[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2580 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2580

      To establish the Indian Education Agency to streamline the 
      administration of Indian education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2016

 Mr. Barrasso introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
      To establish the Indian Education Agency to streamline the 
      administration of Indian education, 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 ``Reforming American Indian Standards 
of Education Act of 2016'' or the ``RAISE Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``Agency'' means the Indian Education 
        Agency established by section 3(a).
            (2) Assistant director.--The term ``Assistant Director'' 
        means, as applicable--
                    (A) the Assistant Director of Education Curriculum 
                described in section 3(c)(1); or
                    (B) the Assistant Director of Facilities Management 
                described in section 3(c)(2).
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Director.--The term ``Director'' means the Director of 
        Indian Education described in section 3(b)(1).
            (5) 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).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. ESTABLISHMENT.

    (a) In General.--There is established within the Department an 
independent agency to be known as the ``Indian Education Agency''.
    (b) Director.--
            (1) In general.--The head of the Agency shall be the 
        Director of Indian Education.
            (2) Appointment.--The Director shall be appointed by the 
        President by and with the advice and consent of the Senate.
            (3) Period of appointment.--The Director shall be--
                    (A) appointed for a term of 6 years; and
                    (B) eligible for reappointment for an unlimited 
                number of terms.
            (4) Removal.--The Director may be removed by the President 
        before the expiration of the term of the Director only for 
        cause.
            (5) Vacancies.--Any vacancy in the position of Director 
        shall not affect the functions or authorities of the Agency, 
        but shall be filled in the same manner as the original 
        appointment.
    (c) Assistant Directors.--
            (1) Assistant director of education curriculum.--
                    (A) In general.--There shall be in the Agency an 
                Assistant Director of Education Curriculum, who shall 
                be appointed by the Director.
                    (B) Duties.--The Assistant Director shall be 
                responsible for the functions of the Agency--
                            (i) relating to education curriculum; and
                            (ii) that the Director may delegate to the 
                        Assistant Director.
            (2) Assistant director of facilities management.--
                    (A) In general.--There shall be in the Agency an 
                Assistant Director of Facilities Management, who shall 
                be appointed by the Director.
                    (B) Duties.--The Assistant Director shall be 
                responsible for the functions of the Agency--
                            (i) relating to facilities management; and
                            (ii) that the Director may delegate to the 
                        Assistant Director.

SEC. 4. TERMINATION OF BUREAU OF INDIAN EDUCATION; TRANSFER OF 
              FUNCTIONS.

    (a) Termination of Bureau of Indian Education.--Effective beginning 
on the date of enactment of this Act, the Bureau of Indian Education 
(including any predecessor office described in Federal law) is 
terminated.
    (b) Transfer of Functions.--
            (1) In general.--Any function or authority relating to 
        Indian education that, as of the day before the date of 
        enactment of this Act, was performed or carried out by the 
        Secretary or any bureau, office, or other unit of the 
        Department is transferred to the Director.
            (2) References.--Any reference in any other Federal law to 
        the Secretary, the Department, or any bureau, office, or other 
        unit of the Department with respect to the functions or 
        authorities transferred under paragraph (1) is deemed to refer 
        to the Director or the Agency, as appropriate.

SEC. 5. REPORTS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, and annually thereafter, the Director, in 
consultation with affected Indian tribes, shall prepare a report 
describing the implementation of this Act, including--
            (1) the activities of the Agency;
            (2) an assessment of the effectiveness of this Act; and
            (3) recommendations for legislation to improve the 
        functioning of the Agency.
    (b) Submission.--The Director shall submit each report described in 
subsection (a) to--
            (1) the Committee on Indian Affairs of the Senate;
            (2) the Committee on Natural Resources of the House of 
        Representatives; and
            (3) the Committee on Education and the Workforce of the 
        House of Representatives.

SEC. 6. REGULATIONS.

    (a) In General.--The Director shall promulgate such regulations as 
the Director determines are appropriate to perform the functions of the 
Director.
    (b) Autonomy.--No regulation promulgated pursuant to subsection (a) 
shall be subject to approval or review by the Secretary.

SEC. 7. PERSONNEL.

    (a) Compensation of Director and Assistant Directors.--
            (1) Director.--The Director shall be compensated at a rate 
        equal to that of level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
            (2) Assistant directors.--Each Assistant Director shall be 
        compensated at a rate equal to that of level V of the Executive 
        Schedule under section 5316 of title 5, United States Code.
            (3) Travel expenses.--The Director and each Assistant 
        Director shall be allowed travel expenses, including per diem 
        in lieu of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of their duties.
    (b) Staff.--
            (1) Transfer of personnel.--Effective beginning on the date 
        of enactment of this Act, the personnel employed in connection 
        with the functions or authorities transferred under section 
        4(b)(1) are transferred to the Director.
            (2) Additional personnel.--The Director may, without regard 
        to the civil service laws, appoint and terminate such 
        additional personnel as may be necessary to enable the Director 
        to perform the functions of the Director.
            (3) Compensation.--The Director may fix the compensation of 
        the personnel of the Agency other than the Director or the 
        Assistant Directors without regard to chapter 51 and subchapter 
        III of chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for the other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of that title.
    (c) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Agency without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Director may procure temporary and intermittent services under section 
3109(b) of title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
that title.
    (e) Preference.--
            (1) In general.--In the selection of each individual to be 
        employed by the Director pursuant to section 3(c) and 
        subsections (b)(2), (c), and (d) of this section, the Director 
        shall give preference to members of Indian tribes.
            (2) Applicability.--The preference described in paragraph 
        (1) shall apply only to initial hiring, and shall not apply to 
        promotion, lateral transfer, reassignment, reductions in force, 
        or any other employment practice.
    (f) Civil Service Laws.--All personnel of the Agency other than the 
Director shall be covered by the civil service laws.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director such sums 
as are necessary to carry out this Act.
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