[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4846-S4847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2123. Mr. UDALL (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       After section 9102, insert the following:

     SEC. ____. RESERVATIONS FOR BUREAU OF INDIAN EDUCATION.

       Part A of title IX (20 U.S.C. 7801 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 9104. RESERVATIONS FOR BUREAU OF INDIAN EDUCATION.

       ``(a) BIE Reservations for Formula-based Education 
     Programs.--
       ``(1) In general.--The Secretary shall ensure that any 
     formula-based education program provides a reservation, in 
     the amount described in paragraph (2), for the Bureau of 
     Indian Education to be used in accordance with paragraph (3) 
     on behalf of the schools or programs, as applicable, operated 
     or funded by the Bureau of Indian Education.
       ``(2) Amount of reservation.--
       ``(A) Increasing bie reservations of less than 0.5 
     percent.--In the case of a formula-based education program 
     that requires by law (including any regulation) reservation 
     of program funds for the Bureau of Indian Education in an 
     amount less than 0.5 percent of the total amount available to 
     carry out the formula-based education program for a fiscal 
     year, the Secretary shall increase the amount of such 
     reservation to 0.5 percent of such total amount for such 
     year.
       ``(B) Maintaining bie reservations equal to or greater than 
     0.5 percent.--In the case of a formula-based education 
     program that requires by law (including any regulation) a 
     reservation of program funds for the Bureau of Indian 
     Education in an amount equal to or greater than 0.5 percent 
     of the total amount available to carry out the formula-based 
     education program for a fiscal year, the Secretary shall 
     reserve the amount of funds required by such law for the 
     Bureau for such year.
       ``(C) Establishing bie reservations for other formula-based 
     education programs.--In the case of a formula-based education 
     program for which no funds are provided or reserved by law 
     (including any regulation) by the Secretary for the Bureau of 
     Indian Education or for schools operated or funded by the 
     Bureau, the Secretary shall reserve 0.5 percent of the total 
     amount available to carry out the formula-based education 
     program for the Bureau of Indian Education.
       ``(3) Use of reserved funds.--The Bureau of Indian 
     Education shall use any funds reserved under a formula-based 
     education program for the purposes and uses provided under 
     such program.
       ``(b) Requirements for Competitive Education Programs.--
       ``(1) In general.--With respect to any competitive 
     education program, the Secretary shall deem the Bureau of 
     Indian Education

[[Page S4847]]

     to be a State or State educational agency, as applicable, for 
     purposes of applying for and receiving a grant, contract, or 
     other assistance under the program, and shall allow the 
     Bureau to use funds provided under the competitive education 
     program to carry out the purposes and activities and services 
     provided by the program for the schools or programs, as 
     applicable, operated or funded by the Bureau.
       ``(2) Technical assistance.--For each competitive education 
     program, the Secretary may reserve not more than 0.5 percent 
     of the total amount appropriated for the program for a fiscal 
     year for technical assistance or capacity-building to assist 
     the Bureau of Indian Education, and schools or programs 
     operated or funded by the Bureau of Indian Education, in 
     building the capacity and expertise needed to compete and 
     qualify for assistance under the program.
       ``(3) Nonapplicability of certain provisions.--
     Notwithstanding any other provision of law, the Bureau of 
     Indian Education, when applying for or receiving a grant, 
     contract, or assistance under a competitive education 
     program, shall not be subject to any provision of the program 
     that requires grant recipients to contribute funds toward the 
     costs of the grant program.
       ``(c) Definitions.--In this section:
       ``(1) Formula-based education program.--The term `formula-
     based education program' means any program administered by 
     the Secretary under this Act that--
       ``(A) awards grants, contracts, or other assistance 
     relating to early childhood, elementary, or secondary 
     education to States or State educational agencies; and
       ``(B) allocates the program funds by statutory or 
     regulatory formula.
       ``(2) Competitive education program.--The term `competitive 
     education program' means any program administered by the 
     Secretary under this Act that--
       ``(A) awards grants, contracts, or other assistance 
     relating to early childhood, elementary, or secondary 
     education to States or State educational agencies on a 
     competitive basis; and
       ``(B) does not contain any type of reservation of funds for 
     the Bureau of Indian Education or the schools operated or 
     funded by the Bureau of Indian Education.
       ``(d) Relationship to Other Laws.--In the event of a 
     conflict between this section and any law regarding a 
     formula-based education program or competitive education 
     program, this section shall control.''.
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