[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2842 Introduced in Senate (IS)]

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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.''.
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