[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 943 Reported in Senate (RS)]
<DOC>
Calendar No. 295
115th CONGRESS
2d Session
S. 943
[Report No. 115-201]
To direct the Secretary of the Interior to conduct an accurate
comprehensive student count for the purposes of calculating formula
allocations for programs under the Johnson-O'Malley Act, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2017
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
January 24, 2018
Reported by Mr. Hoeven, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to conduct an accurate
comprehensive student count for the purposes of calculating formula
allocations for programs under the Johnson-O'Malley Act, 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 ``Johnson-O'Malley
Supplemental Indian Education Program Modernization Act''.</DELETED>
<DELETED>SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT
UPDATE.</DELETED>
<DELETED> The Act of April 16, 1934 (25 U.S.C. 5342 et seq.)
(commonly referred to as the Johnson-O'Malley Act), is amended by
adding at the end the following:</DELETED>
<DELETED>``SEC. 7. COMPUTATION OF STUDENT COUNT.</DELETED>
<DELETED> ``(a) Definitions.--For the purposes of this Act, the
following definitions apply:</DELETED>
<DELETED> ``(1) Contracting party.--The term `contracting
party' means an entity that has a contract through a program
authorized under this Act.</DELETED>
<DELETED> ``(2) Existing contracting party.--The term
`existing contracting party' means a contracting party that has
a contract under this Act that is in effect on the date of
enactment of the JOM Modernization Act.</DELETED>
<DELETED> ``(3) JOM modernization act.--The term `JOM
Modernization Act' means the Johnson-O'Malley Supplemental
Indian Education Program Modernization Act.</DELETED>
<DELETED> ``(4) New applicant.--The term `new applicant'
means an entity that applies to participate in a contract under
this Act after the date of enactment of the JOM Modernization
Act but not later than 240 days after such date of
enactment.</DELETED>
<DELETED> ``(5) New contracting party.--The term `new
contracting party' means an entity that enters into a contract
under this Act after the date of enactment of the JOM
Modernization Act.</DELETED>
<DELETED> ``(6) Secretary.--The term `Secretary' means the
Secretary of the Interior.</DELETED>
<DELETED> ``(b) In General.--Except as provided in subsection (f)
and pursuant to subsection (g), the Secretary shall determine the
amount that a contracting party receives under such contract for any
fiscal year in accordance with--</DELETED>
<DELETED> ``(1) the distribution formula described in
section 273.31 of title 25, Code of Federal Regulations (as in
effect on the day before the date of enactment of the JOM
Modernization Act) and future iterations of the formula as
determined by the Bureau of Indian Education in consultation
with Indian tribes and contracting parties; and</DELETED>
<DELETED> ``(2) the number of eligible Indian students
served or potentially served by the contracting party, as
determined by the Secretary in accordance with subsection
(c).</DELETED>
<DELETED> ``(c) Determination of the Number of Eligible Indian
Students.--</DELETED>
<DELETED> ``(1) Initial determinations for existing
contracting parties.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
make an initial determination of the number of eligible
Indian students served by each existing contracting
party in accordance with subparagraph (B).</DELETED>
<DELETED> ``(B) Process for making the initial
determination.--</DELETED>
<DELETED> ``(i) Preliminary report.--Not
later than 180 days after the date of enactment
of the JOM Modernization Act, the Secretary
shall publish a preliminary report describing
the number of eligible Indian students served
by each existing contracting party, using the
most applicable and accurate data (as
determined by the Secretary in consultation
with existing contracting parties) from the
fiscal year preceding the fiscal year for which
the initial determination is to be made from--
</DELETED>
<DELETED> ``(I) the Bureau of the
Census;</DELETED>
<DELETED> ``(II) the National Center
for Education Statistics; or</DELETED>
<DELETED> ``(III) the Office of
Indian Education of the Department of
Education.</DELETED>
<DELETED> ``(ii) Data evaluation.--
</DELETED>
<DELETED> ``(I) In general.--After
publishing the preliminary report under
clause (i), the Secretary shall
evaluate the accuracy of the findings
contained in such report.</DELETED>
<DELETED> ``(II) Consultation.--To
inform the evaluation described in
subclause (I), the Secretary shall
establish a 60-day comment period to
gain feedback about the preliminary
report from existing contracting
parties.</DELETED>
<DELETED> ``(III) Data
reconciliation.--To evaluate the
accuracy of the preliminary report and
through the consultation process
required under subclause (II), the
Secretary shall reconcile the data
described in the preliminary report
with--</DELETED>
<DELETED> ``(aa) the
existing contracting party's
data regarding the number of
eligible Indian students served
by that existing contracting
party for the fiscal year
preceding the fiscal year for
which the initial determination
is made; and</DELETED>
<DELETED> ``(bb)
identifiable tribal enrollment
information.</DELETED>
<DELETED> ``(iii) Final report.--Not later
than 120 days after concluding the consultation
described in clause (ii)(II), the Secretary
shall publish a final report on the initial
determination of the number of eligible Indian
students served by each existing contracting
party.</DELETED>
<DELETED> ``(C) Technical assistance.--The
Secretary, acting through the Director of the Bureau of
Indian Education, shall provide existing contracting
parties with technical assistance relating to the
receipt and provision of information on the number of
eligible Indian students served by the existing
contracting party.</DELETED>
<DELETED> ``(2) Initial determinations for new applicants.--
</DELETED>
<DELETED> ``(A) In general.--For the purposes of
making an initial determination of the number of
potentially eligible Indian students to be served by
each new applicant, the Secretary shall publish a
report in accordance with subparagraph (B).</DELETED>
<DELETED> ``(B) Process for making the initial
determination.--To determine the number of potentially
eligible Indian students to be served by new
applicants, the Secretary shall--</DELETED>
<DELETED> ``(i) include in the report the
respective total eligible Indian student counts
for each new applicant, as reported by the
applicant during the application process, and
other pertinent information, as determined by
the Secretary; and</DELETED>
<DELETED> ``(ii) publish the report
described in clause (i) on the same date the
final report described in paragraph (1)(B)(iii)
is published.</DELETED>
<DELETED> ``(3) Subsequent academic years.--For each
academic year following the fiscal year for which an initial
determination is made under paragraphs (1) and (2), the
Secretary shall determine the number of eligible Indian
students served by the contracting party based on the reported
eligible Indian student count numbers identified through the
reporting process described in subsection (d).</DELETED>
<DELETED> ``(d) Contracting Party Student Count Reporting
Compliance.--</DELETED>
<DELETED> ``(1) In general.--For each academic year
following the fiscal year for which an initial determination is
made under subsection (c), each contracting party shall submit
to the Secretary a report describing the number of eligible
Indian students who were served using amounts allocated to such
party under this Act during the previous fiscal year.</DELETED>
<DELETED> ``(2) Failure to comply.--A contracting party that
fails to submit a report under paragraph (1) shall receive no
amounts under this Act for the fiscal year following the
academic year for which the report should have been
submitted.</DELETED>
<DELETED> ``(3) Notice.--The Secretary shall provide
contracting parties with timely information relating to--
</DELETED>
<DELETED> ``(A) initial and final reporting
deadlines; and</DELETED>
<DELETED> ``(B) the consequences of failure to
comply outlined in paragraph (2).</DELETED>
<DELETED> ``(4) Technical assistance.--The Secretary, acting
through the Director of the Bureau of Indian Education, shall
provide technical assistance and training on compliance with
the reporting requirements of this subsection to contracting
parties.</DELETED>
<DELETED> ``(e) Annual Report.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall prepare an
annual report, including the most recent determination of the
number of eligible Indian students served by each contracting
party, and an assessment of the contracts under this Act that
the Secretary--</DELETED>
<DELETED> ``(A) may include in the budget request of
the Department of the Interior for each fiscal year;
and</DELETED>
<DELETED> ``(B) shall submit to--</DELETED>
<DELETED> ``(i) the Committee on Indian
Affairs of the Senate;</DELETED>
<DELETED> ``(ii) the Subcommittee on
Interior, Environment, and Related Agencies of
the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> ``(iii) the Committee on Natural
Resources of the House of Representatives;
and</DELETED>
<DELETED> ``(iv) the Subcommittee on
Interior, Environment, and Related Agencies of
the Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED> ``(2) Manner of preparation.--The Secretary shall
prepare the report under paragraph (1) in a manner so as to
prevent or minimize new administrative burdens on contracting
parties receiving funds under this Act.</DELETED>
<DELETED> ``(f) Hold Harmless.--</DELETED>
<DELETED> ``(1) In general.--Except as provided under
paragraph (2) and subject to paragraph (3), for a fiscal year,
an existing contracting party shall not receive an amount under
this Act that is less than the amount that such existing
contracting party received under this Act for the fiscal year
preceding the date of enactment of the JOM Modernization
Act.</DELETED>
<DELETED> ``(2) Exceptions.--</DELETED>
<DELETED> ``(A) In general.--An existing contracting
party shall receive an amount under this Act for a
fiscal year that is less than the amount that the
existing contracting party received under this Act for
the fiscal year preceding the date of enactment of the
JOM Modernization Act, if one or more of the following
conditions is met:</DELETED>
<DELETED> ``(i) Failure to report.--The
existing contracting party failed to submit the
report described in subsection (d) that was
most recently due from the date of the
determination.</DELETED>
<DELETED> ``(ii) Violations of contract or
law.--The Secretary has found that the existing
contracting party has violated the terms of a
contract entered into under this Act or has
otherwise violated Federal law.</DELETED>
<DELETED> ``(iii) Student count decrease.--
The number of eligible Indian students reported
by such existing contracting party under
subsection (d) has decreased below the number
of eligible Indian students identified in the
initial determination with respect to the
existing contracting party under subsection
(c)(1).</DELETED>
<DELETED> ``(B) Amount of funding reduction for
existing contracting parties reporting decreased
student counts.--A reduction in an amount pursuant to
subparagraph (A)(iii) shall not be done in such a
manner that the existing contracting party receives an
amount of funding per eligible Indian student that is
less than the amount of funding per eligible Indian
student such party received for the fiscal year
preceding the date of enactment of the JOM
Modernization Act.</DELETED>
<DELETED> ``(3) Sunset.--This subsection shall cease to be
effective at the beginning of the fiscal year after the first
fiscal year for which new contracting parties receive an amount
of funding per eligible Indian student that is equal to or
greater than the amount of funding per eligible Indian student
received by existing contracting parties for the fiscal year
preceding the date of enactment of the JOM Modernization
Act.</DELETED>
<DELETED> ``(g) Funding Allocation and Reform.--</DELETED>
<DELETED> ``(1) Present day per student funding
allocation.--Not later than 60 days after an initial
determination is made under subsection (c), the Secretary shall
establish, in consultation with contracting parties, a present
day per student funding allocation that shall serve as a
funding baseline under this Act.</DELETED>
<DELETED> ``(2) Funding reform.--The Secretary may make
recommendations for legislation to increase the amount of funds
available per eligible Indian student through contracts under
this Act to equal to or greater than the amount of funds that
were available per eligible Indian student through contracts
under this Act for fiscal year 1995, and attempt to identify
additional sources of funding that do not reallocate existing
funds otherwise utilized by Indian students served--</DELETED>
<DELETED> ``(A) by the Bureau of Indian Education;
or</DELETED>
<DELETED> ``(B) under title VI of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7401 et
seq.).</DELETED>
<DELETED> ``(3) Increases in program funding.--</DELETED>
<DELETED> ``(A) In general.--Subject to subsection
(f) and subparagraphs (B) and (C), for any fiscal year
for which the amount appropriated to carry out this Act
exceeds the amount appropriated to carry out this Act
for the preceding fiscal year, the excess amounts
shall--</DELETED>
<DELETED> ``(i) be allocated only to those
contracting parties that have not received
their full per student funding allocation as
determined pursuant to paragraph (1);
and</DELETED>
<DELETED> ``(ii) be allocated first to new
contracting parties that have not received
their full per student funding allocation as
determined pursuant to paragraph (1).</DELETED>
<DELETED> ``(B) Parity in funding.--Subparagraph (A)
shall have no effect after the first fiscal year for
which each contracting party receives their full per
student funding allocation as determined pursuant to
paragraph (1).</DELETED>
<DELETED> ``(C) Future allocations.--Allocations of
appropriations for fiscal years after the first fiscal
year for which each contracting party receives their
full per student funding allocation as determined
pursuant to paragraph (1) shall be made at the
discretion of the Secretary, in consultation with
Indian tribes and contracting parties.</DELETED>
<DELETED> ``(h) Increased Geographical and Tribal Participation in
the Johnson-O'Malley Supplementary Education Program.--To the maximum
extent practicable, the Secretary shall consult with Indian tribes and
contact State educational agencies and local educational agencies that
have not previously entered into a contract under this Act--</DELETED>
<DELETED> ``(1) to determine the interest of the Indian
tribes and State educational agencies and local educational
agencies in entering into such contracts; and</DELETED>
<DELETED> ``(2) to share information relating to the process
for entering into a contract under this Act.</DELETED>
<DELETED> ``(i) Rulemaking.--Not later than one year after the date
of enactment of the JOM Modernization Act, the Secretary, acting
through the Director of the Bureau of Indian Education, shall undertake
and complete a rulemaking process, following the provisions of
subchapter II of chapter 5 of title 5, United States Code, to--
</DELETED>
<DELETED> ``(1) determine how the regulatory definition of
`eligible Indian student' may be revised to clarify eligibility
requirements for contracting parties under this Act;</DELETED>
<DELETED> ``(2) determine, as necessary, how the funding
formula described in section 273.31 of title 25, Code of
Federal Regulations (as in effect on the day before the date of
enactment of the JOM Modernization Act) may be clarified and
revised to ensure full participation of contracting parties and
provide clarity on the funding process under this Act;
and</DELETED>
<DELETED> ``(3) otherwise reconcile and modernize the rules
to comport with the activities of the contracting parties under
this Act as of the date of enactment of the JOM Modernization
Act.</DELETED>
<DELETED> ``(j) 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 in
accordance with section 444 of the General Education Provisions Act
(commonly referred to as the Family Educational Rights and Privacy Act
of 1974) (20 U.S.C. 1232g).</DELETED>
<DELETED> ``(k) GAO Report.--Not later than 2 years after the date
of enactment of the JOM Modernization Act, the Comptroller General
shall--</DELETED>
<DELETED> ``(1) conduct a review of the implementation of
this section during the preceding two-year period, including
any factors impacting--</DELETED>
<DELETED> ``(A) the accuracy of the determinations
of the number of eligible Indian students under this
section;</DELETED>
<DELETED> ``(B) the communication between the Bureau
of Indian Education and contracting parties;
and</DELETED>
<DELETED> ``(C) the efforts by the Bureau of Indian
Education to ensure accurate and sufficient
distribution of funding for Indian students;</DELETED>
<DELETED> ``(2) submit a report describing the results of
the review under paragraph (1) to--</DELETED>
<DELETED> ``(A) the Committee on Indian Affairs of
the Senate;</DELETED>
<DELETED> ``(B) the Subcommittee on Interior,
Environment, and Related Agencies of the Committee on
Appropriations of the Senate;</DELETED>
<DELETED> ``(C) the Subcommittee on Indian, Insular
and Alaska Native Affairs of the Committee on Natural
Resources of the House of Representatives;
and</DELETED>
<DELETED> ``(D) the Subcommittee on Interior,
Environment, and Related Agencies of the Committee on
Appropriations of the House of Representatives;
and</DELETED>
<DELETED> ``(3) make such report publicly
available.</DELETED>
<DELETED> ``(l) Effect.--Nothing in this section--</DELETED>
<DELETED> ``(1) creates a new program or duplicates program
activities under this Act; or</DELETED>
<DELETED> ``(2) replaces or diminishes the effect of
regulations to carry out this Act existing on the day before
the date of enactment of the JOM Modernization Act, unless
expressly provided in this section.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE.
The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly
referred to as the Johnson-O'Malley Act) is amended by adding at the
end the following:
``SEC. 7. COMPUTATION OF STUDENT COUNT.
``(a) Definitions.--For the purposes of this Act, the following
definitions apply:
``(1) Contracting party.--The term `contracting party'
means an entity that has a contract through a program
authorized under this Act.
``(2) Eligible entity.--The term `eligible entity' means an
entity that is eligible to apply for a contract for a
supplemental or operational support program under this Act, as
outlined in section 1.
``(3) Existing contracting party.--The term `existing
contracting party' means a contracting party that has a
contract under this Act that is in effect on the date of
enactment of the JOM Modernization Act.
``(4) JOM modernization act.--The term `JOM Modernization
Act' means the Johnson-O'Malley Supplemental Indian Education
Program Modernization Act.
``(5) New contracting party.--The term `new contracting
party' means an entity that enters into a contract under this
Act after the date of enactment of the JOM Modernization Act.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(b) Determination of the Number of Eligible Indian Students.--
``(1) Initial determinations.--
``(A) In general.--The Secretary shall make an
initial determination of the number of eligible Indian
students served or potentially served by each eligible
entity in accordance with subparagraph (B).
``(B) Process for making the initial
determination.--
``(i) Preliminary report.--Not later than
180 days after the date of enactment of the JOM
Modernization Act, the Secretary shall publish
a preliminary report describing the number of
eligible Indian students served or potentially
served by each eligible entity, using the most
applicable and accurate data (as determined by
the Secretary in consultation with eligible
entities) from the fiscal year preceding the
fiscal year for which the initial determination
is to be made from--
``(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.
``(ii) Data reconciliation.--To improve the
accuracy of the preliminary report described in
clause (i) prior to publishing, the Secretary
shall reconcile the data described in the
preliminary report with--
``(I) each existing contracting
party's data regarding the number of
eligible Indian students served by the
existing contracting party for the
fiscal year preceding the fiscal year
for which the initial determination is
made; and
``(II) identifiable tribal
enrollment information.
``(iii) Comment period.--After publishing
the preliminary report under clause (i) in
accordance with clause (ii), the Secretary
shall establish a 60-day comment period to gain
feedback about the preliminary report from
eligible entities, which the Secretary shall
take into consideration in preparing the final
report described in clause (iv).
``(iv) Final report.--Not later than 120
days after concluding the consultation
described in clause (iii), the Secretary shall
publish a final report on the initial
determination of the number of eligible Indian
students served or potentially served by each
eligible entity, including justification for
not including any feedback gained during such
consultation, if applicable.
``(2) Subsequent academic years.--For each academic year
following the fiscal year for which an initial determination is
made under paragraph (1) to determine the number of eligible
Indian students served or potentially served by a contracting
party, the Secretary shall determine the number of eligible
Indian students served by the contracting party based on the
reported eligible Indian student count numbers identified
through the reporting process described in subsection (c).
``(c) Contracting Party Student Count Reporting Compliance.--
``(1) In general.--For each academic year following the
fiscal year for which an initial determination is made under
subsection (b) to determine the number of eligible Indian
students served or potentially served by a contracting party,
the contracting party shall submit to the Secretary a report
describing the number of eligible Indian students who were
served using amounts allocated to such party under this Act
during the previous fiscal year.
``(2) Failure to comply.--A contracting party that fails to
submit a report under paragraph (1) shall receive no amounts
under this Act for the fiscal year following the academic year
for which the report should have been submitted.
``(3) Notice.--The Secretary shall provide contracting
parties with timely information relating to--
``(A) initial and final reporting deadlines; and
``(B) the consequences of failure to comply
outlined in paragraph (2).
``(4) Technical assistance.--The Secretary, acting through
the Director of the Bureau of Indian Education, shall provide
technical assistance and training on compliance with the
reporting requirements of this subsection to contracting
parties.
``(d) Annual Report.--
``(1) In general.--The Secretary shall prepare an annual
report, including the most recent determination of the number
of eligible Indian students served by each contracting party,
recommendations on appropriate funding levels for the program
based on such determination, and an assessment of the contracts
under this Act that the Secretary--
``(A) may include in the budget request of the
Department of the Interior for each fiscal year; and
``(B) shall 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 Education and the
Workforce 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 so as to prevent or
minimize new administrative burdens on contracting parties
receiving funds under this Act.
``(e) Hold Harmless.--
``(1) Initial hold harmless.--
``(A) In general.--Except as provided under
subparagraph (B) and subject to subparagraphs (C) and
(D), for a fiscal year, an existing contracting party
shall not receive an amount under this Act that is less
than the amount that such existing contracting party
received under this Act for the fiscal year preceding
the date of enactment of the JOM Modernization Act.
``(B) Exceptions.--
``(i) In general.--An existing contracting
party shall receive an amount under this Act
for a fiscal year that is less than the amount
that the existing contracting party received
under this Act for the fiscal year preceding
the date of enactment of the JOM Modernization
Act, if 1 or more of the following conditions
is met:
``(I) Failure to report.--The
existing contracting party failed to
submit the report described in
subsection (c) that was most recently
due from the date of the determination.
``(II) Violations of contract or
law.--The Secretary has found that the
existing contracting party has violated
the terms of a contract entered into
under this Act or has otherwise
violated Federal law.
``(III) Student count decrease.--
The number of eligible Indian students
reported by such existing contracting
party under subsection (c) has
decreased below the number of eligible
Indian students served by the existing
contracting party in the fiscal year
preceding the date of enactment of the
JOM Modernization Act.
``(ii) Amount of funding reduction for
existing contracting parties reporting
decreased student counts.--A reduction in an
amount pursuant to clause (i)(III) shall not be
done in such a manner that the existing
contracting party receives an amount of funding
per eligible Indian student that is less than
the amount of funding per eligible Indian
student such party received for the fiscal year
preceding the date of enactment of the JOM
Modernization Act.
``(C) Ratable reductions in appropriations.--If the
funds available under this Act for a fiscal year are
insufficient to pay the full amounts that all existing
contracting parties are eligible to receive under
subparagraph (A) for the fiscal year, the Secretary
shall ratably reduce those amounts for the fiscal year.
``(D) Sunset.--This paragraph shall cease to be
effective 4 years after the date of enactment of the
JOM Modernization Act.
``(2) Maximum decrease after 4 years.--Beginning 4 years
after the date of enactment of the JOM Modernization Act, no
contracting party shall receive for a fiscal year more than a
10 percent decrease in funding per eligible Indian student from
the previous fiscal year.
``(f) Funding Allocation and Reform.--
``(1) Present day per student funding allocation.--Not
later than 60 days after an initial determination is made under
subsection (b), the Secretary shall propose, in consultation
with Indian tribes and contracting parties, a present day per
student funding allocation that shall serve as a funding
baseline under this Act.
``(2) Funding reform.--The Secretary may make
recommendations for legislation to increase the amount of funds
available per eligible Indian student through contracts under
this Act to equal to or greater than the amount of funds that
were available per eligible Indian student through contracts
under this Act for fiscal year 1995, and attempt to identify
additional sources of funding that do not reallocate existing
funds otherwise utilized by Indian students served--
``(A) by the Bureau of Indian Education; or
``(B) under title VI of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7401 et
seq.).
``(3) Increases in program funding.--
``(A) In general.--Subject to subsection (e) and
subparagraph (B), for any fiscal year for which the
amount appropriated to carry out this Act exceeds the
amount appropriated to carry out this Act for the
preceding fiscal year, the excess amounts shall--
``(i) be allocated only to those
contracting parties that did not receive their
full per student funding allocation for the
previous fiscal year; and
``(ii) be allocated first to new
contracting parties that did not receive their
full per student funding allocation for the
previous fiscal year.
``(B) Parity in funding.--Subparagraph (A) shall
have no effect after the first fiscal year for which
each contracting party receives their full per student
funding allocation.
``(g) Increased Geographical and Tribal Participation in the
Johnson-O'Malley Supplementary Education Program.--To the maximum
extent practicable, the Secretary shall consult with Indian tribes and
contact State educational agencies and local educational agencies that
have not previously entered into a contract under this Act--
``(1) to determine the interest of the Indian tribes and
State educational agencies and local educational agencies in
entering into such contracts; and
``(2) to share information relating to the process for
entering into a contract under this Act.
``(h) Rulemaking.--
``(1) In general.--Not later than one year after the date
of enactment of the JOM Modernization Act, the Secretary,
acting through the Director of the Bureau of Indian Education,
shall undertake and complete a rulemaking process, following
the provisions of subchapter II of chapter 5 of title 5, United
States Code, to--
``(A) determine how the regulatory definition of
`eligible Indian student' may be revised to clarify
eligibility requirements for contracting parties under
this Act;
``(B) determine, as necessary, how the funding
formula described in section 273.31 of title 25, Code
of Federal Regulations (as in effect on the day before
the date of enactment of the JOM Modernization Act) may
be clarified and revised to ensure full participation
of contracting parties and provide clarity on the
funding process under this Act; and
``(C) otherwise reconcile and modernize the rules
to comport with the activities of the contracting
parties under this Act as of the date of enactment of
the JOM Modernization Act.
``(2) Report.--Not later than 30 days after the date the
rulemaking under paragraph (1) is complete, the Secretary shall
submit a report to Congress describing the results of such
rulemaking and necessary recommendations to ensure the full
implementation of such rulemaking.
``(i) 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 in accordance with
section 444 of the General Education Provisions Act (commonly referred
to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C.
1232g).
``(j) GAO Report.--Not later than 18 months after the final report
described in subsection (b)(1)(B)(iv) is published, the Comptroller
General shall--
``(1) conduct a review of the implementation of this
section during the preceding two-year period, including any
factors impacting--
``(A) the accuracy of the determinations of the
number of eligible Indian students under this section;
``(B) the communication between the Bureau of
Indian Education and contracting parties; and
``(C) the efforts by the Bureau of Indian Education
to ensure accurate and sufficient distribution of
funding for Indian students;
``(2) submit a report describing the results of the review
under paragraph (1) to--
``(A) the Committee on Indian Affairs of the
Senate;
``(B) the Subcommittee on Interior, Environment,
and Related Agencies of the Committee on Appropriations
of the Senate;
``(C) the Subcommittee on Indian, Insular and
Alaska Native Affairs of the Committee on Natural
Resources of the House of Representatives; and
``(D) the Subcommittee on Interior, Environment,
and Related Agencies of the Committee on Appropriations
of the House of Representatives; and
``(3) make such report publicly available.
``(k) Effect.--Nothing in this section--
``(1) creates a new program or duplicates program
activities under this Act; or
``(2) replaces or diminishes the effect of regulations to
carry out this Act existing on the day before the date of
enactment of the JOM Modernization Act, unless expressly
provided in this section.''.
Calendar No. 295
115th CONGRESS
2d Session
S. 943
[Report No. 115-201]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to conduct an accurate
comprehensive student count for the purposes of calculating formula
allocations for programs under the Johnson-O'Malley Act, and for other
purposes.
_______________________________________________________________________
January 24, 2018
Reported with an amendment