I 111th CONGRESS 2d Session H. R. 4475 IN THE HOUSE OF REPRESENTATIVES January 20, 2010 Ms. McCollum (for herself, Mr. Bonner, Mr. Baca, Mr. Luján, Mr. Grijalva, Mr. Peterson, Mr. Chandler, Mr. Heinrich, Mr. Cole, Mr. Shuler, Mr. Kildee, Ms. Herseth Sandlin, Mr. Oberstar, Mr. Kennedy, Mr. Walz, Mr. Boren, and Mr. Pallone) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend sections 14006 and 14007 of the American Recovery and Reinvestment Act of 2009 to reserve funds under the programs established under such sections for payments to the Bureau of Indian Education of the Department of the Interior for Indian children.

1.

Findings

The Congress finds as follows: (1)The Federal Government has a unique and continuing trust relationship with, and responsibility to, Indian people for their education. (2)The American Recovery and Reinvestment Act of 2009 created the State Fiscal Stabilization Fund, which includes programs administered by the Department of Education for the purpose of advancing education reforms. (3)The Department of the Interior’s Bureau of Indian Education and tribal governments, many of which operate tribal elementary and secondary schools, tribal colleges, early childhood education programs, and tribal education departments, are ineligible to participate in the State Fiscal Stabilization Fund programs due to an oversight in the legislation.

2.

Payments for Indian children

(a)

State incentive grants

Section 14006(a) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended— (1)by redesignating paragraph (2) as paragraph (3); and (2)by inserting after paragraph (1) the following: (2)

Indian children

After reserving funds under paragraph (1), the Secretary shall reserve at least 1 percent, but not more than 5 percent, of the remaining funds to make a grant in fiscal year 2010 to the Bureau of Indian Education of the Department of the Interior to carry out activities consistent with this section for Indian children under such terms and conditions as the Secretary of Education may determine. . (b)

Innovation fund

Section 14007(a) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) is amended— (1)by redesignating paragraph (3) as paragraph (4); and (2)by inserting after paragraph (2) the following: (3)

Indian children

Of the amount available to carry out this section, the Secretary shall reserve at least 1 percent, but not more than 5 percent, for an award to the Bureau of Indian Education of the Department of the Interior to carry out activities consistent with this section for Indian children under such terms and conditions as the Secretary of Education may determine. .