[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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