium of any of the entities described
in subparagraphs (A) through (E).
``(3) Eligible indian student.--The term `eligible Indian
student' means an individual that--
``(A) attends a public school that is not operated
by the Bureau of Indian Education;
``(B) is not younger than 3 years of age;
``(C) is not in a grade higher than 12th grade; and
``(D) is an Indian (as defined in section 6151 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7491)).
``(4) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) Secondary school.--The term `secondary school' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Assistant Secretary for
Indian Affairs.
``(7) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(b) Establishment.--The Secretary, in coordination with the
Director of the Bureau of Indian Education, shall establish a program
to enter into contracts and to monitor and review contractual
obligations with eligible entities to provide educational benefits to
eligible Indian students.
``(c) Uses of Funds.--An eligible entity that enters into a
contract under subsection (b) shall use the funds available under the
contract for the educational benefit of eligible Indian students--
``(1) to establish and carry out programs, or to expand and
carry out programs in existence before the period of time
covered by the contract, to provide--
``(A) remedial instruction, counseling, and
cultural programs;
``(B) courses related to science, technology,
engineering, and mathematics;
``(C) school supplies and other items that enable
students to participate in curricular and extra-
curricular programs; or
``(D) activities that were available to Indian
students under contracts entered into under this Act
before October 1, 2012;
``(2) to establish targeted, culturally sensitive, dropout
prevention activities; and
``(3) to purchase equipment to facilitate--
``(A) training for professional trade skills; and
``(B) intensified college preparation programs.
``(d) Computation of Awards.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall base the amount that an eligible entity
receives under a contract entered into under subsection (b) for
any fiscal year on the number of eligible Indian students of
the eligible entity, as determined by the Secretary under
paragraph (2).
``(2) Determination of number of eligible indian
students.--
``(A) In general.--The Secretary shall determine
the number of eligible Indian students of an eligible
entity in accordance with this paragraph.
``(B) Initial determination.--Not later than 1 year
after the date of enactment of this section, the
Secretary shall publish a report describing the number
of potentially eligible Indian students of each
eligible entity, using data described in subparagraph
(D) from, as determined by the Secretary in
consultation with Indian tribes, after cross-
verification of the data, the most applicable,
accurate, and current of--
``(i) the Bureau of the Census;
``(ii) the National Center for Education
Statistics; or
``(iii) the Office of Indian Education of
the Department of Education.
``(C) Reconciliation.--
``(i) In general.--After publishing the
report under subparagraph (B), the Secretary,
in coordination with the Director of the Bureau
of Indian Education, shall consult with the
entities described in clause (ii)--
``(I) to establish a process to
reconcile the data described in the
report published under subparagraph (B)
with--
``(aa) data described in
subparagraph (D) of entities
party to a contract under
subsection (b); and
``(bb) tribal enrollment
information; and
``(II) to determine an accurate
number of eligible Indian students of
each eligible entity.
``(ii) Entities described.--The entities
described in this clause are--
``(I) entities party to a contract
under subsection (b); and
``(II) eligible entities that may
potentially enter into contracts under
subsection (b) with a significant
number of eligible Indian students but
that have not previously entered into a
contract under this Act.
``(D) Data use.--
``(i) In general.--Subject to clause (ii),
the Secretary shall use data from not earlier
than the fiscal year preceding the fiscal year
for which an eligible entity is applying for a
contract under subsection (b) to determine the
number of eligible Indian students.
``(ii) New contractors.--To determine the
number of eligible Indian students of an entity
party to a contract under subsection (b) that
the Secretary recognized as an eligible entity
during or after fiscal year 2012, the Secretary
shall, for the first year of the period of time
covered by the contract, use data of the school
districts served by the entity for the fiscal
year for which the entity is applying for a
contract under subsection (b).
``(3) Hold harmless.--An eligible entity that educates or
serves eligible Indian students attending a public school that
has been afforded supplemental services under a contract under
this Act that took effect during or before fiscal year 1995
shall receive an amount under a contract entered into under
subsection (b) equal to or greater than the amount that the
eligible entity would have received under the contract entered
into under this Act during or before fiscal year 1995--
``(A) for a period of time ending not sooner than 2
years after the date of enactment of this section; or
``(B) if funds made available under a contract
entered into under subsection (b) have not increased
during the period beginning on the date of entrance
into the contract and ending on the date that is 2
years after the date of enactment of this section,
until funds made available under the contract increase.
``(4) Funding reform.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall submit to Congress recommendations for
legislation to provide resources to restore the amount
of funds available through contracts under this Act per
Indian student to the amount of funds available through
contracts under this Act per Indian student during
fiscal year 1995.
``(B) Exclusions.--Recommendations described in
subparagraph (A) shall not include recommendations
relating to the reallocation of funds made available to
carry out contracts under this Act--
``(i) by the Director of the Bureau of
Indian Education; or
``(ii) under title VI of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7401
et seq.).
``(e) Additional Considerations.--
``(1) Geographic coverage and enhanced participation.--In
entering into contracts under subsection (b), the Secretary
shall, to the maximum extent practicable, ensure--
``(A) full geographic coverage; and
``(B) the full participation of eligible entities.
``(2) Increased participation of eligible entities.--To the
maximum extent practicable, the Secretary shall--
``(A) contact and consult with Indian tribes and
school districts with significant populations of
eligible Indian students that have not previously
contracted under this Act; and
``(B) determine the interest in and eligibility for
administering services under this Act of the Indian
tribes and school districts described in subparagraph
(A).
``(3) Complementary program participants.--In entering into
contracts under subsection (b), the Secretary may give
preference to a consortium of tribal organizations, including a
consortium of tribal organizations that includes a Tribal
College or University (as defined in section 316(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b))), to
encourage as many students and professionals as possible to
benefit from the program established under subsection (b).
``(f) Annual Report.--
``(1) In general.--The Secretary shall prepare an annual
assessment of the program established under subsection (b)--
``(A) to be included in the budget request of the
Department of the Interior for each fiscal year; and
``(B) to submit to--
``(i) the Committee on Indian Affairs of
the Senate;
``(ii) the Subcommittee on Interior,
Environment, and Related Agencies of the
Committee on Appropriations of the Senate;
``(iii) the Committee on Natural Resources
of the House of Representatives; and
``(iv) the Subcommittee on Interior,
Environment, and Related Agencies of the
Committee on Appropriations of the House of
Representatives.
``(2) Manner of preparation.--The Secretary shall prepare
the report under paragraph (1) in a manner to prevent or
minimize new administrative burdens on recipients of funds
under this section, including on activities or services
provided by recipients of funds under this section.
``(g) Student Privacy.--The Secretary shall ensure that data is
collected and each report is prepared under this section in a manner
that protects the rights of eligible Indian students under section 444
of the General Education Provisions Act (20 U.S.C. 1232g).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 114-537.
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