[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 410 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 410

        To strengthen Indian education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2015

Mr. Udall (for himself and Mr. Heinrich) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
        To strengthen 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 ``Building upon Unique Indian Learning 
and Development Act''.

SEC. 2. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST.

    (a) In General.--The Secretary of the Interior shall--
            (1) establish an in-school facility innovation program 
        contest in which institutions of higher education, including 
        Tribal Colleges and Universities (as defined in section 316 of 
        the Higher Education Act of 1965 (20 U.S.C. 1059c)), are 
        encouraged to consider solving the problem of how to improve 
        school facilities for tribal schools and schools served by the 
        Bureau of Indian Education as part of problem-based learning in 
        their coursework and through extracurricular opportunities; and
            (2) establish an advisory group for the contest described 
        in paragraph (1) that shall include students enrolled at a 
        Tribal College or University, a representative from the Bureau 
        of Indian Education, and engineering and fiscal advisors.
    (b) Submission of Finalists to the Indian Affairs Committee.--The 
Secretary of the Interior shall submit the finalists to the Committee 
on Indian Affairs of the Senate.
    (c) Winners.--The Secretary of the Interior shall--
            (1) determine the winners of the program contest conducted 
        under this section; and
            (2) award the winners appropriate recognition and reward.

SEC. 3. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF EDUCATION JOINT 
              OVERSIGHT BOARD.

    (a) In General.--The Secretary of Education and the Secretary of 
the Interior shall jointly establish a Department of the Interior and 
Department of Education Joint Oversight Board that shall--
            (1) be co-chaired by both Departments; and
            (2) coordinate technical assistance, resource distribution, 
        and capacity building between the 2 departments on the 
        education of and for Native American students.
    (b) Information To Be Shared.--The Joint Oversight Board shall 
facilitate the communication, collaboration, and coordination between 
the Department of the Interior and the Department of Education 
regarding education policies, access to and eligibility for Federal 
resources, budget and school leadership development, and other issues, 
as appropriate.

SEC. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE 
              AMERICAN STUDENTS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at 
the end the following:

``SEC. 7123. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND 
              ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.

    ``(a) Grants Authorized.--The Secretary shall award grants to 
eligible entities to enable such entities to create or expand a teacher 
or administrator, or both, pipeline for teachers and administrators of 
Native American students.
    ``(b) Eligible Entity.--In this section, the term `eligible entity' 
means--
            ``(1) a local educational agency;
            ``(2) an institution of higher education;
            ``(3) a Tribal College or University (as defined in section 
        316 of the Higher Education Act of 1965); or
            ``(4) a nonprofit organization.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to Tribal Colleges and Universities (as 
defined in section 316 of the Higher Education Act of 1965).
    ``(d) Activities.--An eligible entity that receives a grant under 
this section shall create a program that shall prepare, recruit, and 
provide continuing education for teachers and administrators of Native 
American students, in particular for teachers of--
            ``(1) science, technology, engineering, and mathematics;
            ``(2) subjects that lead to health professions; and
            ``(3) green skills and `middle skills', including 
        electrical, welding, technology, plumbing, and green jobs.
    ``(e) Incentives for Teachers and Administrators.--An eligible 
entity that receives a grant under this section may provide incentives 
to teachers and principals who make a commitment to serve high-need, 
high-poverty, tribal schools, including in the form of scholarships, 
loan forgiveness, incentive pay, or housing allowances.
    ``(f) School and Community Orientation.--An eligible entity that 
receives a grant under this section shall develop an evidence-based, 
culturally-based school and community orientation for new teachers and 
administrators of Native American students.''.

SEC. 5. NATIVE AMERICAN STUDENT SUPPORT.

    (a) Standards-Based Assessments.--Section 1111(b)(3) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) 
is amended by adding at the end the following:
                    ``(E) Standards-based education assessments.--
                Notwithstanding any other provision of this Act, a 
                State, in consultation with Indian tribes or Tribal 
                Colleges and Universities (as defined in section 316 of 
                the Higher Education Act of 1965), shall develop 
                standards-based education assessments and classroom 
                lessons to accommodate diverse learning styles, which 
                assessments may be used by the State in place of the 
                general assessments described in subparagraph (A).''.
    (b) Support.--The Secretary of Education shall expand programs for 
Native American school children--
            (1) to provide support for learning in the children's 
        Native language and culture; and
            (2) to provide English language instruction.
    (c) Research.--The Comptroller General of the United States shall 
conduct research on culture- and language-based education to identify 
the factors that improve education and health outcomes.
    (d) Native Language Teaching.--Section 1119 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding 
at the end the following:
    ``(m) Qualifications for Native Language Teachers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the requirements of subsection (a) for local educational 
        agencies and States with respect to highly qualified teachers 
        shall not apply to a teacher of a Native language.
            ``(2) Alternative licensure or certification.--Each State 
        educational agency receiving assistance under this part shall, 
        through collaboration with Indian tribes or Tribal Colleges and 
        Universities (as defined in section 316 of the Higher Education 
        Act of 1965), as appropriate, develop a licensure or 
        certification process for teachers of a Native language.''.
    (e) Reauthorization of the Grant Program To Ensure the Survival and 
Continuing Vitality of Native American Languages.--Section 816(e) of 
the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is 
amended by striking ``2008, 2009, 2010, 2011, and 2012'' and inserting 
``2015, 2016, 2017, 2018, and 2019''.

SEC. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS 
              SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE 
              AMERICAN STUDENTS.

    (a) Reservation for Bureau-Funded Schools and Programs and Schools 
Operated by a Tribe or Tribal Organization.--
            (1) In general.--The Secretary of Education shall ensure 
        that any program administered by the Department of Education 
        that awards grants, contracts, or other assistance to benefit 
        elementary schools and secondary schools (as such terms are 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)) or prekindergarten or 
        early childhood programs, provides a reservation, as described 
        in this subsection, for 1 or more of the following categories 
        of entities, as determined appropriate by the Secretary of 
        Education for each such grant, contract, or assistance program:
                    (A) Bureau-funded schools (as defined in section 
                1141 of the Education Amendments of 1978 (25 U.S.C. 
                2021)).
                    (B) Prekindergarten programs or early childhood 
                programs or services operated by a tribe or Indian 
                organization (as defined in such section).
                    (C) Elementary schools or secondary schools 
                operated by a tribe or Indian organization (as defined 
                in such section).
            (2) Amount of reservation.--
                    (A) Existing reservation of funds.--In the case of 
                a grant, contract, or assistance program provided by 
                the Department of Education to benefit elementary 
                schools and secondary schools (as such terms are 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)) or 
                prekindergarten or early childhood programs for which 
                funds are reserved for entities described in paragraph 
                (1), or for a group that may include such entities--
                            (i) if the existing reservation of funds is 
                        for an amount that is less than 0.5 percent, 
                        the amount of such reservation shall be 
                        increased to 0.5 percent; and
                            (ii) if the existing reservation of funds 
                        is for an amount that is equal to or greater 
                        than 0.5 percent, the amount of such 
                        reservation shall be maintained.
                    (B) No existing reservation of funds.--In the case 
                of a grant, contract, or assistance program provided by 
                the Department of Education to benefit elementary 
                schools and secondary schools (as such terms are 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)) or 
                prekindergarten or early childhood programs for which 
                no funds are reserved for the entities described in 
                paragraph (1), the Secretary of Education shall reserve 
                0.5 percent of such funds for such entities, as 
                determined by the Secretary of Education in accordance 
                with paragraph (1).
            (3) Use of reserved funds.--Funds reserved under this 
        section shall be used in accordance with the uses of funds 
        described for each particular grant, contract, or assistance 
        program. In addition to program support, such reserved funds 
        may be used, in an amount determined by the Secretary of 
        Education, for technical assistance or capacity building to 
        ensure that the schools or programs described in paragraph (1) 
        are provided the assistance to compete for such grants, 
        contracts, or other assistance.
            (4) Effect on other laws.--The Secretary of Education shall 
        carry out this subsection notwithstanding any other provision 
        of law.
    (b) Safe and Healthy Schools for Native American Students.--Subpart 
2 of part A of title IV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.

    ``From funds made available to carry out this subpart, the 
Secretary shall--
            ``(1) establish a program to improve school environments 
        and student skill development for healthy choices for Native 
        American students, including--
                    ``(A) prevention regarding--
                            ``(i) alcohol and drug misuse;
                            ``(ii) suicide;
                            ``(iii) violence;
                            ``(iv) pregnancy; and
                            ``(v) obesity;
                    ``(B) nutritious eating programs; and
                    ``(C) anger and conflict management programs;
            ``(2) establish a program for school dropout prevention for 
        Native American students; and
            ``(3) collaborate with the Secretary of Agriculture to 
        establish tribal-school specific school gardens and nutrition 
        programs that are within the tribal cultural context.''.

SEC. 7. FUNDS FOR IMPACT AID.

    In addition to amounts otherwise appropriated to carry out title 
VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7701 et seq.), there are authorized to be appropriated, and there are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to carry out such title VIII the following:
            (1) $750,000,000 for fiscal year 2016.
            (2) $750,000,000 for fiscal year 2017.
            (3) $750,000,000 for fiscal year 2018.

SEC. 8. FORWARD FUNDING FOR TRIBAL COLLEGES.

    For carrying out the following programs, there are authorized to be 
appropriated $31,500,000 for fiscal year 2016 which shall become 
available on July 1, 2016, and shall remain available through September 
30, 2017:
            (1) Programs under title V of the Tribally Controlled 
        Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
        1861 et seq.).
            (2) The Institute of American Indian and Alaska Native 
        Culture and Arts Development established under the American 
        Indian, Alaska Native, and Native Hawaiian Culture and Art 
        Development Act (20 U.S.C. 4401 et seq.).
            (3) Institutional operations grants for the Haskell Indian 
        Nations University and Southwestern Indian Polytechnic 
        Institute under the authority of the Act of November 2, 1921 
        (25 U.S.C. 13), popularly known as the Snyder Act.
            (4) Scholarships and adult education and special higher 
        education scholarships under the authority of the Act of 
        November 2, 1921 (25 U.S.C. 13), popularly known as the Snyder 
        Act.

SEC. 9. DEFINITION OF TRIBAL SCHOOL.

    (a) ESEA Definition.--Section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end 
the following:
            ``(44) Tribal school.--The term `tribal school' means--
                    ``(A) a school that is a Bureau-funded school, as 
                defined in section 1141 of the Education Amendments of 
                1978 (25 U.S.C. 2021);
                    ``(B) a prekindergarten program, early childhood 
                program or service, or elementary school or secondary 
                school, operated by an Indian tribe or tribal 
                organization (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b));
                    ``(C) a school that is located on Indian lands (as 
                defined in section 8013); or
                    ``(D) a school in which a predominance of the 
                students who attend the school are Native American or 
                Alaska Native students, as determined by the 
                Secretary.''.
    (b) Definition for This Act.--In this Act, the term ``tribal 
school'' has the meaning given the term in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) (as 
amended by subsection (a)).
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