[Congressional Record Volume 162, Number 30 (Thursday, February 25, 2016)]
[Senate]
[Pages S1059-S1060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BARRASSO:
  S. 2580. A bill to establish the Indian Education Agency to 
streamline the administration of Indian education, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. BARRASSO. Mr. President, I rise today to speak about legislation 
that will streamline and modernize the Bureau of Indian Education.
  The Bureau of Indian Education school system includes 183 elementary 
and secondary schools, and it serves roughly 48,000 students. Part of 
the school system falls under a cumbersome bureaucracy burdened with 
needless red tape. This has led to staffing and administrative issues 
at these schools, as well as problems with neglect at the facilities 
themselves. A lack of defined leadership at the Bureau of Indian 
Education has led to schools falling through the cracks. In the past 36 
years, there have been 33 Bureau of Indian Education directors. 
Stability and clear structure are needed.
  Last May, the Senate Committee on Indian Affairs, which I chair, held 
an oversight hearing on this topic. We heard testimony from Government 
Accountability Office officials that more accountability is needed at 
the Bureau of Indian Education to help students succeed.
  That is why I am introducing the Reforming American Indian Standards 
of Education--or RAISE--Act. The RAISE Act separates the functions of 
the Bureau of Indian Education from the Bureau of Indian Affairs into 
an independent agency under the Department of the Interior. This agency 
would be led by a president-appointed and Senate-confirmed director and 
two assistant directors. Together, this leadership team will oversee 
the administration of Indian Education, curriculum for the schools and 
school-facilities management.
  The RAISE Act will create better accountability for all. By having a 
leadership team that tribes can directly address for their school's 
needs, Indian students attending these schools will have a greater 
voice. The current Indian school system is managed in such a fragmented 
and complicated manner that it has failed students for many years. 
These students are our future, and they deserve our best efforts to 
address their educational needs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2580

       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 ``Reforming American Indian 
     Standards of Education Act of 2016'' or the ``RAISE Act of 
     2016''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agency.--The term ``Agency'' means the Indian Education 
     Agency established by section 3(a).
       (2) Assistant director.--The term ``Assistant Director'' 
     means, as applicable--
       (A) the Assistant Director of Education Curriculum 
     described in section 3(c)(1); or
       (B) the Assistant Director of Facilities Management 
     described in section 3(c)(2).
       (3) Department.--The term ``Department'' means the 
     Department of the Interior.
       (4) Director.--The term ``Director'' means the Director of 
     Indian Education described in section 3(b)(1).
       (5) 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).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. ESTABLISHMENT.

       (a) In General.--There is established within the Department 
     an independent agency to be known as the ``Indian Education 
     Agency''.
       (b) Director.--
       (1) In general.--The head of the Agency shall be the 
     Director of Indian Education.
       (2) Appointment.--The Director shall be appointed by the 
     President by and with the advice and consent of the Senate.
       (3) Period of appointment.--The Director shall be--
       (A) appointed for a term of 6 years; and
       (B) eligible for reappointment for an unlimited number of 
     terms.
       (4) Removal.--The Director may be removed by the President 
     before the expiration of the term of the Director only for 
     cause.
       (5) Vacancies.--Any vacancy in the position of Director 
     shall not affect the functions or authorities of the Agency, 
     but shall be filled in the same manner as the original 
     appointment.
       (c) Assistant Directors.--
       (1) Assistant director of education curriculum.--
       (A) In general.--There shall be in the Agency an Assistant 
     Director of Education Curriculum, who shall be appointed by 
     the Director.
       (B) Duties.--The Assistant Director shall be responsible 
     for the functions of the Agency--
       (i) relating to education curriculum; and
       (ii) that the Director may delegate to the Assistant 
     Director.
       (2) Assistant director of facilities management.--
       (A) In general.--There shall be in the Agency an Assistant 
     Director of Facilities Management, who shall be appointed by 
     the Director.
       (B) Duties.--The Assistant Director shall be responsible 
     for the functions of the Agency--
       (i) relating to facilities management; and
       (ii) that the Director may delegate to the Assistant 
     Director.

     SEC. 4. TERMINATION OF BUREAU OF INDIAN EDUCATION; TRANSFER 
                   OF FUNCTIONS.

       (a) Termination of Bureau of Indian Education.--Effective 
     beginning on the date of enactment of this Act, the Bureau of 
     Indian Education (including any predecessor office described 
     in Federal law) is terminated.
       (b) Transfer of Functions.--
       (1) In general.--Any function or authority relating to 
     Indian education that, as of the day before the date of 
     enactment of this Act, was performed or carried out by the 
     Secretary or any bureau, office, or other unit of the 
     Department is transferred to the Director.
       (2) References.--Any reference in any other Federal law to 
     the Secretary, the Department, or any bureau, office, or 
     other unit of the Department with respect to the functions or 
     authorities transferred under paragraph (1) is deemed to 
     refer to the Director or the Agency, as appropriate.

     SEC. 5. REPORTS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, and annually thereafter, the Director, 
     in consultation with affected Indian tribes, shall prepare a 
     report describing the implementation of this Act, including--
       (1) the activities of the Agency;
       (2) an assessment of the effectiveness of this Act; and
       (3) recommendations for legislation to improve the 
     functioning of the Agency.
       (b) Submission.--The Director shall submit each report 
     described in subsection (a) to--

[[Page S1060]]

       (1) the Committee on Indian Affairs of the Senate;
       (2) the Committee on Natural Resources of the House of 
     Representatives; and
       (3) the Committee on Education and Workforce of the House 
     of Representatives.

     SEC. 6. REGULATIONS.

       (a) In General.--The Director shall promulgate such 
     regulations as the Director determines are appropriate to 
     perform the functions of the Director.
       (b) Autonomy.--No regulation promulgated pursuant to 
     subsection (a) shall be subject to approval or review by the 
     Secretary.

     SEC. 7. PERSONNEL.

       (a) Compensation of Director and Assistant Directors.--
       (1) Director.--The Director shall be compensated at a rate 
     equal to that of level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       (2) Assistant directors.--Each Assistant Director shall be 
     compensated at a rate equal to that of level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (3) Travel expenses.--The Director and each Assistant 
     Director shall be allowed travel expenses, including per diem 
     in lieu of subsistence, at rates authorized for employees of 
     agencies under subchapter I of chapter 57 of title 5, United 
     States Code, while away from their homes or regular places of 
     business in the performance of their duties.
       (b) Staff.--
       (1) Transfer of personnel.--Effective beginning on the date 
     of enactment of this Act, the personnel employed in 
     connection with the functions or authorities transferred 
     under section 4(b)(1) are transferred to the Director.
       (2) Additional personnel.--The Director may, without regard 
     to the civil service laws, appoint and terminate such 
     additional personnel as may be necessary to enable the 
     Director to perform the functions of the Director.
       (3) Compensation.--The Director may fix the compensation of 
     the personnel of the Agency other than the Director or the 
     Assistant Directors without regard to chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the other 
     personnel may not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of that title.
       (c) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Agency without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Director may procure temporary and intermittent services 
     under section 3109(b) of title 5, United States Code, at 
     rates for individuals that do not exceed the daily equivalent 
     of the annual rate of basic pay prescribed for level V of the 
     Executive Schedule under section 5316 of that title.
       (e) Preference.--
       (1) In general.--In the selection of each individual to be 
     employed by the Director pursuant to section 3(c) and 
     subsections (b)(2), (c), and (d) of this section, the 
     Director shall give preference to members of Indian tribes.
       (2) Applicability.--The preference described in paragraph 
     (1) shall apply only to initial hiring, and shall not apply 
     to promotion, lateral transfer, reassignment, reductions in 
     force, or any other employment practice.
       (f) Civil Service Laws.--All personnel of the Agency other 
     than the Director shall be covered by the civil service laws.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Director 
     such sums as are necessary to carry out this Act.

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