[Congressional Record Volume 141, Number 31 (Thursday, February 16, 1995)]
[Senate]
[Pages S2820-S2821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                                 S. 377

  Mr. McCAIN. Mr. President, S. 377 is a technical corrections bill in 
its truest form. S. 377 would amend section 9112(a)(1)(A) of the 
Elementary and Secondary Education Act of 1965. S. 377 would amend 
section 9112(a)(1)(A), otherwise referred to as the Indian Education 
Act, by striking the word ``and'' and inserting the word ``or.'' This 
technical change would correct an oversight that occurred during the 
conference of the bill.
  Last Congress, the Committee on Indian Affairs received testimony 
from both Indian educators and tribal organizations on proposals for 
the reauthorization of the Indian Education Act. These proposals were 
integrated into the Improving America's School Act of 1994. Among these 
proposals was a program providing formula grants to schools enrolling 
Indian children.
  During the House and Senate conference regarding this particular 
section of the act, discussions ensued on whether a minimum of 10 or 20 
Indian children would be required in order to be eligible for these 
programs. The House bill would have required that a school have at 
least 20 Indian children or that the Indian children make up at least 
25 percent of the student body of the school. The Senate bill would 
have required that a school have a minimum of 10 Indian children or 
that Indian children make up 25 percent of the student body of the 
school. The House and Senate Conferees agreed upon the Senate version 
which required a minimum of 10 Indian students or that Indian students 
make up 25 percent of the school's enrollment.
  The congressional intent behind section 9112 clearly supports the 
enactment of this technical amendment. The House and Senate debate on 
this section only contemplated the number of Indian children that would 
be required for funding pursuant to this section. The conferees did not 
debate over the conjunction ``or.'' The side-by-side analysis used by 
both the Senate and House conferees supports this point. However, an 
apparent error occurred in the redrafting process of the conference 
approved bill. The drafters inadvertently substituted the word ``and'' 
for ``or.'' As a result, the law currently states that ``in order for a 
school to be eligible for an Indian Education Act 
[[Page S2821]] formula grant, it must have 10 eligible students and 
have 25 percent of its student population eligible for the program.'' 
among these proposals.
  This minor oversight will have major ramifications in the education 
of American Indian and Alaska Native children. The current language 
unnecessarily restricts a schools eligibility for grant funding by 
requiring schools to meet both criteria. Consequently, the existing 
language will result in the disqualification of many schools that serve 
American Indian and Alaska Native children. The Department of Education 
is in the process of promulgating regulations which do not accurately 
reflect the true intent of the Congress. Therefore, it is imperative 
that this amendment be promptly enacted to clarify and fulfill the true 
intent of the act, to improve schools for all Americans, including 
Indians and Alaska Natives.


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