II 111th CONGRESS 2d Session S. 3277 IN THE SENATE OF THE UNITED STATES April 28, 2010 Mr. Udall of New Mexico introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the American Recovery and Reinvestment Act of 2009 to reserve funds under the programs for payments to the Bureau of Indian Education of the Department of the Interior for Indian children.

1.

Findings

Congress finds that— (1)the Federal Government has a unique and continuing trust relationship with, and responsibility to, Indians for the education of Indians; (2)title XIV of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 279) established the State Fiscal Stabilization Fund, which includes programs administered by the Department of Education for the purpose of advancing education reform; and (3)the Bureau of Indian Education of the Department of the Interior and tribal governments, many of which operate tribal elementary and secondary schools, tribal colleges and universities, early childhood education programs, and tribal education departments, are ineligible to participate in the State Fiscal Stabilization Fund programs due to an oversight in that Act (Public Law 111–5; 123 Stat. 115).

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; 123 Stat. 283) 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) for fiscal year 2010 and for each subsequent fiscal year for which funds are made available, the Secretary shall reserve at least 1 percent, but not more than 5 percent, of the unobligated balance of the funds reserved under section 14001(c) to make a grant during fiscal year 2010 or the subsequent fiscal year 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 determines to be appropriate. . (b)

Innovation fund

Section 14007(a) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 284) 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 for fiscal year 2010 and for each subsequent fiscal year for which funds are made available, the Secretary shall reserve, from the unobligated balance of that amount, at least 1 percent, but not more than 5 percent, to make a grant 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 determines to be appropriate. .