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

<DOC>





                                                       Calendar No. 684
114th CONGRESS
  2d Session
                                S. 2580

                          [Report No. 114-380]

      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

                           November 17, 2016

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Reforming American Indian 
Standards of Education Act of 2016'' or the ``RAISE Act of 
2016''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. ESTABLISHMENT.</DELETED>

<DELETED>    (a) In General.--There is established within the 
Department an independent agency to be known as the ``Indian Education 
Agency''.</DELETED>
<DELETED>    (b) Director.--</DELETED>
        <DELETED>    (1) In general.--The head of the Agency shall be 
        the Director of Indian Education.</DELETED>
        <DELETED>    (2) Appointment.--The Director shall be appointed 
        by the President by and with the advice and consent of the 
        Senate.</DELETED>
        <DELETED>    (3) Period of appointment.--The Director shall 
        be--</DELETED>
                <DELETED>    (A) appointed for a term of 6 years; 
                and</DELETED>
                <DELETED>    (B) eligible for reappointment for an 
                unlimited number of terms.</DELETED>
        <DELETED>    (4) Removal.--The Director may be removed by the 
        President before the expiration of the term of the Director 
        only for cause.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Assistant Directors.--</DELETED>
        <DELETED>    (1) Assistant director of education curriculum.--
        </DELETED>
                <DELETED>    (A) In general.--There shall be in the 
                Agency an Assistant Director of Education Curriculum, 
                who shall be appointed by the Director.</DELETED>
                <DELETED>    (B) Duties.--The Assistant Director shall 
                be responsible for the functions of the Agency--
                </DELETED>
                        <DELETED>    (i) relating to education 
                        curriculum; and</DELETED>
                        <DELETED>    (ii) that the Director may 
                        delegate to the Assistant Director.</DELETED>
        <DELETED>    (2) Assistant director of facilities management.--
        </DELETED>
                <DELETED>    (A) In general.--There shall be in the 
                Agency an Assistant Director of Facilities Management, 
                who shall be appointed by the Director.</DELETED>
                <DELETED>    (B) Duties.--The Assistant Director shall 
                be responsible for the functions of the Agency--
                </DELETED>
                        <DELETED>    (i) relating to facilities 
                        management; and</DELETED>
                        <DELETED>    (ii) that the Director may 
                        delegate to the Assistant Director.</DELETED>

<DELETED>SEC. 4. TERMINATION OF BUREAU OF INDIAN EDUCATION; TRANSFER OF 
              FUNCTIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Transfer of Functions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. REPORTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the activities of the Agency;</DELETED>
        <DELETED>    (2) an assessment of the effectiveness of this 
        Act; and</DELETED>
        <DELETED>    (3) recommendations for legislation to improve the 
        functioning of the Agency.</DELETED>
<DELETED>    (b) Submission.--The Director shall submit each report 
described in subsection (a) to--</DELETED>
        <DELETED>    (1) the Committee on Indian Affairs of the 
        Senate;</DELETED>
        <DELETED>    (2) the Committee on Natural Resources of the 
        House of Representatives; and</DELETED>
        <DELETED>    (3) the Committee on Education and the Workforce 
        of the House of Representatives.</DELETED>

<DELETED>SEC. 6. REGULATIONS.</DELETED>

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

<DELETED>SEC. 7. PERSONNEL.</DELETED>

<DELETED>    (a) Compensation of Director and Assistant Directors.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Staff.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Preference.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Civil Service Laws.--All personnel of the Agency other 
than the Director shall be covered by the civil service laws.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

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 for Schools and Academic 
                Programs described in section 3(d)(1); or
                    (B) the Assistant Director of School Operations 
                described in section 3(d)(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(c)(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) Purposes and Activities.--In carrying out the Agency, the 
Secretary shall--
            (1) provide to eligible Indian students an education of 
        high quality; and
            (2) carry out education programs designed to meet the needs 
        of eligible Indian students, including the needs of Indian 
        students--
                    (A) with disabilities;
                    (B) in need of compensatory education;
                    (C) with an interest in vocational education;
                    (D) in need of gifted and talented education;
                    (E) with limited English-speaking ability; and
                    (F) with an interest in Native language and culture 
                education.
    (c) 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.
            (6) Functions.--The Director shall--
                    (A) consult with Indian tribes for the provision of 
                an education of high quality, consistent with--
                            (i) the unique and continuing trust 
                        relationship between the Federal Government and 
                        the Indian tribes; and
                            (ii) the responsibility of the Federal 
                        Government for the education of Indian 
                        children;
                    (B) consult with the Secretary of Education on the 
                educational programs and practices of the Agency; and
                    (C) prepare each fiscal year a unified budget for 
                inclusion in the budget of the Department for that 
                fiscal year, which shall include necessary funds for 
                Agency-funded schools for construction and operation 
                and maintenance of facilities that are safe, healthy, 
                in good condition, meet capacity requirements, and are 
                conducive for an education of high quality.
    (d) Assistant Directors.--
            (1) Assistant director for schools and academic programs.--
                    (A) In general.--There shall be in the Agency an 
                Assistant for Schools and Academic Programs, who shall 
                be appointed by the Director.
                    (B) Duties.--The Assistant Director shall be 
                responsible for the functions of the Agency--
                            (i) relating to school and student 
                        performance, curriculum, instruction, and 
                        assessment; and
                            (ii) that the Director may delegate to the 
                        Assistant Director.
            (2) Assistant director of school operations.--
                    (A) In general.--There shall be in the Agency an 
                Assistant Director of School Operations, who shall be 
                appointed by the Director.
                    (B) Duties.--The Assistant Director shall--
                            (i) be responsible for the school 
                        operations functions of the Agency--
                                    (I) relating to facilities 
                                management;
                                    (II) relating to other school 
                                operations functions that support an 
                                education of high quality, including--
                                            (aa) communications;
                                            (bb) human resources;
                                            (cc) acquisitions and 
                                        grants administration;
                                            (dd) budget and finance;
                                            (ee) educational 
                                        technology; and
                                            (ff) school facilities, 
                                        school safety, and school 
                                        property; and
                                    (III) that the Director may 
                                delegate to the Assistant Director; and
                            (ii) appoint a specific employee to oversee 
                        the facilities management functions described 
                        in clause (i)(I).
    (e) Memorandum of Understanding.--The Assistant Secretary for 
Indian Affairs and the Director shall enter into a memorandum of 
understanding under which the Assistant Secretary for Indian Affairs 
shall provide to the Director necessary technical assistance for the 
implementation of this Act.

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. BUDGET REQUESTS FOR SCHOOL CONSTRUCTION FUNDS.

    The President shall include in the budget of the President 
submitted each fiscal year a separate request for funds for the 
construction of schools by the Agency.

SEC. 6. USE OF SCHOOL CONSTRUCTION FUNDS.

    In making funds available for the construction of schools, the 
Director shall give priority consideration to those schools having the 
most serious capacity or facility-condition deficiencies to ensure that 
Indian children do not attend school in buildings that are--
            (1) dilapidated or deteriorating; or
            (2) unable to provide an education of high quality.

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(d) 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. 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 Workforce of the House 
        of Representatives.

SEC. 9. 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. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Director to carry out 
this Act $983,000,000 for fiscal year 2017 and each fiscal year 
thereafter, of which $130,000,000 shall be used for school 
construction.
                                                       Calendar No. 684

114th CONGRESS

  2d Session

                                S. 2580

                          [Report No. 114-380]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 17, 2016

                       Reported with an amendment