[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 9885-9911]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA (for himself, Mr. Johnson of South Dakota, and Mr. 
        Inouye):
  S. 1262. A bill to improve Indian education, and for other purposes; 
to the Committee on Indian Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Native 
culture, language, and access for success in schools bill, Native 
CLASS.
  As a former educator, I understand the critical role of education, 
not just to the life of a young person, but also to the future of a 
culture and a community. For too long, the Native people of this 
country have lived with a substandard education system that lacks 
cultural relevance and is burdened with administrative challenges and 
severe underfunding.
  Three major reports by the Federal Government on Native education 
since 1928 have demonstrated little, if any, improvement in the 
education of Native people in the past 80 years. This ailing system has 
resulted in some of the worst education outcomes in the country. On 
average, in the States with the highest Native populations, the 
graduation rates for Native students are lower than the graduation 
rates for all other racial/ethnic groups, hovering well below 50 
percent. We can no longer tolerate this, especially because our Federal 
Government has a unique trust obligation to provide a quality education 
to its Native people.
  Native languages and cultures are the roots of all Native peoples, 
and to oki, to cut those roots is to inherently harm the Native 
peoples. The comprehensive legislation I am introducing today puts 
forward a new vision of Native education, one that is grounded in 
culture, language, and local community control. The bill provides for 
many new access opportunities for tribes to be partners in their own 
education systems and paves the way for innovative language and 
culture-based instruction programs. Additionally, it provides much 
stronger accountability by agencies to native communities for the 
administration of their children's education. The provisions of this 
bill are the result of consultation and input with a wide range of 
American Indian, Alaska Native and Native Hawaiian stakeholders.
  The introduction of this bill is only the beginning of a dialogue 
about this new vision of Native education. We will continue to work 
with our Native stakeholders to improve this bill and ensure that it 
builds strong roots and meets the unique needs of all our native 
students.
  I thank Mr. Johnson and Mr. Inouye for sponsoring this bill. I urge 
my other colleagues to join me in supporting the passage of this 
legislation.
  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. 1262

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     Culture, Language, and Access for Success in Schools Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

        TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

  Subtitle A--Improving the Academic Achievement of the Disadvantaged

Sec. 111. Improving the education of students.
Sec. 112. Standards-based assessments.
Sec. 113. Native language teaching.
Sec. 114. Prevention and intervention programs for children and youth 
              who are neglected, delinquent, or at-risk.

 Subtitle B--Preparing, Training, and Recruiting High Quality Teachers 
                             and Principals

Sec. 121. Preparing, training, and recruiting high quality teachers and 
              principals.

             Subtitle C--Native American Languages Programs

Sec. 131. Improvement of academic success of Indian students through 
              Native American languages programs.
Sec. 132. State and tribal education agency agreements.

                    Subtitle D--21st Century Schools

Sec. 141. Safe and healthy schools for Native American students.

    Subtitle E--Indian, Native Hawaiian, and Alaska Native Education

Sec. 151. Purpose.
Sec. 152. Purpose of formula grants.
Sec. 153. Grants to local educational agencies and tribes.
Sec. 154. Amount of grants.
Sec. 155. Applications.
Sec. 156. Authorized services and activities.
Sec. 157. Student eligibility forms.
Sec. 158. Technical assistance.
Sec. 159. Amendments relating to tribal colleges and universities.
Sec. 160. Tribal educational agency cooperative agreements.
Sec. 161. Tribal education agencies pilot project.
Sec. 162. Improve support for teachers and administrators of native 
              american students.
Sec. 163. National board certification incentive demonstration program.
Sec. 164. Tribal language immersion schools.
Sec. 165. Coordination of Indian student information.
Sec. 166. Authorization of appropriations.

                         Subtitle F--Impact Aid

Sec. 171. Impact aid.

                     Subtitle G--General Provisions

Sec. 181. Highly qualified definition.
Sec. 182. Applicability of ESEA to Bureau of Indian Education schools.
Sec. 183. Increased access to resources for tribal schools, schools 
              served by the Bureau of Indian Education, and Native 
              American students.

                   TITLE II--AMENDMENTS TO OTHER LAWS

Sec. 201. Amendments to the American Recovery and Reinvestment Act of 
              2009 to provide funding for Indian programs.
Sec. 202. Qualified scholarships for education and cultural benefits.
Sec. 203. Tribal education policy advisory group.
Sec. 204. Division of budget analysis.
Sec. 205. Qualified school construction bond escrow account.
Sec. 206. Equity in Educational Land-Grant Status Act of 1994.
Sec. 207. Workforce Investment Act of 1998.
Sec. 208. Technical amendments to Tribally Controlled Schools Act of 
              1988.

               TITLE III--ADDITIONAL EDUCATION PROVISIONS

Sec. 301. Native American student support.
Sec. 302. Ensuring the survival and continuing vitality of Native 
              American languages.
Sec. 303. In-school facility innovation program contest.
Sec. 304. Retrocession or reassumption of certain school funds.
Sec. 305. Department of the Interior and Department of Education Joint 
              Oversight Board.
Sec. 306. Feasibility study to transfer the Bureau of Indian Education 
              to the Department of Education.

[[Page 9886]]

Sec. 307. Tribal self governance feasibility study.
Sec. 308. Establishment of Center for Indigenous Excellence

        TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

  Subtitle A--Improving the Academic Achievement of the Disadvantaged

     SEC. 111. IMPROVING THE EDUCATION OF STUDENTS.

       Part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
       (1) in section 1111--
       (A) in subsection (a), by inserting ``representatives of 
     Indian tribes located in the State,'' after ``other staff,'';
       (B) in subsection (b)(8), by striking ``1112(c)(1)(D)'' and 
     inserting ``1112(c)(1)(E)'';
       (C) in subsection (c)--
       (i) in paragraph (13), by striking ``and'';
       (ii) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(15) the State educational agency has engaged in timely 
     and meaningful consultation with representatives of Indian 
     tribes located in the State in the development of the State 
     plan to serve local educational agencies under the State's 
     jurisdiction, in order to--
       ``(A) improve the coordination of activities under this 
     Act;
       ``(B) meet the purpose of this title; and
       ``(C) meet the unique cultural, language, and educational 
     needs of Indian students.''; and
       (D) in subsection (m), by adding at the end the following:
       ``(4) If such school has been approved, in accordance with 
     section 1116(g), for use of an alternative definition of 
     adequate yearly progress, the school may adopt an appropriate 
     assessment that--
       ``(A) is developed in consultation with, and with the 
     approval of, the Secretary of the Interior; and
       ``(B) is consistent with the requirements of this 
     section.'';
       (2) in section 1112--
       (A) in subsection (b)(1)--
       (i) by redesignating subparagraphs (F) through (Q) as 
     subparagraphs (G) through (R), respectively; and
       (ii) by inserting after subparagraph (E), the following:
       ``(F) a description of the procedure that the local 
     educational agency will use to engage in timely, ongoing, and 
     meaningful consultation with representatives of Indian tribes 
     located in the area served by the local education agency in 
     the development of the local plan, in order to--
       ``(i) improve the coordination of activities under this 
     Act;
       ``(ii) meet the purpose of this title; and
       ``(iii) meet the unique cultural, language, and educational 
     needs of Indian students;'';
       (B) in subsection (c)(1)--
       (i) by redesignating subparagraphs (D) through (O) as 
     subparagraphs (E) through (P), respectively; and
       (ii) by inserting after subparagraph (C), the following:
       ``(D) engage in timely and meaningful consultation with 
     representatives of Indian tribes located in the area served 
     by the local education agency;''; and
       (C) in subsection (d)(1), by striking ``and other 
     appropriate school personnel,'' and inserting ``other 
     appropriate school personnel, representatives of Indian 
     tribes located in the area served by the local educational 
     agency,'';
       (3) in section 1115(b)(2)(A), by inserting ``, Indian 
     children,'' after ``migrant children'';
       (4) in section 1116--
       (A) in subsection (b)(3)(A)--
       (i) in the matter preceding clause (i), by inserting 
     ``representatives of Indian tribes located in the area served 
     by the school,'' after ``school staff,'';
       (ii) in clause (ix), by striking ``and'' after the 
     semicolon;
       (iii) in clause (x), by striking the period at the end; and
       (iv) by adding at the end the following:
       ``(xi) provide an assurance that, if the school receives 
     funds described in title VII, the school will continue to 
     direct such funds to the activities described in title 
     VII.'';
       (B) in subsection (c)(7)(A)--
       (i) in the matter preceding clause (i), by inserting 
     ``representatives of Indian tribes located in the area served 
     by the local education agency,'' after ``school staff,'';
       (ii) in clause (vii), by striking ``and'' after the 
     semicolon;
       (iii) in clause (viii), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(ix) incorporate, as appropriate, activities that meet 
     the unique cultural, language, and educational needs of 
     Indian students eligible to be served under title VII of this 
     Act.'';
       (C) in subsection (g)(1)--
       (i) in subparagraph (B)--

       (I) by striking ``The tribal governing body or'' and 
     inserting ``An Indian tribe,'';
       (II) by inserting ``, or consortium of such entities'' 
     after ``Bureau of Indian Affairs'';
       (III) by striking ``body or school board'' and inserting 
     ``Indian tribe, school board, or consortium of such 
     entities''; and
       (IV) by inserting ``of the Interior'' after ``such 
     alternative definition unless the Secretary'';

       (ii) in subparagraph (C), by striking ``a tribal governing 
     body or school board of a school funded by the Bureau of 
     Indian Affairs'' and inserting ``an Indian tribe, school 
     board of a school funded by the Bureau of Indian Affairs, or 
     consortium of such entities''; and
       (iii) by adding at the end the following:
       ``(D) Deemed approval.--A proposed alternative definition 
     of adequate yearly progress submitted pursuant to 
     subparagraph (B) shall be deemed to be approved by the 
     Secretary of the Interior unless the Secretary of the 
     Interior issues the notification set forth in subparagraph 
     (E) prior to the expiration of the 30-day period beginning on 
     the date on which the Secretary of the Interior received the 
     proposed alternative definition of adequate yearly progress.
       ``(E) Notification.--If the Secretary of the Interior finds 
     that the application is not in compliance, in whole or in 
     part, with this subpart, the Secretary of the Interior 
     shall--
       ``(i) notify the entity or entities described in 
     subparagraph (B) of the finding of noncompliance and, in such 
     notification, shall--

       ``(I) cite the specific provisions in the application that 
     are not in compliance;
       ``(II) provide an explanation of the basis of the non-
     compliance;
       ``(III) request additional information only as to the 
     noncompliant provisions needed to make the proposal 
     compliant;
       ``(IV) provide a description of the steps that the entity 
     or entities need to take to make the application compliant; 
     and
       ``(V) provide assistance to overcome the finding of 
     noncompliance; and

       ``(ii) provide the entity or entities described in 
     subparagraph (B) with the opportunity for a hearing, which 
     shall be completed not more than 60 days after such entity or 
     entities receive the notice of opportunity for a hearing, or 
     at such later date as agreed to by the submitting entity or 
     entities.
       ``(F) Response.--If the entity or entities described in 
     subparagraph (B) resubmit the application in an effort to 
     overcome the finding of noncompliance not more than 30 days 
     after the date the notification was received, the Secretary 
     of the Interior shall approve or disapprove the resubmitted 
     application not more than 30 days after the resubmitted 
     application is received, or not more than 30 days after the 
     conclusion of a hearing, whichever is later. If the Secretary 
     of the Interior fails to approve or disapprove the 
     resubmitted application within such time period, the 
     resubmitted application shall be deemed approved.
       ``(G) Resubmission response.--If the Secretary of the 
     Interior finds the resubmitted application described in 
     subparagraph (F) to be in noncompliance, the Secretary of the 
     Interior shall issue a final determination that--
       ``(i) cites the specific provisions in the application that 
     are not in compliance;
       ``(ii) provides a detailed explanation of the basis for the 
     finding of noncompliance for each provision found to be 
     noncompliant; and
       ``(iii) offers assistance to overcome the finding of 
     noncompliance.
       ``(H) Failure to respond.--If the entity or entities 
     described in subparagraph (B) do not respond to the 
     notification of the Secretary of the Interior described in 
     subparagraph (E) within a 30-day period after receipt of such 
     notification, the application shall be deemed to be 
     disapproved.'';
       (5) by inserting after section 1116 the following:

     ``SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM.

       ``(a) Purpose.--The purpose of this section is to 
     significantly improve outcomes for Indian students in 
     persistently low-performing schools by--
       ``(1) enabling Indian tribes or tribal education agencies 
     to turn around low-performing schools operated by a local 
     educational agency on Indian lands;
       ``(2) building the capacity of tribes and tribal education 
     agencies to improve student academic achievement in low-
     performing and persistently low-performing schools; and
       ``(3) supporting tribes and tribal education agencies in 
     implementing school intervention models.
       ``(b) Definitions.--In this section:
       ``(1) Indian lands.--The term `Indian lands' has the 
     meaning given the term in section 8013.
       ``(2) Indian school.--The term `Indian school' means any 
     school located on Indian lands.
       ``(3) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community (including any Native village, Regional 
     Corporation, or Village Corporation as defined in, or 
     established pursuant to, the Alaska Native Claims Settlement 
     Act), that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       ``(4) Tribal education agency.--The term `tribal education 
     agency' means the authorized governmental agency of a 
     federally-recognized American Indian or Alaska Native tribe 
     (as defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b)) that is primarily

[[Page 9887]]

     responsible for regulating, administering, or supervising the 
     formal education of tribal members. A tribal education agency 
     includes tribal education departments, tribal divisions of 
     education, tribally sanctioned education authorities, tribal 
     education administrative planning and development agencies, 
     and tribal administrative education entities.
       ``(c) Identification of Low Performing Indian Schools.--
       ``(1) In general.--Each State that receives funds under 
     this part shall annually identify any Indian school operated 
     by a local educational agency that--
       ``(A) is a school identified under section 1116(b); and
       ``(B)(i) in the case of an Indian school that is an 
     elementary school, is in the lowest 5 percent of the State's 
     public elementary schools;
       ``(ii) in the case of an Indian school that is a secondary 
     school that does not award a high school diploma, is in the 
     lowest 5 percent of the State's public secondary schools that 
     do not award a high school diploma; or
       ``(iii) in the case of an Indian school that is a secondary 
     school that does award a high school diploma--
       ``(I) is in the bottom 5 percent of the State's public 
     secondary schools that award a high school diploma; or
       ``(II) has a graduation rate below 60 percent.
       ``(2) Report.--If a school is identified by a State under 
     paragraph (1), the State shall notify the tribe on whose 
     Indian lands any such school is located that the school has 
     been identified as a low-performing school.
       ``(d) Grants Authorized.--
       ``(1) In general.--The Secretary shall award grants, on a 
     competitive basis, to Indian tribes or tribal education 
     agencies to enable such tribes or agencies to carry out the 
     activities described in subsection (g).
       ``(2) Duration.--
       ``(A) In general.--A grant awarded under this section shall 
     be for a period of 4 years.
       ``(B) Renewal.--The Secretary may renew a grant under this 
     section for an additional 4-year period if the Indian tribe 
     or tribal education agency demonstrates sufficient progress, 
     as defined by the State, on the core academic indicators and 
     leading indicators described in subsection (h)(1)(B).
       ``(e) Application.--
       ``(1) In general.--Each Indian tribe or tribal education 
     agency that desires to receive a grant under this section 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may reasonably require. At a minimum, each application shall 
     include--
       ``(A) an analysis of the school described under subsection 
     (c)(1) that the Indian tribe or tribal education agency 
     proposes to serve, and an appropriate intervention model for 
     such school;
       ``(B) a budget, which shall demonstrate sufficient funds to 
     implement fully and effectively the selected intervention 
     model; and
       ``(C) a description of how the Indian tribe or tribal 
     education agency will--
       ``(i) help develop a pipeline of teachers and leaders for 
     the school;
       ``(ii) collect and report data;
       ``(iii) support effective extended learning time 
     strategies; and
       ``(iv) build capacity in the tribe or tribal education 
     agency for assisting schools described under subsection 
     (c)(1).
       ``(2) Additional application requirements if subgrants are 
     awarded.--If an Indian tribe or tribal education agency 
     proposes to issue subgrants, as described under subsection 
     (g)(3), such tribe or agency shall include in the 
     application, in addition to the requirements described under 
     paragraph (1), the following:
       ``(A) A copy of the application form and instructions that 
     the Indian tribe or tribal education agency will provide to 
     potential recipients of subgrants.
       ``(B) A description of how the Indian tribe or tribal 
     education agency will set priorities for awarding subgrants.
       ``(C) A description of how the Indian tribe or tribal 
     education agency will monitor each entity that is awarded a 
     subgrant.
       ``(f) State Educational Agency and Local Education Agency 
     Responsibilities.--
       ``(1) In general.--If an Indian tribe or tribal education 
     agency receives a grant under this section for an Indian 
     school that has been identified under subsection (c)(1), the 
     Secretary shall notify the State in which the school is 
     located, and the State educational agency and the local 
     educational agency that serve such school shall--
       ``(A) maintain funding for the school at not less than the 
     amount supplied in the academic year immediately preceding 
     the academic year for which the grant under this section 
     applies;
       ``(B) at the request of the Indian tribe or tribal 
     education agency, enter into a cooperative agreement to 
     authorize the Indian tribe or tribal education agency to 
     plan, conduct, consolidate, and administer programs, 
     services, functions, and activities, or portions thereof, 
     administered by the State educational agency or the local 
     educational agency on behalf of the school; and
       ``(C) authorize the Indian tribe or tribal education agency 
     to reallocate funds for such programs, services, functions, 
     and activities, or portions thereof, as necessary.
       ``(2) Maintenance of effort requirement.--If the 
     maintenance of effort requirement described in paragraph 
     (1)(A) is not met, the Secretary may withhold funding under 
     title I from the State until such requirement is met.
       ``(3) Disagreement.--If an Indian tribe or tribal education 
     agency and the State educational agency or local educational 
     agency cannot reach an agreement, the tribe or tribal 
     education agency may submit to the Secretary information that 
     such tribe or agency deems relevant, and the Secretary may 
     make a determination on the disputed issue.
       ``(g) Use of Funds.--
       ``(1) School intervention model.--
       ``(A) In general.--An Indian tribe or tribal education 
     agency that receives a grant under this section shall use not 
     less than 90 percent of the grant funds to implement a school 
     intervention model described in subsection (i), either 
     directly or through a turn around partner that is awarded a 
     subgrant, in a school identified under subsection (c)(1).
       ``(B) Use of funds for comprehensive services.--The Indian 
     tribe or tribal education agency, in implementing any of the 
     school intervention models described in subsection (i) in any 
     school served under the grant--
       ``(i) shall identify and address issues that may contribute 
     to low academic achievement in the schools identified under 
     subsection (c)(1); and
       ``(ii) may use funds under this section to provide 
     comprehensive services to address the issues described in 
     subparagraph (A) and meet the full range of student needs.
       ``(2) Subgrants.--An Indian tribe or tribal education 
     agency that receives a grant under this section may award 
     subgrants.
       ``(3) Tribe or tribal education agency activities.--If an 
     Indian tribe or tribal education agency that receives a grant 
     under this section does not use all of the grant funds to 
     carry out the activities described in paragraphs (1) through 
     (3) in each school to be served under the grant, such tribe 
     or tribal education agency shall use any remaining funds to--
       ``(A) provide technical assistance and other support, 
     either directly or through the creation of a school turn 
     around office or a turn around partner, to schools identified 
     under subsection (c)(1), which may include--
       ``(i) the use of school quality review teams; or
       ``(ii) regular site visits to monitor the implementation of 
     selected intervention models;
       ``(B) evaluate Indian tribe or tribal education agency 
     implementation of school intervention models and other 
     improvement activities;
       ``(C) use the results of the evaluations described in 
     subparagraph (B) to improve Indian tribe or tribal education 
     agency strategies for supporting, and providing flexibility 
     for, targeted schools that are identified under subsection 
     (c)(1);
       ``(D) develop pipelines of teachers and leaders that are 
     trained to work in schools that are low-performing schools, 
     such as the schools identified in subsection (c)(1);
       ``(E) collect and report data;
       ``(F) build capacity in the Indian tribe or tribal 
     education agency for assisting schools identified under 
     subsection (c)(1); or
       ``(G) carry out other activities designed to build Indian 
     tribe or tribal education agency capacity to support school 
     improvement.
       ``(h) Data Collection and Reporting.--
       ``(1) In general.--Each Indian tribe or tribal education 
     agency receiving a grant under this section shall--
       ``(A) comply with the reporting and accountability 
     requirements of this part for each school that such Indian 
     tribe or tribal education agency serves; and
       ``(B) monitor and collect data about the students that such 
     Indian tribe or tribal education agency serves at each school 
     that is served by the grant program, including the following 
     data:
       ``(i) Core academic indicators, such as--

       ``(I) the percentage of students at each school who are at 
     or above the proficient level on State academic assessments 
     in reading or language arts and mathematics;
       ``(II) student progress toward core academic benchmarks;
       ``(III) the average score for students in each school on 
     State academic assessments in reading or language arts and 
     mathematics;
       ``(IV) secondary school graduation rates; and
       ``(V) rates of student enrollment in an institution of 
     higher education.

       ``(ii) Leading indicators, such as--

       ``(I) student attendance rates;
       ``(II) the number and percentage of students completing 
     advanced coursework;
       ``(III) student participation in State assessments in 
     reading or language arts and mathematics under section 
     1111(b)(3);
       ``(IV) school dropout rates;
       ``(V) discipline incident rates;
       ``(VI) teacher attendance rates;
       ``(VII) the distribution of teachers by performance level, 
     based on the teacher evaluation system established by the 
     Indian tribe or tribal education agency; and
       ``(VIII) reduction in the percentage of students in the 
     lowest level of achievement on

[[Page 9888]]

     State assessments in reading or language arts and mathematics 
     under section 1111.

       ``(2) Report.--Each Indian tribe or tribal education agency 
     receiving a grant under this section shall prepare and submit 
     a report to the Secretary, which shall include the data 
     described in paragraph (1)(B).
       ``(i) School Intervention Models.--Each tribe or tribal 
     education agency that receives a grant under this section may 
     choose to implement 1 or more of the following school 
     intervention models:
       ``(1) Transformation model.--A transformation model is a 
     school intervention model in which the Indian tribe or tribal 
     education agency--
       ``(A) replaces a principal (if such principal has led the 
     school for 2 or more years) with a new principal who has 
     demonstrated effectiveness in turning around a low-performing 
     school;
       ``(B) uses rigorous, transparent, and equitable evaluation 
     systems to--
       ``(i) identify and reward school leaders, teachers, and 
     other staff who, in implementing the model, increase student 
     achievement and, if applicable, secondary school graduation 
     rates; and
       ``(ii) identify and remove school leaders, teachers, and 
     other staff who, after ample opportunities have been provided 
     for such individuals to improve their professional practice--

       ``(I) do not increase student achievement;
       ``(II) if applicable, do not increase secondary school 
     graduation rates; and
       ``(III) have not demonstrated effectiveness according to 
     the tribe or tribal education agency's evaluation system;

       ``(C) provides staff with ongoing, high quality, job-
     embedded professional development that--
       ``(i) is aligned with the school's instruction program and 
     evaluation system;
       ``(ii) facilitates effective teaching and learning; and
       ``(iii) supports the implementation of school-reform 
     strategies;
       ``(D) implements strategies (such as financial incentives, 
     increased opportunities for promotion and career growth, and 
     more flexible work conditions) that are designed to recruit, 
     place, and retain staff who have the skills necessary to meet 
     the needs of students in the school;
       ``(E) uses data to identify and implement a research-based 
     instruction program that--
       ``(i) is aligned with State or tribal challenging academic 
     content standards and challenging student academic 
     achievement standards under section 1111(b); and
       ``(ii) has been proven to raise student academic 
     achievement by not less than 10 percent in 1 year;
       ``(F) establishes schedules and strategies that provide 
     increased learning time (which may include offering full-day 
     kindergarten or a high-quality preschool program or using a 
     longer school day, week, or year that increases the total 
     number of hours at school for the school year by not fewer 
     than 300 hours) in order to significantly increase the total 
     number of school hours to include time for--
       ``(i) instruction core subjects, such as English, reading 
     or language arts, mathematics, science, foreign language 
     (which may include a Native American language), civics and 
     government, economics, arts, history, and geography;
       ``(ii) instruction in traditional and cultural programs;
       ``(iii) instruction in other subjects; and
       ``(iv) enrichment activities, such as physical education, 
     service learning, and experiential work-based opportunities;
       ``(G) promotes the continuous use of student data to 
     provide instruction that meets the academic needs of 
     individual students, which may include, in elementary school, 
     individual students' levels of school readiness;
       ``(H) provides ongoing mechanisms for family, community, 
     and tribal involvement;
       ``(I) ensures that the school receives ongoing, intensive 
     technical assistance and related support from the tribe or 
     tribal education agency; and
       ``(J) provides appropriate social-emotional and community-
     oriented support services for students, and at the discretion 
     of the tribe or tribal education agency, uses not more than 
     10 percent of the total grant funds for such services.
       ``(2) Restart model.--A restart model is a school 
     intervention model in which the Indian tribe or tribal 
     education agency--
       ``(A) converts a school--
       ``(i) under a charter or school operator and charter 
     management organization;
       ``(ii) under an education management organization; or
       ``(iii) as an autonomous or redesigned school;
       ``(B) implements a rigorous review process to select such a 
     charter or school operator and charter management 
     organization, or an education management organization, as 
     applicable, which includes an assurance that such operator or 
     organization will make significant changes in the leadership 
     and staffing of the school; and
       ``(C) enrolls in the school any former student who wishes 
     to attend the school and who is within the grades the school 
     services.
       ``(3) Turnaround model.--A turnaround model is a school 
     intervention model in which the Indian tribe or tribal 
     education agency--
       ``(A) replaces a principal (if such principal has led the 
     school for 2 or more years) with a new principal who has 
     demonstrated effectiveness in turning around a low-performing 
     school;
       ``(B) gives a new principal sufficient operational 
     flexibility (including flexibility in staffing, the school 
     day and school calendar, and budgeting) to fully implement a 
     comprehensive approach to improve student outcomes;
       ``(C) uses a comprehensive evaluation system to evaluate 
     staff, including the use of student achievement data to 
     measure the effectiveness of staff;
       ``(D) screens all staff who are employed at the school as 
     of the time when the turnaround model is implemented and 
     retains not more than 50 percent of such staff;
       ``(E) requires the principal to justify personnel decisions 
     (such as hiring, dismissal, and rewards) based on the results 
     of the comprehensive evaluation system;
       ``(F) provides staff with ongoing, high quality, job-
     embedded professional development that--
       ``(i) is aligned with the school's instruction program and 
     evaluation system;
       ``(ii) facilitates effective teaching and learning; and
       ``(iii) supports the implementation of school-reform 
     strategies;
       ``(G) uses data to--
       ``(i) identify and implement a research-based instructional 
     program;
       ``(ii) evaluate school improvement strategies; and
       ``(iii) inform differentiated instruction, in order to meet 
     the academic needs of individual students;
       ``(H) encourages the use of extended learning time 
     partnerships;
       ``(I) establishes schedules and strategies that provide 
     increased learning time (which may include offering full-day 
     kindergarten or a high-quality preschool program or using a 
     longer school day, week, or year that increases the total 
     number of hours at school for the school year by not fewer 
     than 300 hours) in order to significantly increase the total 
     number of school hours to include time for--
       ``(i) instruction core subjects, such as English, reading 
     or language arts, mathematics, science, foreign language 
     (which may include a Native American language), civics and 
     government, economics, arts, history, and geography;
       ``(ii) instruction in traditional and cultural programs;
       ``(iii) instruction in other subjects;
       ``(iv) enrichment activities, such as physical education, 
     service learning, and experiential work-based opportunities; 
     or
       ``(v) teachers to collaborate, plan, and engage in 
     professional development within and across grades and 
     subjects;
       ``(J) provides ongoing mechanisms for family, community, 
     and tribal involvement; and
       ``(K) provides appropriate social and emotional community-
     oriented support services for students.
       ``(j) Insufficient Progress.--If an Indian tribe or tribal 
     education agency fails to demonstrate sufficient progress, as 
     defined by the State, on the core academic indicators and 
     leading indicators described in subsection (h)(1)(B), such 
     tribe or agency shall be required to--
       ``(1) modify the existing school intervention model; or
       ``(2) restart the school using the restart model described 
     in subsection (i)(2).
       ``(k) Reservation of Funds.--From the amount appropriated 
     each fiscal year for grants to State educational agencies and 
     local educational agencies for school improvement actions 
     under this part, the Secretary shall reserve not less than 10 
     percent of such amount for grants under this section.''; and
       (6) in section 1118--
       (A) in subsection (a)(2)--
       (i) in subparagraph (E) by striking ``and'' after the 
     semicolon;
       (ii) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (iii) by inserting after subparagraph (E) the following:
       ``(F) with respect to an agency that serves Indian 
     children, identify the barriers to effective involvement of 
     the parents of such children; and''; and
       (B) in subsection (e)--
       (i) by redesignating paragraphs (6) through (14) as 
     paragraphs (7) through (15), respectively; and
       (ii) by inserting after paragraph (5), the following:
       ``(6) in consultation with Indian tribes and parents of 
     Indian children who are served by any school that is served 
     by the agency, shall establish mechanisms to overcome 
     barriers to effective Indian parental involvement, which may 
     include--
       ``(A) providing literacy programs and use of technology 
     training, as needed, for such parents at locations accessible 
     to the homes of such parents;
       ``(B) providing or paying the reasonable costs of 
     transportation and child care to enable such parents to 
     participate in literacy programs, use of technology training, 
     and school-related meetings;

[[Page 9889]]

       ``(C) providing training regarding the roles, rights and 
     responsibilities of such parents, including information about 
     culture-based education; and
       ``(D) contracting with an Indian tribe or tribal education 
     agency to provide the services described in subparagraphs 
     (A), (B) and (C);''.

     SEC. 112. STANDARDS-BASED ASSESSMENTS.

       Section 1111(b)(3) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by 
     adding at the end the following:
       ``(E) Standards-based education assessments.--
     Notwithstanding any other provision of this Act, a State 
     shall develop standards-based education assessments and 
     classroom lessons to accommodate diverse learning styles, 
     which assessments may be used by the State in place of the 
     general assessments described in subparagraph (A).''.

     SEC. 113. NATIVE LANGUAGE TEACHING.

       Section 1119 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6319) is amended by adding at the end the 
     following:
       ``(m) Qualifications for Native Language Teachers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the requirements of subsection (a) on local educational 
     agencies and States with respect to highly qualified 
     teachers, shall not apply to a teacher of a Native language.
       ``(2) Alternative licensure or certification.--Each State 
     educational agency receiving assistance under this part shall 
     develop an alternative licensure or certification for 
     teachers of a Native language.''.

     SEC. 114. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN 
                   AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-
                   RISK.

       Part D of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6421 et seq.) is amended--
       (1) in section 1401--
       (A) in subsection (a)(3), by inserting ``and the 
     involvement of their families and their communities.'' after 
     ``their continued education''; and
       (B) in subsection (b), by inserting ``subject to section 
     1402(c),'' after ``section 1002(d)'';
       (2) in section 1402, by adding at the end the following:
       ``(c) Reservation for the Secretary of the Interior.--From 
     the amount appropriated for this part for any fiscal year, 
     the Secretary shall reserve 4 percent of such funds for the 
     Secretary of the Interior to provide educational services for 
     at-risk Indian children, including Indian youth in 
     correctional facilities operated by the Secretary of the 
     Interior or by an Indian tribe.'';
       (3) in section 1414(c)--
       (A) in paragraph (9), by inserting ``, Indian tribes, 
     tribal education agencies,'' after ``local educational 
     agencies'';
       (B) by redesignating paragraphs (12) through (19) as 
     paragraphs (13) through (20), respectively;
       (C) by inserting after paragraph (11), the following:
       ``(12) describe the procedure that the State agency will 
     use to consult, on an ongoing basis, with Indian tribes in 
     the State to determine the needs of Indian children and youth 
     who are neglected, delinquent, or at-risk, including such 
     children and youth in a correctional facility or 
     institution;'';
       (D) in paragraph (19), as redesignated by subparagraph (B), 
     by striking ``and'' after the semicolon;
       (E) in paragraph (20), as redesignated by subparagraph (B), 
     by striking the period at the end and inserting ``; and''; 
     and
       (F) by adding at the end the following:
       ``(21) provides an assurance that the program under this 
     subpart will utilize curriculum that is culturally 
     appropriate, based on the demographics of the neglected or 
     delinquent children and youth served by such program.'';
       (4) in section 1416--
       (A) in paragraph (7), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(9) includes an assurance that the State agency has 
     consulted with Indian tribes in the State in the development 
     of the comprehensive plan under this part.'';
       (5) in section 1418--
       (A) by striking paragraph (1) of subsection (a) and 
     inserting the following:
       ``(1) projects that facilitate the transition of children 
     and youth from State-operated institutions, or institutions 
     in the State operated by the Secretary of the Interior or 
     Indian tribes, to schools served by local educational 
     agencies or to schools funded by the Bureau of Indian 
     Education; or'';
       (B) in subsection (b), by inserting ``Indian tribes,'' 
     after local educational agencies;
       (C) by redesignating subsection (c) as subsection (d); and
       (D) by inserting after subsection (b) the following:
       ``(c) Consultation With Indian Tribes.--The State agency 
     shall consult with Indian tribes in the State in the 
     development of transition projects, and coordinate such State 
     projects with transition and reentry projects operated by 
     such tribes.'';
       (6) in section 1419(2), by inserting ``and Indian tribal 
     programs'' after ``State agency programs'';
       (7) in section 1421--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     including correctional facilities in the State operated by 
     the Secretary of the Interior or Indian tribes'' after 
     ``locally operated correctional facilities''; and
       (B) in paragraph (3), by inserting ``, including schools 
     funded by the Bureau of Indian Education,'' after ``local 
     schools'';
       (8) in section 1422--
       (A) in subsection (a), by striking ``(including facilities 
     involved in community day programs).'' and inserting 
     ``(including facilities involved in community day programs 
     and facilities in the State that are operated by the 
     Secretary of the Interior or Indian tribes).''; and
       (B) in subsection (d), by inserting ``, schools funded by 
     the Bureau of Indian Education,'' after ``returning to local 
     educational agencies'';
       (9) in section 1423--
       (A) in paragraph (2)--
       (i) in subsection (A), by inserting ``and, as appropriate, 
     an Indian tribe in the State'' after ``program to be 
     assisted''; and
       (ii) in subsection (B), by inserting ``, including such 
     facilities operated by the Secretary of the Interior and 
     Indian tribes'' after ``juvenile justice system'';
       (B) by redesignating paragraphs (4) through (13) as 
     paragraphs (5) through (14), respectively;
       (C) by inserting after paragraph (3) the following:
       ``(4) a description of the process for consultation and 
     coordination with Indian tribes in the State regarding 
     services provided under the program to Indian children and 
     youth;'';
       (D) in paragraph (13), as redesignated by subparagraph (B), 
     by striking ``and'' after the semicolon;
       (E) in paragraph (14), as redesignated by subparagraph (B), 
     by striking the period at the end and inserting ``; and''; 
     and
       (F) by adding at the end the following:
       ``(15) a description of the demographics of the children 
     and youth served and an assurance that the curricula and co-
     curricular activities will be culturally appropriate for such 
     children and youth.'';
       (10) in section 1424 (20 U.S.C. 6454)--
       (A) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) programs for at-risk Indian children and youth, 
     including such individuals in correctional facilities in the 
     area served by the local educational agency that are operated 
     by the Secretary of the Interior or Indian tribes.'';
       (11) by redesignating subpart 3 as subpart 4;
       (12) by redesignating sections 1431 and 1432 as sections 
     1441 and 1442, respectively;
       (13) by inserting after subpart 2 the following:

     ``Subpart 3--Education Programs for Indian Children and Youth

     ``SEC. 1432. GRANTS TO INDIAN TRIBES.

       ``(a) Purpose.--The purpose of this section is to authorize 
     an educational program to be known as the `Indian Children 
     and Youth At-Risk Education Program', which shall--
       ``(1) carry out high quality and culturally appropriate 
     education programs to prepare Indian children and youth who 
     are in correctional facilities (or enrolled in community day 
     programs for neglected or delinquent children and youth) 
     operated by the Secretary of the Interior or Indian tribes 
     for secondary school completion, training, employment, or 
     further education; and
       ``(2) to provide activities to facilitate the transition of 
     such children and youth from the correctional program to 
     further education or employment.
       ``(b) Grants Authorized.--
       ``(1) In general.--From the amount reserved for the 
     Secretary of the Interior under section 1402(c), and subject 
     to paragraph (2), the Secretary of the Interior shall award 
     grants, on a competitive basis, to Indian tribes with high 
     numbers or percentages of children and youth in juvenile 
     detention facilities that are operated by the Secretary of 
     the Interior or Indian tribes in order to enable such Indian 
     tribes to carry out the activities described in section 1434.
       ``(2) Contract in lieu of grant.--At the request of an 
     Indian tribe, the Secretary of the Interior shall enter into 
     a contract under the Indian Self-Determination and Education 
     Assistance Act for operation of a program under this subpart 
     in lieu of making a grant to such tribe.
       ``(3) Notification.--The Secretary of the Interior shall 
     notify Indian tribes of the availability of funding under 
     this subpart.
       ``(c) Tribal Applications.--Each Indian tribe desiring to 
     receive a grant under this subpart shall submit an 
     application to the Secretary of the Interior at such time, in 
     such manner, and accompanied by such information as the 
     Secretary of the Interior may require. Each such application 
     shall include the following:
       ``(1) A description of the program that will be assisted 
     with grant funds under this subpart.

[[Page 9890]]

       ``(2) A description of any formal agreements regarding the 
     program, between the Indian tribe and, as appropriate--
       ``(A) 1 or more local educational agencies;
       ``(B) 1 or more schools funded by the Bureau of Indian 
     Education;
       ``(C) correctional facilities operated by the Secretary of 
     the Interior or Indian tribes;
       ``(D) alternative school programs serving Indian children 
     and youth who are involved with the juvenile justice system; 
     or
       ``(E) tribal, State, private, or public organizations or 
     corporations providing education, skill-building, or reentry 
     services.
       ``(3) As appropriate, a description of how participating 
     entities will coordinate with facilities working with 
     delinquent Indian children and youth to ensure that such 
     children and youth are participating in an education program 
     comparable to the education program in the local school that 
     such youth would otherwise attend.
       ``(4) A description of how the program will develop 
     culturally appropriate academic curricula and co-curricular 
     activities to supplement the educational program provided by 
     a facility working with delinquent Indian children and youth.
       ``(5) A description of the program that the Indian tribe 
     will carry out for Indian children and youth returning from 
     correctional facilities.
       ``(6) As appropriate, a description of the types of 
     services that such tribe will provide for such children and 
     youth and other at-risk children and youth, either directly 
     or in cooperation with local educational agencies and schools 
     funded by the Bureau of Indian Education.
       ``(7) A description of the characteristics (including 
     learning difficulties, substance abuse problems, and other 
     special needs) of the Indian children and youth who will be 
     returning from correctional facilities and, as appropriate, 
     other at-risk Indian children and youth expected to be served 
     by the program.
       ``(8) A description of how the tribe will coordinate the 
     program with existing educational programs of local 
     educational agencies and schools funded by the Bureau of 
     Indian Education to meet the unique educational needs of 
     Indian children and youth who will be returning from 
     correctional facilities and, as appropriate, other at-risk 
     Indian children and youth expected to be served by the 
     program.
       ``(9) As appropriate, a description of how the program will 
     coordinate with existing social, health, and other services 
     to meet the needs of students returning from correctional 
     facilities, including--
       ``(A) prenatal health care;
       ``(B) nutrition;
       ``(C) mental health and substance abuse services;
       ``(D) targeted reentry and outreach programs; and
       ``(E) referrals to community resources related to the 
     health of the child or youth.
       ``(10) A description of partnerships with tribal, State, 
     private or public organizations, or corporations to develop 
     vocational training, curriculum-based youth entrepreneurship 
     education, and mentoring services for participating students.
       ``(11) As appropriate, a description of how the program 
     will involve parents in efforts to--
       ``(A) improve the educational achievement of their 
     children;
       ``(B) assist in dropout prevention activities; and
       ``(C) prevent the involvement of their children in 
     delinquent activities.
       ``(12) A description of how the program under this subpart 
     will be coordinated with other Federal, State, tribal, and 
     local programs, such as programs under title I of Public Law 
     105-220 and vocational and technical education programs 
     serving at-risk children and youth.
       ``(13) A description of how the program will be coordinated 
     with programs operated under the Juvenile Justice and 
     Delinquency Prevent Act of 1974 and other comparable 
     programs, if applicable.
       ``(14) A description of the efforts participating schools 
     will make to ensure that correctional facilities working with 
     children and youth are aware of any existing individualized 
     education programs for such children or youth.
       ``(15) As appropriate, a description of the steps 
     participating schools will take to find alternative 
     placements for children and youth who are interested in 
     continuing their education but unable to participate in a 
     regular school program.
       ``(16) As appropriate, a description of how the program 
     under this subpart will be coordinated with other Federal, 
     State, tribal, and local programs serving at-risk children 
     and youth.
       ``(17) As appropriate, a description of how the program 
     will coordinate with probation officers to assist in meeting 
     the needs of children and youth returning from correctional 
     facilities.
       ``(d) Uses of Funds.--Funds provided to Indian tribes under 
     this subpart may be used for the purposes described in 
     section 1424.
       ``(e) Program Requirements for Correctional Facilities 
     Receiving Funds Under This Subpart.--Each correctional 
     facility entering into an agreement with an Indian tribe 
     under section 1432(2) to provide services to Indian children 
     and youth under this subpart shall--
       ``(1) if feasible, ensure that educational programs in the 
     correctional facility are coordinated with the student's home 
     school, particularly in the case of a student with an 
     individualized education program under part B of the 
     Individuals with Disabilities Education Act;
       ``(2) if a child or youth is identified as in need of 
     special education services while in the correctional 
     facility, notify such child's local school;
       ``(3) provide transition assistance to help the child or 
     youth stay in school, including coordination of services for 
     the family, counseling, assistance in accessing drug and 
     alcohol abuse prevention programs, tutoring, and family 
     counseling;
       ``(4) provide support programs that encourage children and 
     youth who have dropped out of school to reenter school once 
     their term at the correctional facility has been completed, 
     or provide such children and youth with the skills necessary 
     to gain employment or seek a secondary school diploma or its 
     recognized equivalent;
       ``(5) work to ensure that the correctional facility is 
     staffed with teachers and other qualified staff who are 
     trained to work with children and youth with disabilities, 
     taking into consideration the unique needs of such children 
     and youth;
       ``(6) ensure that education programs in the correctional 
     facility aim to help students meet high academic achievement 
     standards;
       ``(7) to the extent possible, use technology to assist in 
     coordinating educational programs between the correctional 
     facility and participating program partners;
       ``(8) where feasible, involve parents in efforts to improve 
     the educational achievement of their children and prevent the 
     further involvement of such children in delinquent 
     activities;
       ``(9) coordinate funds received under this subpart with 
     other local, State, tribal, and Federal funds available to 
     provide services to participating children and youth, such as 
     funds made available under title I of Public Law 105-220, and 
     vocational and technical education funds;
       ``(10) coordinate programs operated under this subpart with 
     activities funded under the Juvenile Justice and Delinquency 
     Prevention Act of 1974 and other comparable programs, if 
     applicable; and
       ``(11) work with local partners to develop training, 
     curriculum-based youth entrepreneurship education, and 
     mentoring programs for children and youth.
       ``(f) Technical Assistance.--At the request of an Indian 
     tribe that receives assistance under this subpart, the 
     Secretary of the Interior may, to the extent resources are 
     available, provide technical assistance--
       ``(1) to improve the performance of a program funded under 
     this subpart;
       ``(2) to recruit and retain qualified educational 
     professionals to assist in the delivery of services under 
     such program; and
       ``(3) to perform the program evaluations required by 
     section 1441.

     ``SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to decrease the number of incarcerated Indian 
     children and youth;
       ``(2) to decrease the rate of high school dropouts among 
     Indian youth;
       ``(3) to provide educational alternatives to incarceration 
     for at-risk Indian children and youth; and
       ``(4) to increase community and family involvement in the 
     education of at-risk Indian children and youth.
       ``(b) Eligible Entities.--In this section, the term 
     eligible entity means--
       ``(1) an Indian tribe, tribal education agency, or tribal 
     organization;
       ``(2) a Bureau-funded school, as defined in section 1141 of 
     the Education Amendments of 1978 (25 U.S.C. 2021);
       ``(3) a correctional facility, in consortium with a tribe, 
     tribal education agency, or tribal organization; or
       ``(4) a State educational agency or local educational 
     agency in consortium with a tribe, tribal education agency or 
     tribal organization, as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).
       ``(c) Program Authorized.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     is authorized to award grants to eligible entities having 
     applications approved under this section to enable such 
     entities to carry out the activities described in subsection 
     (d).
       ``(2) Contracts.--At the request of an Indian tribe, the 
     Secretary shall transfer program funding to the Secretary of 
     the Interior, who shall enter into a contract under the 
     Indian Self-Determination and Education Assistance Act with 
     the tribe for operation of a program under this section in 
     lieu of making a grant to such tribe.
       ``(3) Duration.--Grants awarded under this section shall be 
     for a period of not less than 3 years and not more than 5 
     years.
       ``(d) Authorized Activities.--Grant funds under this 
     section shall be used for activities

[[Page 9891]]

     to provide educational alternatives for Indian youth who have 
     been sentenced to incarceration or juvenile detention, in a 
     manner consistent with the purposes of this section. Such 
     activities may include--
       ``(1) half- or full-day alternative education programs for 
     disruptive youth who are temporarily suspended;
       ``(2) school-based drug and substance abuse prevention 
     programs;
       ``(3) truancy prevention programs;
       ``(4) multi-year alternative educational programs; and
       ``(5) home or community detention programs.
       ``(e) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall include the following:
       ``(1) A description of the program that will be assisted 
     with grant funds under this subpart.
       ``(2) A description of any formal agreements regarding the 
     program, between the Indian tribe and, as appropriate--
       ``(A) 1 or more local educational agencies;
       ``(B) 1 or more schools funded by the Bureau of Indian 
     Education;
       ``(C) correctional facilities operated by the Secretary of 
     the Interior or Indian tribes; or
       ``(D) tribal, State, private, or public organizations or 
     corporations providing education, skill-building, or reentry 
     services.
       ``(3) As appropriate, a description of how the program will 
     develop culturally appropriate academic curriculum and co-
     curricular activities.
       ``(4) As appropriate, a description of the types of 
     services that the eligible entity will provide to at-risk 
     Indian children, youth, and families.
       ``(5) As appropriate, a description of any partnerships 
     with tribal, local, or State law enforcement or judicial 
     systems to provide education alternatives to detention and 
     wrap around services, which may include--
       ``(A) behavioral health services;
       ``(B) family counseling;
       ``(C) teen pregnancy counseling;
       ``(D) substance abuse services;
       ``(E) alcohol abuse services; or
       ``(F) job training.
       ``(6) As appropriate, a description of evaluation 
     activities to develop educational plans for at-risk Indian 
     children and youth who are transitioning back to a local 
     educational agency or earning a secondary school diploma, or 
     the recognized equivalent of a secondary school diploma.
       ``(f) Evaluation.--Each eligible entity that receives a 
     grant under this section shall--
       ``(1) evaluate the grant program, not less than once every 
     3 years, to determine the program's success, consistent with 
     the purposes of this section; and
       ``(2) prepare and submit a report containing the 
     information described in paragraph (1) to the Secretary, the 
     Coordinating Council on Juvenile Justice and Delinquency 
     Prevention, and Indian tribes.
       ``(g) Definition.--The term ``tribal education agency'' 
     means--
       ``(1) the authorized governmental agency of a federally-
     recognized American Indian and Alaska Native tribe (as 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b)) that is primarily 
     responsible for regulating, administering, or supervising the 
     formal education of tribal members; and
       ``(2) includes tribal education departments, tribal 
     divisions of education, tribally sanctioned education 
     authorities, tribal education administrative planning and 
     development agencies, tribal education agencies, and tribal 
     administrative education entities.
       ``(h) Authorization of Appropriations.--For the purpose of 
     carrying out this subpart, there are authorized to be 
     appropriated $2,000,000 for fiscal year 2012 and such sums as 
     may be necessary for each of the 5 succeeding fiscal 
     years.'';
       (14) in section 1441, as redesignated by paragraph (12)--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Each State agency or local educational agency that conducts 
     a program under subpart 1 or 2 shall'' and inserting ``Each 
     State agency, local educational agency, or Indian tribe that 
     conducts a program evaluation under subpart 1, 2, or 3 
     shall''; and
       (ii) in paragraph (3), by inserting ``or school funded by 
     the Bureau of Indian Education'' after ``local educational 
     agency'';
       (B) in subsection (c), by striking ``a State agency or 
     local educational agency'' and inserting ``a State agency, 
     local educational agency, or Indian tribe''; and
       (C) by striking subsection (d) and inserting the following:
       ``(d) Evaluation Results.--
       ``(1) In general.--Each State agency, local educational 
     agency, and Indian tribe shall--
       ``(A) submit evaluation results to the State educational 
     agency and the Secretary; and
       ``(B) use the results of evaluations under this section to 
     plan and improve subsequent programs for participating 
     children and youth.
       ``(2) Indian tribes.--Each Indian tribe shall also submit 
     evaluation results to the Secretary of the Interior.
       ``(e) Evaluation of Programs for At-Risk Indian Youth.--
       ``(1) In general.--Not later than 4 years after the date of 
     enactment of the Native Culture, Language, and Access for 
     Success in Schools Act, the Secretary and the Secretary of 
     the Interior, in collaboration with the Attorney General, 
     shall prepare a report that--
       ``(A) compiles demographic information about at-risk Indian 
     youth, including Indian youth in correctional facilities 
     operated by the Department of the Interior and Indian tribes;
       ``(B) evaluates existing educational programs for at-risk 
     Indian youth; and
       ``(C) provides recommendations for improvement of such 
     educational programs.
       ``(2) Submission to congressional committees.--The 
     Secretary and the Secretary of the Interior shall submit the 
     report described in paragraph (1) to the Health, Education, 
     Labor and Pensions Committee and the Indian Affairs Committee 
     of the Senate, the Committee on Education and the Workforce 
     and the Committee on Natural Resources of the House of 
     Representatives, and to Indian tribes.'';
       (15) in section 1442, as redesignated by paragraph (12), by 
     inserting at the end the following:
       ``(5) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, other organized group or 
     community, including any Alaska Native village or Regional 
     Corporation or Village Corporation as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act (42 U.S.C. 1601 et seq.), which is recognized as eligible 
     for the special programs and services provided by the United 
     States to Indians because of their status as Indians.''; and
       (16) in section 1903(b)(2)--
       (A) in subparagraph (F), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (G), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(H) representatives of Indian tribes located in the 
     State.''.

 Subtitle B--Preparing, Training, and Recruiting High Quality Teachers 
                             and Principals

     SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH QUALITY 
                   TEACHERS AND PRINCIPALS.

       Title II (20 U.S.C. 6601 et seq.) is amended--
       (1) in part A--
       (A) by striking paragraph (3) of section 2102 (20 U.S.C. 
     6602) and inserting the following:
       ``(3) High-need local educational agency.--The term `high-
     need local educational agency' means--
       ``(A) a local educational agency--
       ``(i)(I) that serves not fewer than 10,000 children from 
     families with incomes below the poverty line; or
       ``(II) for which not less than 20 percent of the children 
     served by the agency are from families with incomes below the 
     poverty line; and
       ``(ii)(I) for which there is a high percentage of teachers 
     not teaching in the academic subjects or grade levels that 
     the teachers were trained to teach; or
       ``(II) for which there is a high percentage of teachers 
     with emergency, provisional, or temporary certification or 
     licensing; or
       ``(B) a school funded by the Bureau of Indian Education.'';
       (B) by striking clause (ii) of section 2111(b)(1)(A) (20 
     U.S.C. 6611(b)(1)(A)) and inserting the following:
       ``(ii) 5 percent for the Secretary of the Interior to be 
     distributed to schools operated or funded by the Bureau of 
     Indian Education, as provided in section 2123(c).'';
       (C) in section 2113(c)(18) (20 U.S.C. 6613(c)(18))--
       (i) in subparagraph (A) by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by inserting at the end the following:
       ``(C) provides access to clearinghouse information to 
     schools in the State that are funded by the Bureau of Indian 
     Education.'';
       (D) in section 2122 (20 U.S.C. 6622)--
       (i) in subsection (b)--

       (I) in paragraph (2), by inserting ``, including Indian 
     students,'' after ``minority students''; and
       (II) in paragraph (9)--

       (aa) in subparagraph (C) by striking ``and'' after the 
     semicolon;
       (bb) in subparagraph (D) by striking the period at the end 
     and inserting ``; and''; and
       (cc) by adding at the end the following:
       ``(E) for teachers in schools that serve Indian children, 
     become familiar with the Indian communities served by the 
     local educational agency and incorporate culturally 
     responsive teaching and learning strategies for Indian 
     children into the educational program.''; and
       (ii) in subsection (c), by inserting ``, in the case of a 
     local educational agency that serves an Indian tribal 
     community, representatives of Indian tribes,'' after ``part A 
     of title I'';
       (E) in section 2123 (20 U.S.C. 6623)--
       (i) in subsection (a)(3)--

       (I) in subparagraph (B)--

       (aa) in clause (ii), by inserting ``students from Indian 
     reservation communities,'' after ``(including students who 
     are gifted and talented),'';

[[Page 9892]]

       (bb) in clause (iv), by striking ``limited English 
     proficient and immigrant children; and'' and inserting 
     ``children from Indian reservation communities, limited 
     English proficient children, and immigrant children;''
       (cc) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (dd) by inserting at the end the following:
       ``(vi) in the case of a local educational agency that 
     serves Indian children, provide training in effective 
     incorporation of culturally responsive teaching and learning 
     strategies for Indian children.''; and

       (II) in subparagraph (D), by inserting ``Indian students,'' 
     after ``disadvantaged families,''; and

       (ii) by adding at the end the following:
       ``(c) Bureau of Indian Education Schools.--A school funded 
     by the Bureau of Indian Education that receives funds 
     reserved under section 2111(b)(1)(A)(ii) shall use such funds 
     to carry out 1 or more of the activities described in 
     subsection (a), and may use such funds to improve housing, as 
     needed to recruit and retain highly-qualified teachers and 
     principals.'';
       (F) in section 2131(1) (20 U.S.C. 6631(1))--
       (i) in subparagraph (A)(i) by inserting ``, or a tribally 
     controlled college or university (as defined in section 2 of 
     the Tribally Controlled Colleges and Universities Assistance 
     Act of 1978 (25 U.S.C. 1801))'' after ``principals''; and
       (ii) in subparagraph (B) by inserting ``an Indian tribe,'' 
     after ``principal organization,'';
       (G) by inserting after subpart 5, the following:

            ``Subpart 6--Indian Educator Scholarship Program

     ``SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.

       ``(a) Grants Authorized.--In order to carry out the United 
     States trust responsibility for the education of Indian 
     children, and to provide a more stable base of education 
     professionals to serve in public elementary schools and 
     secondary schools with a significant number of Indian 
     students and schools funded by the Bureau of Indian 
     Education, the Secretary shall make scholarship grants to 
     Indians who are enrolled full- or part-time in appropriately 
     accredited institutions of higher education and pursuing a 
     course of study in elementary and secondary education or 
     school administration. Such scholarships shall be designated 
     Indian educator scholarships and shall be made in accordance 
     with this section.
       ``(b) Eligibility.--
       ``(1) In general.--The Secretary shall determine the 
     applicants who will receive scholarships under subsection 
     (a).
       ``(2) Criteria.--In order to be eligible for participation 
     in the Indian educator scholarship program, an individual 
     must--
       ``(A) be an Indian, as defined in section 7151;
       ``(B) be accepted for enrollment, or be enrolled, as a 
     full- or part-time student in a course of study in elementary 
     and secondary education or school administration at an 
     appropriately accredited institution of higher education;
       ``(C) submit an application to participate in the Indian 
     educator scholarship program at such time and in such manner 
     as the Secretary shall determine; and
       ``(D) sign and submit to the Secretary at the time that 
     such application is submitted, a written contract, as 
     described in subsection (c).
       ``(c) Contents of Contract.--
       ``(1) In general.--The written contract between the 
     Secretary and the individual, as described in subsection 
     (b)(2)(D), shall contain the following:
       ``(A) A statement that the Secretary agrees to provide the 
     individual with a scholarship, as described in subsection 
     (d), in each school year or years for a period during which 
     such individual is pursuing a course of study in elementary 
     and secondary education or school administration at an 
     appropriately accredited institution of higher education.
       ``(B) A statement that the individual agrees--
       ``(i) to accept provision of the Indian educator 
     scholarship;
       ``(ii) to maintain enrollment in such course of study until 
     the individual completes the course of study;
       ``(iii) while enrolled in such course of study, to maintain 
     an acceptable level of academic standing (as determined by 
     the Secretary, taking into account the requirements of the 
     educational institution offering such course of study); and
       ``(iv) to serve through full-time employment at an eligible 
     school for a time period (referred to in this section as the 
     `period of obligated service') equal to the greater of--

       ``(I) 1 year for the equivalent of each school year for 
     which the individual was provided a scholarship under the 
     Indian educator scholarship program; or
       ``(II) 2 years.

       ``(C) A statement of the damages to which the United States 
     is entitled, under subsection (e), for the individual's 
     breach of the contract.
       ``(D) Such other statement of the rights and liabilities of 
     the Secretary and of the individual, in accordance with the 
     provisions of this section.
       ``(2) Period of obligated service.--
       ``(A) Eligible schools.--An individual shall meet the 
     requirement for the period of obligated service under the 
     written contract between the individual and the Secretary, as 
     described in paragraph (1), if such individual is employed 
     full-time--
       ``(i) in a school funded by the Bureau of Indian Education; 
     or
       ``(ii) in a public school that serves a significant number 
     of Indian students.
       ``(B) Deferment for advanced study.--At the request of an 
     individual who has entered into a contract described in this 
     subsection and who has receive a baccalaureate degree in 
     education, the Secretary shall defer the period of obligated 
     service of such individual under such contract to enable such 
     individual to complete a course of study leading to an 
     advanced degree in education, or needed to become certified 
     for an appropriate period (in years, as determined by the 
     Secretary), subject to the following conditions:
       ``(i) A period of advanced study shall not be counted as 
     satisfying any period of obligated service that is required 
     under this section.
       ``(ii) The period of obligated service of the individual 
     shall commence at the later of--

       ``(I) 90 days after the completion of the advanced course 
     of study;
       ``(II) at the commencement of the first school year that 
     begins after the completion of the advanced course of study; 
     or
       ``(III) by a date specified by the Secretary.

       ``(C) Part-time study.--In the case of an individual 
     receiving a scholarship under this section who is enrolled 
     part-time in an approved course of study--
       ``(i) a scholarship under this section shall be for a 
     period of years not to exceed the part-time equivalent of 4 
     years, as determined by the Secretary;
       ``(ii) the period of obligated service shall be equal to 
     the greater of--

       ``(I) the part-time equivalent of 1 year for each year for 
     which the individual was provided a scholarship, as 
     determined by the Secretary; or
       ``(II) 2 years; and

       ``(iii) the amount of the monthly stipend specified in 
     subsection (d) shall be reduced pro rata, as determined by 
     the Secretary, based on the number of hours of study in which 
     such individual is enrolled.
       ``(d) Scholarship.--
       ``(1) In general.--A scholarship provided to a student 
     under the Indian educator scholarship program for a school 
     year shall consist of payment to, or in accordance with 
     paragraph (2), on behalf of, the student in the amount of--
       ``(A) the tuition of the student for the school year or, 
     for a part-time student, the tuition for the appropriate 
     portion of the school year;
       ``(B) all other reasonable educational expenses, including 
     fees, books, and laboratory expenses, incurred by the student 
     in such school year; and
       ``(C) a stipend of $800 per month (adjusted in accordance 
     with paragraph (3)) for each of the 12 consecutive months 
     beginning with the first month of such school year.
       ``(2) Payment to an institution of higher education.--The 
     Secretary may contract with an institution of higher 
     education in which a participant in the Indian educator 
     scholarship program is enrolled for the payment to such 
     institution of the amounts of tuition and other reasonable 
     educational expenses described in subparagraph (A) and (B) of 
     paragraph (1). Payment to such institution may be made 
     without regard to section 3324(a) and (b) of title 31.
       ``(3) Stipend.--The amount of the monthly stipend described 
     in paragraph (1)(C) shall be increased by the Secretary for 
     each school year ending in a fiscal year beginning after 
     September 30, 2011, by an amount (rounded to the next highest 
     multiple of $1) equal to the amount of such stipend 
     multiplied by the overall percentage (under section 5303 of 
     title 5) of the adjustment (if such adjustment is an 
     increase) in the rates of pay under the General Schedule made 
     effective in the fiscal year in which such school year ends.
       ``(e) Liability; Failure to Complete the Period of 
     Obligated Service; Repayment.--
       ``(1) Liability.--An individual who has entered into a 
     written contract with the Secretary under this section shall 
     be liable to the United States for the amount which has been 
     paid to, or on behalf of, such individual under the contract, 
     if such individual--
       ``(A) fails to maintain an acceptable level of academic 
     standing in the institution of higher education in which the 
     individual is enrolled (as determined by the Secretary taking 
     into account the requirements of the educational institution 
     offering such course of study);
       ``(B) is dismissed from such institution of higher 
     education for disciplinary reasons;
       ``(C) voluntarily terminates the training in such 
     institution of higher education for which such individual is 
     provided a scholarship under such contract before the 
     completion of such training; or
       ``(D) fails to accept payment, or instructs the institution 
     of higher education in which such individual is enrolled not 
     to accept payment, under this section.
       ``(2) Failure to complete the period of obligated 
     service.--
       ``(A) In general.--Subject to paragraph (C), if for any 
     reason not specified in paragraph (1), an individual breaches 
     the written

[[Page 9893]]

     contract under this section by failing either to begin such 
     individual's period of obligated service or failing to 
     complete such obligation, the United States shall be entitled 
     to recover from the individual an amount determined in 
     accordance with the following formula:

                            ``A=3Z(t - s/t)

       ``in which--
       ``(i) `A' is the amount the United States is entitled to 
     recover;
       ``(ii) `Z' is the sum of the amounts paid under this 
     section to, or on behalf of, the individual and the interest 
     on such amounts which would be payable if, at the time the 
     amounts were paid, they were loans bearing interest at the 
     maximum legal prevailing rate, as determined by the Treasurer 
     of the United States;
       ``(iii) `t' is the total number of months in the 
     individual's period of obligated service in accordance with 
     subsection (c)(2) of this section; and
       ``(iv) `s' is the number of months of such period served by 
     such individual in accordance with this section.
       ``(B) Amounts not paid.--Amounts not paid within such 
     period shall be subject to collection through deductions in 
     Medicare payments pursuant to section 1395ccc of title 42.
       ``(C) Delay in the period of obligated service.--An 
     individual who has entered into a written contract with the 
     Secretary under this section may petition the Secretary to 
     delay the date on which the individual would otherwise be 
     required to begin the period of obligated service if such 
     individual has not succeeded in obtaining employment required 
     by this section. In support of such petition, the individual 
     shall supply such reasonable information as the Secretary may 
     require. The Secretary shall retain full discretion whether 
     to grant or decline such a delay and to determine the 
     duration of any delay that is granted.
       ``(3) Repayment.--
       ``(A) In general.--Any amount of damages which the United 
     States is entitled to recover under this subsection shall be 
     paid to the United States within the 1-year period beginning 
     on the date of the breach or such longer period beginning on 
     such date as shall be specified by the Secretary.
       ``(B) Recovery of damages.--If damages described in 
     subparagraph (A) are delinquent for 3 months, the Secretary 
     shall, for the purpose of recovering such damages--
       ``(i) utilize collection agencies contracted with by the 
     Administrator of the General Services Administration; or
       ``(ii) enter into contracts for the recovery of such 
     damages with collection agencies selected by the Secretary.
       ``(C) Contracts for recovery of damages.--Each contract for 
     recovering damages pursuant to this subsection shall provide 
     that the contractor will, not less than once every 6 months, 
     submit to the Secretary a status report on the success of the 
     contractor in collecting such damages. Section 3718 of title 
     31 shall apply to any such contract to the extent not 
     inconsistent with this subsection.
       ``(4) Death.--Upon the death of an individual who receives, 
     or has received, an Indian educator scholarship, any 
     obligation of such individual for service or payment that 
     relates to such scholarship shall be canceled.
       ``(5) Waiver.--
       ``(A) Required waiver.--The Secretary shall provide for the 
     partial or total waiver or suspension of any obligation of 
     service or payment of a recipient of an Indian educator 
     scholarship, if the Secretary determines that--
       ``(i) it is not possible for the recipient to meet the 
     obligation or make the payment;
       ``(ii) requiring the recipient to meet the obligation or 
     make the payment would result in extreme hardship to the 
     recipient; or
       ``(iii) the enforcement of the requirement to meet the 
     obligation or make the payment would be unconscionable.
       ``(B) Permissible waiver.--Notwithstanding any other 
     provision of law, in any case of extreme hardship or for 
     other good cause shown, the Secretary may waive, in whole or 
     in part, the right of the United States to recover funds made 
     available under this section.
       ``(6) Bankruptcy.--
       ``(A) In general.--Subject to subparagraph (B), and 
     notwithstanding any other provision of law, with respect to a 
     recipient of an Indian educator scholarship, no obligation 
     for payment may be released by a discharge in bankruptcy 
     under title 11.
       ``(B) Exception.--The prohibition described in subparagraph 
     (A) shall not apply if--
       ``(i) such discharge is granted after the expiration of the 
     5-year period beginning on the initial date on which that 
     payment is due; and
       ``(ii) the bankruptcy court finds that the nondischarge of 
     the obligation would be unconscionable.
       ``(f) Placement Assistance.--The Secretary shall assist the 
     recipient of an Indian educator scholarship in learning about 
     placement opportunities in eligible schools by transmitting 
     the name and educational credentials of such recipient to--
       ``(1) State educational agency clearinghouses for 
     recruitment and placement of kindergarten, elementary school, 
     and secondary school teachers and administrators in States 
     with a substantial number of Indian children;
       ``(2) elementary schools and secondary schools funded by 
     the Bureau of Indian Education; and
       ``(3) tribal education agencies (as defined in section 
     1116A(b)).
       ``(g) Other Provisions.--Notwithstanding any other 
     provision of this title, sections 2101, 2102, 2103, and 
     subparts 1 through 5 of this part shall not apply to a grant 
     or scholarship awarded under this section.
       ``(h) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $50,000,000 for fiscal year 2012, and each of 
     the 5 succeeding fiscal years.''.
       (2) in part B, by striking subparagraph (B) of section 
     2202(a)(2) (20 U.S.C. 6662(a)(2)) and inserting the 
     following:
       ``(B) Allotment.--From the amount made available under this 
     part for a fiscal year and not reserved under subparagraph 
     (A)(i), the Secretary shall allot--
       ``(i) one-half of one percent to the Secretary of the 
     Interior for grants involving schools funded by the Bureau of 
     Education; and
       ``(ii) the amount remaining after funds are distributed in 
     accordance with clause (i), to the State educational agencies 
     in proportion to the number of children aged 5 to 17, who are 
     from families with incomes below the poverty line and reside 
     in a State for the most recent fiscal year for which 
     satisfactory data are available, as compared to the number of 
     such children who reside in all such States for such year.''; 
     and
       (3) in part C--
       (A) in section 2302(b)(2) by striking ``or public charter 
     schools'' and inserting ``, public charter schools, or 
     schools funded by the Bureau of Indian Education'';
       (B) in section 2304--
       (i) in subsection (a)(1)(B), by inserting ``or with a 
     school funded by the Bureau of Indian Education,'' after 
     section ``2101''; and
       (ii) in subsection (d)(3), in the matter preceding 
     subparagraph (A), by striking ``or public charter school'' 
     and inserting ``public charter school, or school funded by 
     the Bureau of Indian Education''.

             Subtitle C--Native American Languages Programs

     SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS 
                   THROUGH NATIVE AMERICAN LANGUAGES PROGRAMS.

       Subpart 1 of part A of title III of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6821 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN 
                   STUDENTS THROUGH NATIVE AMERICAN LANGUAGES 
                   PROGRAMS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to improve the academic achievement of American 
     Indian and Alaska Native students through Native American 
     languages programs; and
       ``(2) to foster the acquisition of Native American 
     languages.
       ``(b) Definitions.--In this section:
       ``(1) Average.--The term `average', when used with respect 
     to the number of hours of instruction through the use of a 
     Native American language, means the aggregate number of hours 
     of instruction through the use of a Native American language 
     to all students enrolled in a Native American language 
     program during a school year divided by the total number of 
     students enrolled in the program.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a local educational agency;
       ``(B) an Indian tribe;
       ``(C) an Indian organization;
       ``(D) a federally supported elementary school or secondary 
     school for Indian children;
       ``(E) an Indian institution (including an Indian 
     institution of higher education); or
       ``(F) a consortium of any of the entities described in 
     subparagraphs (A) through (E).
       ``(c) Grants Authorized.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out the 
     activities described in this section.
       ``(2) Duration.--
       ``(A) In general.--The Secretary shall award grants under 
     this section on a multi-year basis for a duration of not less 
     than 4 years.
       ``(B) Renewal.--Grants awarded under this section may be 
     renewed.
       ``(d) Applications.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require, in 
     addition to the information required in this section.
       ``(2) Contents.--An application submitted under paragraph 
     (1) shall include a certification from the eligible entity 
     that the entity has not less than 3 years of experience in 
     operating and administering a Native American language 
     program or any other educational program in which instruction 
     is conducted in a Native American language.

[[Page 9894]]

       ``(e) Uses of Grant Funds.--
       ``(1) Required uses.--An eligible entity that receives a 
     grant under this section shall use the grant funds for the 
     following activities:
       ``(A) Native American language programs, which are site-
     based educational programs that--
       ``(i) provide instruction through the use of a Native 
     American language for not less than 10 children for an 
     average of not less than 500 hours;
       ``(ii) provide for the involvement of parents (or legal 
     guardians) of students participating in such a program;
       ``(iii) develop instructional courses and materials for 
     learning Native American languages and for instruction 
     through the use of Native American languages;
       ``(iv) provide for teacher training; and
       ``(v) work toward a goal of all students participating in 
     such a program achieving--

       ``(I) fluency in a Native American language; and
       ``(II) academic proficiency in mathematics, English, 
     reading (or language arts), and science.

       ``(B) Native American language restoration programs, which 
     are educational programs that--
       ``(i) provide instruction in at least 1 Native American 
     language;
       ``(ii) provide training programs for teachers of Native 
     American languages;
       ``(iii) develop instructional materials for the programs; 
     and
       ``(iv) work toward a goal of increasing proficiency and 
     fluency for participating students in at least 1 Native 
     American language.
       ``(2) Permissible uses.--An eligible entity that receives a 
     grant under this section may use the grant funds for--
       ``(A) Native American language and culture camps;
       ``(B) Native American language programs provided in 
     coordination and cooperation with educational entities;
       ``(C) Native American language programs provided in 
     coordination and cooperation with local institutions of 
     higher education;
       ``(D) Native American language programs that use a master-
     apprentice model of learning languages;
       ``(E) Native American language programs provided through a 
     regional program to better serve geographically dispersed 
     students;
       ``(F) Native American language teacher training programs, 
     such as training programs in Native American language 
     translation for fluent speakers, training programs for Native 
     American language teachers, training programs for teachers in 
     schools to utilize Native American language materials, tools, 
     and interactive media to teach a Native American language; 
     and
       ``(G) the development of Native American language 
     materials, such as books, audio and visual tools, and 
     interactive media programs.
       ``(f) Assurance.--A eligible entity awarded a grant under 
     this section shall provide an assurance that each instructor 
     of a Native American language under a program supported with 
     grant funds under this section is certified to teach such 
     language by the Indian tribe whose language will be taught.
       ``(g) Evaluation.--After the completion of the fourth year 
     of a grant awarded under this section, the Secretary shall--
       ``(1) carry out a comprehensive evaluation of the programs 
     carried out by the grantee with grant funds; and
       ``(2) provide a report on the evaluation to the grantee, 
     the tribe or tribes whose children are served by the program, 
     and parents of the children served.
       ``(h) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $15,000,000 for fiscal year 2012 and each of the 
     5 succeeding fiscal years.''.

     SEC. 132. STATE AND TRIBAL EDUCATION AGENCY AGREEMENTS.

       Title III of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end 
     the following:

       ``Subpart 5--State and Tribal Education Agency Agreements

     ``SEC. 3151. STATE AND TRIBAL EDUCATION AGENCY AGREEMENTS.

       ``(a) Purpose.--The purpose of this section is to 
     facilitate efforts by tribal education agencies and State 
     educational agencies to partner with each other in order to--
       ``(1) improve the academic achievement of Indian children 
     and youth who reside on reservations and tribal lands; and
       ``(2) promote tribal self-determination in education.
       ``(b) Definition.--The term `tribal education agency' means 
     an agency or administrative unit of an Indian tribe that is 
     authorized by the tribe to have primary responsibility for 
     regulating, administering, or supervising early learning or 
     elementary and secondary education on reservations or tribal 
     lands.
       ``(c) Authority for Eligible Tribal Education Agencies.--
       ``(1) In general.--In order to receive the authority and 
     funds authorized under paragraph (3), an eligible tribal 
     education agency shall enter into an agreement, subject to 
     approval by the Secretary, with the appropriate State 
     educational agency to assume the State educational agency's 
     responsibility for carrying out activities specified in the 
     agreement under 1 or more of the programs identified in 
     paragraph (3)(B)(ii) on the eligible tribal education 
     agency's reservation or tribal lands.
       ``(2) Eligibility.--In order for a tribal education agency 
     to receive the authority or funds described in paragraph (3), 
     pursuant to an agreement with the State educational agency--
       ``(A) the eligible tribal education agency's tribe must 
     have a reservation or tribal lands (which may be an Alaska 
     Native village), as recognized under Federal or State law, on 
     which 1 or more publicly administered schools are operating 
     under State law; and
       ``(B) not less than 50 percent of the students enrolled in 
     each such school must be Indians.
       ``(3) Eligible tribal education agency with an approved 
     agreement.--In the case of an eligible tribal education 
     agency that has an approved agreement in place, as described 
     in paragraph (1), the Secretary shall, consistent with the 
     agreement--
       ``(A) treat the eligible tribal education agency as a State 
     educational agency for the purposes of--
       ``(i) carrying out on the reservation or tribal lands, the 
     activities specified in the agreement under 1 or more of the 
     programs listed in subparagraph (B)(ii); and
       ``(ii) section 444 of the General Education Provisions Act 
     (20 U.S.C. 1232g, commonly known as the `Family Educational 
     Rights and Privacy Act of 1974'); and
       ``(B) provide, or have the State educational agency 
     provide, to the eligible tribal education agency a proportion 
     of the funds that are available to--
       ``(i) carry out State-level activities; and
       ``(ii) as applicable, award subgrants under 1 or more of 
     the following programs, as provided for in the agreement:

       ``(I) State grants under part A of title I.
       ``(II) Grants under this Act that support school turnaround 
     efforts.
       ``(III) Grants under this Act for the purpose of assessing 
     achievement.
       ``(IV) The teacher and principal training and recruiting 
     fund under part A of title II.
       ``(V) Grants under the English Language Acquisition, 
     Language Enhancement, and Academic Achievement Act under part 
     A of title III.
       ``(VI) The education of migratory children program under 
     part C of title I.
       ``(VII) Grants provided for the education of homeless 
     children and youth.
       ``(VIII) Prevention and intervention programs for children 
     and youth who are neglected, delinquent, or at-risk under 
     part D of title I.
       ``(IX) Programs under this Act for rural and low-income 
     schools.

       ``(4) Eligible tribal education agency without an approved 
     agreement.--In the case of an eligible tribal education 
     agency that has not yet entered into an agreement, as 
     described in paragraph (1), the Secretary may provide 
     technical assistance to the eligible tribal education agency 
     in order to facilitate such an agreement.
       ``(d) Applications.--
       ``(1) In general.--An eligible tribal education agency that 
     desires to receive the authority or funds described in 
     paragraph (c)(3), pursuant to an agreement with a State 
     educational agency, shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(2) Application from an eligible tribal education agency 
     that has an agreement.--An application from an eligible 
     tribal education agency that has an agreement in place with 
     the State educational agency and is seeking the Secretary's 
     approval of such agreement, in order to gain the authority 
     and funds described under subsection (c)(3), shall--
       ``(A) describe the eligible tribal education agency's 
     current role and responsibilities on the reservation or 
     tribal lands; and
       ``(B) provide a copy of the agreement described under 
     subsection (c)(1), which shall, at a minimum--
       ``(i) identify each program listed in subsection 
     (c)(3)(B)(ii) for which the applicant will assume some or all 
     of the State-level responsibility on the reservation or 
     tribal lands under the agreement;
       ``(ii) describe the State-level activities that the tribal 
     education agency will carry out under such program, and the 
     division of roles and responsibilities between the tribal 
     education agency and the State educational agency in carrying 
     out such activities, including, if applicable, any division 
     of responsibility for awarding subgrants to local educational 
     agencies;
       ``(iii) identify the administrative and fiscal resources 
     that the applicant will have available to carry out such 
     activities; and
       ``(iv) provide evidence of any other collaboration with the 
     State educational agency in administering State-level 
     activities for the programs listed in subsection 
     (c)(3)(B)(ii).
       ``(3) Application from an eligible tribal education agency 
     that has not yet entered into an agreement with a state 
     educational agency.--An application from an eligible tribal 
     education agency that has not yet entered into an agreement 
     with a State

[[Page 9895]]

     educational agency, as described under subsection (c)(1), 
     shall include a description of--
       ``(A) the program authority that the eligible tribal 
     education agency would like to obtain and the State-level 
     activities that the eligible tribal education agency would 
     like to carry out;
       ``(B) the eligible tribal education agency's role and 
     responsibilities on the reservation or tribal lands and 
     administrative and fiscal capability and resources at the 
     time of the application; and
       ``(C) the proposed process and time period for entering 
     into the agreement described under subsection (c)(1).
       ``(e) Special Rule.--If the tribal education agency and 
     State educational agency are unable to reach an agreement 
     that the Secretary approves, the Secretary may, at the 
     request of either agency and for a reasonable period, use all 
     or a portion of the State's administrative funds for the 
     program listed in subsection (c)(3)(B)(ii) for which an 
     application is made, in order to facilitate an agreement 
     (such as through alternative dispute resolution).
       ``(f) Review and Reporting.--
       ``(1) Review.--The Secretary shall require an eligible 
     tribal education agency and a State educational agency that 
     have an approved agreement to--
       ``(A) periodically review the agreement; and
       ``(B) if appropriate, revise the agreement and submit the 
     revised agreement to the Secretary for approval.
       ``(2) Report.--An eligible tribal education agency and a 
     State educational agency that have an approved agreement 
     shall report to the Secretary every 2 years about the 
     effectiveness of the agreement.''.

                    Subtitle D--21st Century Schools

     SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN 
                   STUDENTS.

       Subpart 2 of part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN 
                   STUDENTS.

       ``From funds made available to carry out this subpart, the 
     Secretary shall--
       ``(1) establish a program to improve school environments 
     and student skill development for healthy choices for Native 
     American students, including--
       ``(A) prevention regarding--
       ``(i) alcohol and drug misuse;
       ``(ii) suicide;
       ``(iii) violence;
       ``(iv) pregnancy; and
       ``(v) obesity;
       ``(B) nutritious eating programs; and
       ``(C) anger and conflict management programs;
       ``(2) establish a program for school dropout prevention for 
     Native American students; and
       ``(3) collaborate with the Secretary of Agriculture to 
     establish tribal-school specific school gardens and nutrition 
     programs that are within the tribal cultural context.''.

    Subtitle E--Indian, Native Hawaiian, and Alaska Native Education

     SEC. 151. PURPOSE.

       Section 7102 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7402) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Purpose.--It is the purpose of this subpart to 
     support the efforts of local educational agencies, Indian 
     tribes and organizations, postsecondary institutions, and 
     other entities to improve the academic achievement of 
     American Indian and Alaska native students by meeting their 
     unique cultural, language, and educational needs.''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) strengthening American Indian and Alaska Native 
     students' knowledge of their languages, history, traditions, 
     and cultures;''.

     SEC. 152. PURPOSE OF FORMULA GRANTS.

       Section 7111 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7421) is amended to read as follows:

     ``SEC. 7111. PURPOSE.

       ``It is the purpose of this subpart to support the efforts 
     of local educational agencies to develop elementary school 
     and secondary school programs for Indian students that are 
     designed to meet the unique cultural, language and 
     educational needs of such students.''.

     SEC. 153. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

       Section 7112 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7422) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) Grant awards.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Consortia.--
       ``(A) In general.--Two or more local educational agencies 
     may form a consortium to apply for and carry out a program 
     under this subpart, as long as each local educational agency 
     participating in the consortium--
       ``(i) provides an assurance to the Secretary that the 
     eligible Indian children served by such local educational 
     agency receive the services of the programs funded under this 
     subpart; and
       ``(ii) shall be subject to all requirements, assurances, 
     and obligations applicable to local educational agencies 
     under this subpart.
       ``(B) Applicability.--The Secretary shall treat each 
     consortium described in subparagraph (A) as if such 
     consortium were a local educational agency for purposes of 
     this subpart.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Enrollment requirements.--
       ``(A) In general.--Subject to subparagraph (B), a local 
     educational agency shall be eligible for a grant under this 
     subpart for any fiscal year if the number of Indian children 
     eligible under section 7117 who were enrolled in the schools 
     of the agency, and to whom the agency provided free public 
     education, during the preceding fiscal year--
       ``(i) was at least 10; or
       ``(ii) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(B) Special rule.--Notwithstanding any other provision of 
     this Act, in any case where an Indian tribe that represents a 
     plurality of the eligible Indian children who are served by a 
     local educational agency eligible for a grant under this 
     subpart requests that the local educational agency enter into 
     a cooperative agreement with such tribe to assist in the 
     planning and operation of the program funded by such grant, 
     the local educational agency shall enter into such an 
     agreement as a condition for receiving funds under this 
     subpart.''; and
       (B) in paragraph (2), by striking ``a reservation'' and 
     inserting ``an Indian reservation'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``such grant, an'' and 
     inserting the following: ``such grant--
       ``(A) an Indian tribe that represents a plurality of the 
     eligible Indian children who are served by such local 
     educational agency may apply for such grant; or
       ``(B) a consortium of Indian tribes representing a 
     plurality of the eligible Indian children who are served by 
     such local educational agency may apply for such grant.''; 
     and
       (B) in paragraph (2)--
       (i) by inserting ``or consortium of Indian tribes'' after 
     ``each Indian tribe'';
       (ii) by inserting ``or such consortium'' after ``such 
     Indian tribe''; and
       (iii) by inserting ``or consortium'' after ``any such 
     tribe''; and
       (4) by adding at the end the following:
       ``(d) Indian Committee.--If neither a local educational 
     agency pursuant to subsection (b), nor an Indian tribe or 
     consortium of Indian tribes pursuant to subsection (c), 
     applies for a grant under this subpart, a committee of Indian 
     individuals in the community of the local educational agency 
     may apply for such grant and the Secretary shall apply the 
     special rule in subsection (c)(2) to such committee in the 
     same manner as such rule applies to an Indian tribe or 
     consortium of Indian tribes.''.

     SEC. 154. AMOUNT OF GRANTS.

       Section 7113 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7423) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``$3,000'' and inserting 
     ``$10,000'';
       (B) in paragraph (2)--
       (i) by inserting ``and Indian tribes'' after ``Local 
     educational agencies''; and
       (ii) by inserting ``and operating programs'' after 
     ``obtaining grants''; and
       (C) by striking ``$4,000'' and inserting ``$15,000''; and
       (2) in subsection (d)--
       (A) in the subsection heading, by striking ``Affairs'' and 
     inserting ``Education''; and
       (B) in paragraph (1)(A)(i), by striking ``Affairs'' and 
     inserting ``Education''.

     SEC. 155. APPLICATIONS.

       Section 7114 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7424) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``is consistent with 
     the State and local'' and inserts ``supports the State, 
     tribal, and local''; and
       (ii) in subparagraph (B), by striking ``, that are'' and 
     all that follows through ``all children''; and
       (B) in paragraph (3), by striking ``, especially programs 
     carried out under title I,'';
       (C) in paragraph (5)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) by adding at the end the following:
       ``(C) the parents of Indian children and representatives of 
     Indian tribes on the committee described in subsection (c)(5) 
     will participate in the planning of the professional 
     development materials; and''; and
       (D) in paragraph (6)(B)--
       (i) in clause (i), by striking ``and'' after the semicolon; 
     and
       (ii) by adding at the end the following:

[[Page 9896]]

       ``(iii) each Indian tribe whose children are served by the 
     local educational agency; and'';
       (2) in subsection (c)--
       (A) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) the local educational agency will use funds received 
     under this subpart only for activities described and 
     authorized in this subpart;'';
       (C) in paragraph (3) (as redesignated by subparagraph 
     (1))--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the follow
       ``(C) determine the extent to which such activities address 
     the unique cultural, language, and educational needs of 
     Indian students;'';
       (D) in paragraph (4)(C) (as redesignated by paragraph (1)), 
     by striking ``and teachers,'' and inserting ``teachers, and 
     representatives of Indian tribes with reservations located 
     within 50 miles of any of the schools (if any such tribe has 
     children in any such school)'';
       (E) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively; and
       (II) by inserting after clause (i) the following:

       ``(ii) representatives of Indian tribes with reservations 
     located within 50 miles of any of the schools, if any such 
     tribe has children in any such school;'';
       (ii) in subparagraph (B), by inserting ``and 
     representatives of Indian tribes described in subparagraph 
     (A)(ii), if applicable'' before the semicolon at the end; and
       (iii) in subparagraph (D)--

       (I) in clause (i), by striking ``and'' after the semicolon; 
     and
       (II) by adding at the end the following:

       ``(iii) determined that the program will directly enhance 
     the educational experience of American Indian and Alaska 
     Native students; and''; and
       (3) by adding at the end the following:
       ``(d) Outreach.--The Secretary shall monitor the 
     applications for grants under this subpart to identify 
     eligible local educational agencies and schools operated by 
     the Bureau of Indian Education that have not applied for 
     grants, and shall undertake appropriate outreach activities 
     to encourage and assist such entities to submit 
     applications.''.

     SEC. 156. AUTHORIZED SERVICES AND ACTIVITIES.

       Section 7115 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7425) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (1) through (11) as 
     paragraphs (2) through (12), respectively;
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(1) the activities that support Native American language 
     programs and Native American language restoration programs, 
     such as those programs described in section 7123;'';
       (C) in paragraph (4) (as redesignated by subparagraph (A)), 
     by striking ``and directly support the attainment of 
     challenging State academic content and student academic 
     achievement standards'';
       (D) in paragraph (5) (as redesignated by subparagraph (A)), 
     by striking ``that meet the needs of Indian children and 
     their families'' and inserting ``, including programs that 
     promote parental involvement in school activities and promote 
     parental involvement to increase student achievement, in 
     order to meet the unique needs of Indian children and their 
     families;''
       (E) in paragraph (6) (as redesignated by subparagraph (A));
       (F) in paragraph (10) (as redesignated by subparagraph 
     (A)), by striking ``, consistent with State standards''; and
       (G) in paragraph (12) (as redesignated by subparagraph 
     (A)), by striking ``, and incorporate appropriately qualified 
     tribal elders and seniors''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon; and
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(3) the local educational agency identifies in its 
     application how the use of such funds in a schoolwide program 
     will produce benefits to the Indian students that would not 
     be achieved if the funds were not used in a schoolwide 
     program.''.

     SEC. 157. STUDENT ELIGIBILITY FORMS.

       Section 7117(e) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7427(e)) is amended--
       (1) by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes''; and
       (2) by adding at the end the following:
       ``(2) Records.--Once a child is determined to be an Indian 
     eligible to be counted for such grant award, the local 
     educational agency shall maintain a record of such 
     determination and the local educational agency and Secretary 
     shall not require a new or duplicate determination to be made 
     for such child for a subsequent application for a grant under 
     this subpart.''.

     SEC. 158. TECHNICAL ASSISTANCE.

       Subpart 1 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7421 et seq.) is 
     further amended by adding at the end the following:

     ``SEC. 7120. TECHNICAL ASSISTANCE.

       ``The Secretary shall, directly or through a contract, 
     provide technical assistance to a local educational agency 
     upon request (in addition to any technical assistance 
     available under any other provision of this Act or available 
     through the Institute of Education Sciences) to support the 
     services and activities provided under this subpart, 
     including technical assistance for--
       ``(1) the development of applications under this subpart;
       ``(2) improvement in the quality of implementation, content 
     of activities, and evaluation of activities supported under 
     this subpart; and
       ``(3) integration of activities under this title with other 
     educational activities established by the local educational 
     agency.''.

     SEC. 159. AMENDMENTS RELATING TO TRIBAL COLLEGES AND 
                   UNIVERSITIES.

       Subpart 2 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is 
     amended--
       (1) in section 7121(b), by striking ``Indian institution 
     (including an Indian institution of higher education)'' and 
     inserting ``Tribal College or University, as defined in 
     section 316(b) of the Higher Education Act of 1965''; and
       (2) in section 7122--
       (A) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) a Tribal College or University, as defined in section 
     316(b) of the Higher Education Act of 1965;''; and
       (ii) in paragraph (4), by striking the period and inserting 
     ``, in consortium with not less than 1 Tribal College or 
     University, as defined in section 316(b) of the Higher 
     Education Act of 1965.''; and
       (B) in subsection (f)--
       (i) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (ii) by inserting after ``the Secretary--'' the following:
       ``(1) shall give priority to tribally-chartered 
     institutions of higher education;'';
       (iii) in paragraph (2), as redesignated, by striking 
     ``shall'' and inserting ``may''; and
       (iv) in paragraph (3), as redesignated, by striking ``basis 
     of--'' and all that follows through ``grants'' and inserting 
     ``basis of the length of any period during which the eligible 
     entity has received a grant or grants''.

     SEC. 160. TRIBAL EDUCATIONAL AGENCY COOPERATIVE AGREEMENTS.

       Subpart 2 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 7123. TRIBAL EDUCATION AGENCY COOPERATIVE AGREEMENTS.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, an Indian tribe may enter into a cooperative 
     agreement with a State educational agency or a local 
     education agency that serves a school within the Indian lands 
     of such Indian tribe.
       ``(b) Cooperative Agreement.--Upon the request of an Indian 
     tribe that includes, within the Indian lands of the tribe, a 
     school served by a State educational agency or a local 
     educational agency that receives assistance under this Act, 
     the State educational agency or local educational agency 
     shall enter into a cooperative agreement with the Indian 
     tribe with respect to such school. The Indian tribe and the 
     State educational agency or local educational agency, as the 
     case may be, shall determine the terms of the agreement, and 
     the agreement may--
       ``(1) authorize the tribal education agency of the Indian 
     tribe to plan, conduct, consolidate, and administer programs, 
     services, functions, and activities, or portions thereof, 
     administered by the State educational agency or local 
     educational agency; and
       ``(2) authorize the tribal education agency to reallocate 
     funds for such programs, services, functions, and activities, 
     or portions thereof as necessary.
       ``(c) Disagreement.--If an Indian tribe has requested a 
     cooperative agreement under subsection (b) with a State 
     educational agency or local educational agency that receives 
     assistance under this Act, and the Indian tribe and State 
     educational agency or local educational agency cannot reach 
     an agreement, the Indian tribe may submit to the Secretary 
     the information that the Secretary determines relevant to 
     make a determination. The Secretary shall provide notice the 
     affected State educational agency or local educational agency 
     not later than 30 days after receiving the Indian tribe's 
     submission. After such notice is made, the State educational 
     agency or local educational agency has 30 days to submit 
     information that the Secretary determines relevant in 
     relation to the disagreement. After the 30 days provided to 
     the State educational agency or local educational agency has 
     elapsed, the Secretary shall make a determination.
       ``(d) Consortium of Tribes.--Nothing in this section shall 
     preclude the development

[[Page 9897]]

     and submission of a single tribal education agencies pilot 
     project cooperative agreement by the participating Indian 
     tribes of an intertribal consortium.
       ``(e) Definitions.--In this section:
       ``(1) Indian land.--The term `Indian land' has the meaning 
     given that term in section 8013.
       ``(2) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, other organized group or 
     community, including any Native village or Regional 
     Corporation or Village Corporation as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act, that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.''.

     SEC. 161. TRIBAL EDUCATION AGENCIES PILOT PROJECT.

       Subpart 2 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is 
     further amended by adding at the end the following:

     ``SEC. 7124. TRIBAL EDUCATION AGENCIES PILOT PROJECT.

       ``(a) Purpose.--There is established a pilot project to be 
     known as the `Tribal Education Agency Pilot Project' that 
     authorizes not more than 5 qualifying Indian tribes per year 
     to be eligible to receive grants with the Secretary to 
     administer State educational agency functions authorized 
     under this Act for schools that meet the eligibility criteria 
     described in subsection (e). These functions include all 
     grants, including grants allocated through formulas and 
     discretionary grants allocated on a competitive basis, that 
     are awarded under this Act.
       ``(b) Planning Phase.--
       ``(1) In general.--Each Indian tribe seeking to participate 
     in the Tribal Education Agencies Pilot Project shall complete 
     a planning phase. The planning phase shall include--
       ``(A) the development of an education plan for the schools 
     that meet the eligibility criteria described in subsection 
     (e) and that will be served under the pilot project; and
       ``(B) demonstrated coordination and collaboration 
     partnerships, including cooperative agreements with each 
     local educational agency that serves a school meeting the 
     criteria described in subsection (e).
       ``(2) Exemption.--The Secretary may waive the planning 
     phase, upon the application of an Indian tribe, if the Indian 
     tribe has--
       ``(A) been operating a tribal education agency successfully 
     for 2 or more years; and
       ``(B) can demonstrate compliance with the fiscal 
     accountability provision of 5(f)(1) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450c(f)(1)), relating to the submission of a single-agency 
     audit report required by chapter 75 of title 31, United 
     States Code.
       ``(c) Funding Agreement.--After an Indian tribe has 
     successfully completed the planning phase, the Secretary 
     shall award a grant and enter into a funding agreement to the 
     Indian tribe to enable the tribal education agency of the 
     tribe to administer all State educational agency functions 
     described in subsection (a) for the schools that meet the 
     eligibility criteria described in subsection (e). Each 
     funding agreement shall--
       ``(1) identify the programs, services, functions, and 
     activities that the tribal education agency will be 
     administering for such schools;
       ``(2) determine the amount of funds to be provided to the 
     Indian tribe by the allocations or grant amounts that would 
     otherwise be provided to the State educational agency, as 
     appropriate; and
       ``(3) ensure that the Secretary provides such funds 
     directly to the tribe to administer such programs.
       ``(d) Eligibility.--In order to serve a school through a 
     funding agreement under this section, the Indian tribe shall 
     demonstrate--
       ``(1) that the school meets 1 or more of the following 
     criteria:
       ``(A) The school is funded by the Bureau of Indian Affairs, 
     whether directly or through a contract or compact with an 
     Indian tribe or a tribal consortium.
       ``(B) The school receives payments under title VII because 
     of students living on Indian land.
       ``(C) The school is located on Indian land.
       ``(D) A majority of the students in the school are American 
     Indian or Alaska Native; and
       ``(2) that the Indian tribe--
       ``(A) has the capacity to administer the functions for 
     which the tribe applies for such school, including compliance 
     with the fiscal accountability provision of 5(f)(1) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450c(f)(1)), relating to the submission of a single-
     agency audit report required by chapter 75 of title 31, 
     United States Code; and
       ``(B) satisfies such other factors that the Secretary deems 
     appropriate.
       ``(e) Geographical Diversity.--In awarding grants under 
     this section, the Secretary shall ensure that grants are 
     provided and grant amounts are used in a manner that results 
     in national geographic diversity among Indian tribes applying 
     for grants under this section.
       ``(f) Consortium of Tribes.--Nothing in this section shall 
     preclude the development and submission of a single tribal 
     education agencies pilot project by the participating Indian 
     tribes of an intertribal consortium.
       ``(g) Reporting Requirements.--The Secretary shall submit 
     to Congress a written report 3 years after the date of 
     enactment of this Act that--
       ``(1) identifies the relative costs and benefits of tribal 
     education agencies, as demonstrated by the grants;
       ``(2) identifies the funds transferred to each tribal 
     education agency and the corresponding reduction in the 
     Federal bureaucracy; and
       ``(3) includes the separate views of each Indian tribe 
     participating in the pilot project.
       ``(h) Definitions.--In this section:
       ``(1) Indian land.--The term `Indian land' has the meaning 
     given that term in section 8013.
       ``(2) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, other organized group or 
     community, including any Native village or Regional 
     Corporation or Village Corporation as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act, that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2012 and each of the 5 succeeding 
     fiscal years.''.

     SEC. 162. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF 
                   NATIVE AMERICAN STUDENTS.

       Subpart 2 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS 
                   AND ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.

       ``(a) Grants Authorized.--The Secretary shall award grants 
     to eligible entities to enable such entities to create or 
     expand a teacher or administrator, or both, pipeline for 
     teachers and administrators of Native American students.
       ``(b) Eligible Entity.--In this section, the term `eligible 
     entity' means--
       ``(1) a local educational agency;
       ``(2) an institution of higher education; or
       ``(3) a nonprofit organization.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to Tribal Colleges and 
     Universities (as defined in section 316 of the Higher 
     Education Act of 1965).
       ``(d) Activities.--An eligible entity that receives a grant 
     under this section shall create a program that shall prepare, 
     recruit, and provide continuing education for teachers and 
     administrators of Native American students, in particular for 
     teachers of--
       ``(1) science, technology, engineering, and mathematics;,
       ``(2) subjects that lead to health professions; and
       ``(3) green skills and `middle skills', including 
     electrical, welding, technology, plumbing, and green jobs.
       ``(e) Incentives for Teachers and Administrators.--An 
     eligible entity that receives a grant under this section may 
     provide incentives to teachers and principals who make a 
     commitment to serve high-need, high-poverty, tribal schools, 
     including in the form of scholarships, loan forgiveness, 
     incentive pay, or housing allowances.
       ``(f) School and Community Orientation.--An eligible entity 
     that receives a grant under this section shall develop an 
     evidence-based, culturally-based school and community 
     orientation for new teachers and administrators of Native 
     American students.''.

     SEC. 163. NATIONAL BOARD CERTIFICATION INCENTIVE 
                   DEMONSTRATION PROGRAM.

       Subpart 2 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is 
     further amended by adding at the end the following:

     ``SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE 
                   DEMONSTRATION PROGRAM.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to improve the skills of qualified individuals that 
     teach Indian people; and
       ``(2) to provide an incentive for qualified teachers to 
     continue to utilize their enhanced skills in schools serving 
     Indian communities.
       ``(b) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) a State educational agency or local educational 
     agency, in consortium with an institution of higher 
     education;
       ``(2) an Indian tribe or organization, in consortium with a 
     local educational agency; or
       ``(3) a Bureau-funded school (as defined in section 1146 of 
     the Education Amendments of 1978).
       ``(c) Program Authorized.--For fiscal years 2012 through 
     2018, the Secretary is authorized to award grants to eligible 
     entities having applications approved under this section to 
     enable those entities to--
       ``(1) reimburse individuals who teach Indian people with 
     out-of-pocket costs associated with obtaining National Board 
     Certification; and

[[Page 9898]]

       ``(2) providing a minimum of $5,000 but not more than a 
     $10,000 increase in annual compensation for National Board 
     Certified individuals for the duration of the Demonstration 
     Project.
       ``(d) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information, as the Secretary may require. In reviewing 
     applications under this section, the Secretary shall ensure 
     that the eligible entities--
       ``(1) are located within the boundaries of a reservation; 
     and
       ``(2) maintain an average enrollment of at least 30 percent 
     of students that reside within the boundaries of a 
     reservation.
       ``(e) Restrictions on Compensation Increases.--The 
     Secretary shall require and ensure that National Board 
     Certified individuals continue to teach at the eligible 
     entity as a condition of receiving annual compensation 
     increases provided for in this section.
       ``(f) Progress Reports.--In fiscal years 2015 and 2018, the 
     Comptroller General of the United States shall provide a 
     report on the progress of the entities receiving awards in 
     meeting applicable progress standards.''.

     SEC. 164. TRIBAL LANGUAGE IMMERSION SCHOOLS.

       Subpart 2 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is 
     further amended by adding at the end the following:

     ``SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS.

       ``(a) Purpose.--It is the purpose of this section to 
     establish a grant program to permit eligible schools to use 
     American Indian, Alaska Native, and Native Hawaiian languages 
     as the primary language of instruction of all curriculum 
     taught at the schools (referred to in this section as 
     `immersion schools') in order to increase the number of 
     American Indian, Alaska Native, and Native Hawaiian graduates 
     at all levels of education, and to increase the proficiencies 
     of these students in the curriculum being taught.
       ``(b) Program Authorized.--From the amounts made available 
     to carry out this section, the Secretary may award grants to 
     eligible schools to develop and maintain, or to improve and 
     expand, programs that support articulated Native language 
     learning in kindergarten through postsecondary education 
     programs.
       ``(c) Eligible School; Definition.--In this section--
       ``(1) the term `eligible school' means a school that 
     provides elementary or secondary education or a Tribal 
     College or University, including an elementary or secondary 
     school operated by a Tribal College or University, that has, 
     or can present a plan for development of, an immersion school 
     or courses in which instruction is provided for a minimum 900 
     hours per academic year; and
       ``(2) the term `Tribal College or University' has the 
     meaning given that term in section 316(b) of the Higher 
     Education Act of 1965.
       ``(d) Application.--An eligible school seeking a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require, that includes the following information:
       ``(1) The number of students attending the school.
       ``(2) The number of present hours of tribal language 
     instruction being provided to students at the school, if any.
       ``(3) The status of school with regard to any applicable 
     Tribal Education Department or agency, public education 
     system, or accrediting body.
       ``(4) A statement that the school is engaged in meeting 
     targeted proficiency levels for students as may be required 
     by applicable Federal, State, or tribal law.
       ``(5) A statement identifying how the proficiency levels 
     for students being educated, or to be educated, at the tribal 
     language immersion school are, or will be, assessed.
       ``(6) A list of the instructors at the tribal language 
     immersion school and their qualifications.
       ``(7) A list of any partners or subcontractors with the 
     tribal language immersion school who may assist in the 
     provision of instruction in the immersion setting, and the 
     role of such partner or subcontractor.
       ``(8) Any other information that the Secretary may require.
       ``(e) Additional Eligibility Requirements.--When submitting 
     an application for a grant under this section, each eligible 
     school shall submit:
       ``(1) A certificate from a federally recognized Indian 
     tribe, or a letter from any organized American Indian, Alaska 
     Native, or Native Hawaiian community, on whose lands the 
     school is located, or which is served by the school, or from 
     a tribally controlled college or university (as defined in 
     section 2 of the Tribally Controlled College or University 
     Assistance Act of 1978) that is operating the school, 
     indicating that the school has the capacity to provide 
     language immersion education and that there are sufficient 
     native speakers at the school or available to be hired by the 
     school who are trained as educators who can provide the 
     education services required by the school in the native 
     language used at the immersion school and who will satisfy 
     any requirements of any applicable law for educators 
     generally.
       ``(2) An assurance that the school will participate in data 
     collection conducted by the Secretary that will determine 
     best practices and further academic evaluation of the 
     immersion school.
       ``(3) A demonstration of the capacity to have native 
     language speakers provide the basic education offered by the 
     school for the minimum 900 hours per academic year as 
     required under the grant.
       ``(f) Activities Authorized.--The following activities are 
     the activities that may be carried out by the eligible 
     schools that receive a grant under this section:
       ``(1) Development of an articulated instructional 
     curriculum for the language of the tribe, American Indian, 
     Alaska Native, or Hawaiian community served by the school 
     applying for the grant.
       ``(2) In-service and preservice development of teachers and 
     paraprofessionals who will be providing the instruction in 
     the native language involved.
       ``(3) Development of contextual, experiential programs, and 
     curriculum materials related to the indigenous language of 
     the community which the immersion school serves.
       ``(g) Number, Amount, and Diversity of Languages in 
     Grants.--Based on the amount appropriated by Congress as 
     authorized by this section, and the number of eligible 
     schools applying for a grant under this section, the 
     Secretary may determine the amounts and length of each grant 
     made under this section and shall ensure, to the maximum 
     extent practicable, that diversity in languages is 
     represented in such grants.
       ``(h) Report to Secretary.--Each eligible school receiving 
     a grant under this section shall provide an annual report to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(i) Authorization of Appropriations.--Notwithstanding any 
     other section authorizing funds to be appropriated for 
     carrying out the purposes of this title, there is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     the first full fiscal year following the date of enactment of 
     this section, and such sums as are necessary in the 4 
     following fiscal years.''.

     SEC. 165. COORDINATION OF INDIAN STUDENT INFORMATION.

       Subpart 3 of part A of title VII of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7451 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 7137. COORDINATION OF INDIAN STUDENT INFORMATION.

       ``(a) Purpose.--Consonant with the United States' unique 
     and continuing trust responsibility to Indian people for the 
     education of Indian children as described in section 7101, it 
     is the purpose of this section to enable the Secretary to 
     establish or improve the effectiveness and efficiency of 
     programs for coordination among educational agencies and 
     schools for the linkage and exchange of student records of 
     Indian children.
       ``(b) Grants Authorized.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of the Interior, the States, and Indian tribes, is 
     authorized to make grants to, or enter into contracts with, 
     State educational agencies, local educational agencies, 
     Indian tribes, Indian organizations, tribal education 
     agencies, institutions of higher education, other public and 
     private nonprofit organizations, and consortia of all such 
     entities, to improve the collection, coordination, and 
     electronic exchange of Indian student records between State 
     educational agencies, local educational agencies, and 
     elementary schools and secondary schools funded by the Bureau 
     of Indian Education.
       ``(2) Preference.--In awarding grants under this section, 
     the Secretary shall give preference to--
       ``(A) entities that are Indian tribes, Indian 
     organizations, tribal education agencies; or
       ``(B) consortia that include 1 or more such entities.
       ``(3) Grant duration.--Each grant awarded under this 
     section shall be for a duration of not more than 5 years.
       ``(c) Assistance.--
       ``(1) In general.--The Secretary shall assist the Secretary 
     of the Interior, the States, and elementary schools and 
     secondary schools funded by the Bureau of Indian Education in 
     developing effective methods for--
       ``(A) the electronic transfer of student records of Indian 
     children;
       ``(B) the determination of the number of Indian children in 
     each State, disaggregated by the local educational agency in 
     which such children reside; and
       ``(C) the determination of the extent to which Indian 
     children under the age of 18 who have not achieved a 
     secondary school diploma are not enrolled in any school.
       ``(2) Information systems.--
       ``(A) In general.--Using amounts made available under 
     subsection (e), the Secretary, in consultation with the 
     Secretary of the Interior, the States, and elementary schools 
     and secondary schools funded by the Bureau of Indian 
     Education, shall award grants or contracts to, or enter 
     agreements with, State educational agencies and local 
     educational agencies, and provide funds to the Secretary of 
     the Interior in accordance with subsection (d) in order to 
     ensure the

[[Page 9899]]

     linkage of Indian student records systems for the purpose of 
     electronically exchanging, among and between State 
     educational agencies, local educational agencies, and 
     schools, health and educational information regarding all 
     Indian students. The Secretary of Education shall ensure such 
     linkage occurs in a cost-effective manner, and to the extent 
     practicable, utilizes systems, if any, used prior to the date 
     of enactment of this section.
       ``(B) Data elements.--The Secretary shall identify the data 
     elements that each State receiving assistance under this 
     subsection and the Secretary of the Interior shall collect 
     and maintain for each Indian student enrolled in a school, 
     which, at a minimum, shall include--
       ``(i) the student's enrollment and disenrollment in any 
     elementary and secondary school, and the grade levels 
     successfully completed at such school;
       ``(ii) the student's immunization records and other health 
     information;
       ``(iii) the student's elementary and secondary academic 
     history (including partial credit), credit accrual, and 
     results from any assessments required by Federal law;
       ``(iv) other academic information essential to ensuring 
     that Indian children achieve high standards; and
       ``(v) the student's eligibility for services under the 
     Individuals with Disabilities Education Act.
       ``(C) Notice and comment.--After fulfilling the 
     consultation required under subparagraph (A), the Secretary 
     shall publish a notice in the Federal Register seeking public 
     comment on the proposed data elements that the Secretary of 
     the Interior and each State shall be required to collect for 
     purposes of electronic transfer of Indian student information 
     with respect to schools assisted under this Act and the 
     requirements the Secretary of the Interior and the States 
     shall meet for immediate electronic access to such 
     information. Such publication shall occur not later than 180 
     days after the date of enactment of this section.
       ``(3) No cost for certain transfers.--A State educational 
     agency or local educational agency receiving assistance under 
     this Act, or an elementary school or secondary school funded 
     by the Bureau of Indian Education, shall make student records 
     available at request of any other educational agency or 
     school at no cost to the requesting agency or school if the 
     request is made in order to meet the needs of an Indian child 
     who is enrolled, or was enrolled, in the school receiving 
     assistance under this Act.
       ``(d) Report to Congress.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall prepare and 
     submit, to the Committee on Health, Education, Labor, and 
     Pensions and the Committee on Indian Affairs of the Senate, 
     and the Committee on Education and the Workforce of the House 
     of Representatives a report--
       ``(A) describing the status of the implementation of this 
     section; and
       ``(B) including recommendations from the Secretary and the 
     Secretary of the Interior regarding the collection, 
     coordination and exchange of health and educational 
     information on Indian children by the Secretary of the 
     Interior, the States, and elementary schools and secondary 
     schools funded by the Bureau of Indian Education.
       ``(2) Required contents.--The Secretary shall include in 
     the report and recommendations described in paragraph (1)--
       ``(A) a report on the progress made by the Secretary of the 
     Interior, the States, and elementary schools and secondary 
     schools funded by the Bureau of Indian Education in 
     developing and linking electronic records transfer systems;
       ``(B) recommendations for the development, linkage, and 
     maintenance of such systems;
       ``(C) recommendations for measures that may be taken to 
     ensure the continuity and enhancement of services to Indian 
     students;
       ``(D) a report from the Secretary of the Interior 
     describing the extent to which funding supplied to elementary 
     schools and secondary schools funded by the Bureau of Indian 
     Education pursuant to subsection (e)(2)(B) is sufficient to 
     enable those schools to develop and operate electronic 
     records transfer systems; and
       ``(E) a report on recommendations made by Indian tribes, 
     Indian organizations, tribal departments of education, and 
     elementary schools and secondary schools funded by the Bureau 
     of Indian Education, and consortia of such entities, 
     regarding implementation of this section and the extent to 
     which such recommendations were taken into account.
       ``(3) Publication in federal register.--Not later than 14 
     days after the report described in paragraph (1) is submitted 
     to Congress, the Secretary shall publish such report in the 
     Federal Register.
       ``(e) Availability of Funds.--
       ``(1) Reservation.--For the purpose of carrying out this 
     section in any fiscal year, the Secretary shall reserve 
     $20,000,000 of the amount appropriated pursuant to subsection 
     (c) of section 7152.
       ``(2) Allotment for the secretary of the interior.--
       ``(A) In general.--From the amounts reserved pursuant to 
     paragraph (1), the Secretary shall transfer to the Secretary 
     of the Interior $8,000,000 for each fiscal year to be used as 
     described in subparagraph (B).
       ``(B) Distribution and use of funds.--The Secretary of the 
     Interior shall distribute all funds transferred pursuant to 
     subparagraph (A) to elementary schools and secondary schools 
     funded by the Bureau of Indian Education for use by such 
     schools to pay the costs of establishing and participating in 
     systems for the orderly linkage and exchange of student 
     records of Indian children. To facilitate such establishment 
     and participation by such schools, the Secretary of the 
     Interior shall, at the request of any such school, supply 
     technical assistance. Amounts required to be supplied to 
     elementary and secondary schools operated by Indian tribes or 
     tribal organizations pursuant to contracts issued under 
     authority of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) or pursuant to grants 
     issued under authority of the Tribally Controlled Schools Act 
     (25 U.S.C. 2501 et seq.) shall be added to the respective 
     contracts or grants of such tribes or tribal organizations.
       ``(f) Data Collection.--The Secretary shall direct the 
     National Center for Education Statistics to collect data on 
     Indian children.
       ``(g) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $20,000,000 for fiscal year 2012 and each of the 
     5 succeeding fiscal years.''.

     SEC. 166. AUTHORIZATION OF APPROPRIATIONS.

       Section 7152 (20 U.S.C. 7492) is amended to read as 
     follows:

     ``SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1.--For the purpose of carrying out subpart 
     1, there are authorized to be appropriated $130,000,000 for 
     fiscal year 2012 and such sums as may be necessary for each 
     of the 5 succeeding fiscal years.
       ``(b) Subpart 2.--For the purpose of carrying out subpart 
     2, there are authorized to be appropriated $50,000,000 for 
     fiscal year 2012 and such sums as may be necessary for each 
     of the 5 succeeding fiscal years.
       ``(c) Subpart 3.--For the purpose of carrying out subpart 
     3, there are authorized to be appropriated $25,000,000 for 
     fiscal year 2012 and such sums as may be necessary for each 
     of the 5 succeeding fiscal years.''.

                         Subtitle F--Impact Aid

     SEC. 171. IMPACT AID.

       Section 8004 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7704) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by inserting ``, prior to any final 
     decision by the agency on how funds received under section 
     8003 will be spent'' after ``benefits of such programs and 
     activities'';
       (B) in paragraph (5)--
       (i) by inserting ``local education'' after ``to such''; and
       (ii) by inserting ``, prior to any final decision by the 
     agency on how funds received under section 8003 will be 
     spent'' after ``educational program'';
       (2) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c) Annual Summary.--On an annual basis, a local 
     educational agency that claims children residing on Indian 
     lands for the purpose of receiving funds under section 8003 
     shall provide Indian tribes with--
       ``(1) a summary of programs and activities that were 
     created for the claimed children, or in which the claimed 
     children participate; and
       ``(2) the funding received under section 8003 in the prior 
     and current fiscal years attributable to such claimed 
     children.''; and
       (4) by inserting after subsection (g), as so redesignated, 
     the following:
       ``(h) Timely Payments.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall pay a local educational agency that claims children 
     residing on Indian lands for the purpose of receiving funds 
     under section 8003 the full amount that the agency is 
     eligible to receive under this title for a fiscal year not 
     later than September 30 of the second fiscal year following 
     the fiscal year for which such amount has been appropriated 
     if, not later than 1 calendar year following the fiscal year 
     in which such amount has been appropriated, such local 
     educational agency submits to the Secretary all the data and 
     information necessary for the Secretary to pay the full 
     amount that the agency is eligible to receive under this 
     title for such fiscal year.
       ``(2) Payments with respect to fiscal years in which 
     insufficient funds are appropriated.--For a fiscal year in 
     which the amount appropriated under section 8014 is 
     insufficient to pay the full amount a local educational 
     agency is eligible to receive under this title, paragraph (1) 
     shall be applied by substituting `is available to pay the 
     agency' for `the agency is eligible to receive' each place it 
     appears.''.

                     Subtitle G--General Provisions

     SEC. 181. HIGHLY QUALIFIED DEFINITION.

       Section 9109(23) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(23)) is amended--
       (1) in subparagraph (B)(ii)(II), by striking ``; and'' and 
     inserting a semicolon;

[[Page 9900]]

       (2) in subparagraph (C)(ii)(VII), by striking the period 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) when used with respect to any public elementary 
     school or secondary school teacher teaching Native American 
     language, history, or culture in a State or any Bureau of 
     Indian Affairs funded or operated school, means a teacher 
     certified by an Indian tribe as highly qualified to teach 
     such subjects.''.

     SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF INDIAN EDUCATION 
                   SCHOOLS.

       Section 9103 (20 U.S.C. 7821) is amended to read as 
     follows:

     ``SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION 
                   SCHOOLS.

       ``(a) In General.--For the purpose of any competitive 
     program under this Act, a school described in subsection (b) 
     shall have the same eligibility for and be given the same 
     consideration as a local educational agency with regard to 
     such program.
       ``(b) Description of Schools.--A school described in this 
     subsection is--
       ``(1) a school funded by the Bureau of Indian Education 
     (including a school operated under a contract or grant with 
     the Bureau of Indian Education), or a consortium of such 
     schools; or
       ``(2) a school funded by the Bureau of Indian Education in 
     consortium with an Indian tribe, institution of higher 
     education, tribal organization or community organization.
       ``(c) Outreach.--The Secretary shall perform outreach to 
     schools and consortia described in subsection (b) to 
     encourage such schools and consortia to apply for each 
     competitive program under this Act, and shall provide 
     technical assistance as needed to enable such schools and 
     consortia to submit applications for such programs.
       ``(d) Collaboration.--The Secretary shall collaborate with 
     the Secretary of the Interior to provide training and 
     technical assistance to the Bureau of Indian Education, 
     Indian tribes, and schools operated under contracts and 
     grants from the Bureau of Indian Education, regarding--
       ``(1) curriculum selection, including development of 
     culturally appropriate curricula;
       ``(2) the development and use of appropriate assessments; 
     and
       ``(3) effective instructional practices.''.

     SEC. 183. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, 
                   SCHOOLS SERVED BY THE BUREAU OF INDIAN 
                   EDUCATION, AND NATIVE AMERICAN STUDENTS.

       (a) Technical Assistance and Capacity Building.--Subpart 2 
     of part E of title IX of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILDING FOR 
                   TRIBAL SCHOOLS AND SCHOOLS SERVED BY THE BUREAU 
                   OF INDIAN EDUCATION.

       ``Notwithstanding any other provision of this Act, the 
     Secretary shall ensure that any program supported with funds 
     provided under this Act that awards grants, contracts, or 
     other assistance to public schools, provides a 1 percent 
     reservation for technical assistance or capacity building for 
     tribal schools or schools served by the Bureau of Indian 
     Education to ensure such tribal schools or schools served by 
     the Bureau of Indian Education are provided the assistance to 
     compete for such grants, contracts, or other assistance.''.

                   TITLE II--AMENDMENTS TO OTHER LAWS

     SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY AND 
                   REINVESTMENT ACT OF 2009 TO PROVIDE FUNDING FOR 
                   INDIAN PROGRAMS.

       Title XIV of Division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 279) is 
     amended--
       (1) by striking subsection (a) of section 14001 and 
     inserting the following:
       ``(a) Outlying Areas; Bureau of Indian Education.--
       ``(1) Outlying areas.--From the amount appropriated to 
     carry out this title, the Secretary of Education shall first 
     allocate up to one-half of one percent to the outlying areas 
     on the basis of their respective needs, as determined by the 
     Secretary, in consultation with the Secretary of the 
     Interior, for activities consistent with this title under 
     such terms and conditions as the Secretary may determine.
       ``(2) Bureau of indian education.--From the amounts 
     appropriated to carry out section 14006 and section 14007, 
     the Secretary of Education shall allocate not less than 1 
     percent, but not more than 5 percent, to the schools funded 
     by the Bureau of Indian Education on the basis of their 
     respective needs, as determined by the Secretary of 
     Education, in consultation with the Secretary of the 
     Interior, for activities consistent with such sections under 
     such terms and conditions as the Secretary may determine.''; 
     and
       (2) in section 14005(d), by striking paragraph (6) (as 
     added by section 1832(b) of the Department of Defense and 
     Full-Year Continuing Appropriations Act, 2011 (Public Law 
     112-10, 125 Stat. 164)) and inserting the following:
       ``(6) Improving early childhood care and education.--The 
     State will take actions to--
       ``(A) increase the number and percentage of low-income and 
     disadvantaged children in each age group of infants, 
     toddlers, and preschoolers who are enrolled in high-quality 
     early learning programs;
       ``(B) design and implement an integrated system of high 
     quality early learning programs and services; and
       ``(C) in collaboration with Indian tribes in the State, 
     ensure that the actions described in (A) and (B) are taken to 
     ensure that high-quality early learning programs and services 
     are provided to Indian children in the State, which may be 
     accomplished through subgrants to such tribes; and
       ``(D) ensure that any use of assessments conforms with the 
     recommendations of the National Research Council's reports on 
     early childhood.''.

     SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND CULTURAL 
                   BENEFITS.

       (a) In General.--Section 117 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(e) Indian Education and Cultural Benefits.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, gross income does not include the value of--
       ``(A) any qualified Indian education benefit, or
       ``(B) any qualified Indian cultural benefit.
       ``(2) Qualified indian education benefit.--For purposes of 
     this subsection, the term `qualified Indian education 
     benefit' means--
       ``(A) any educational grant or benefit provided, directly 
     or indirectly, to a member of an Indian tribe, including a 
     spouse or dependent of such a member, by the Federal 
     government through a grant to or a contract or compact with 
     an Indian tribe or tribal organization or through a third-
     party program funded by the Federal government, and
       ``(B) any educational grant or benefit provided or 
     purchased by an Indian tribe or tribal organization to or for 
     a member of an Indian tribe, including a spouse or dependent 
     of such a member.
       ``(3) Qualified indian cultural benefit.--For purposes of 
     this subsection, the term `qualified Indian cultural benefit' 
     means--
       ``(A) any grant or benefit provided, directly or 
     indirectly, to a member of an Indian tribe, including a 
     spouse or dependent of such a member, by the Federal 
     government through a grant to or a contract or compact with 
     an Indian tribe or tribal organization or through a third-
     party program funded by the Federal government, for the study 
     of the language, culture, and ways of life of the tribe, and
       ``(B) any grant or benefit provided or purchased by an 
     Indian tribe or tribal organization to or for a member of an 
     Indian tribe, including a spouse or dependent of such a 
     member, for the study of the language, culture, and ways of 
     life of the tribe.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Indian tribe.--The term `Indian tribe' has the 
     meaning given such term by section 45A(c)(6).
       ``(B) Tribal organization.--The term `tribal organization' 
     has the meaning given such term by section 4(l) of the Indian 
     Self-Determination and Education Assistance Act.
       ``(C) Dependent.--The term `dependent' has the meaning 
     given such term by section 152, determined without regard to 
     subsections (b)(1), (b)(2), and (d)(1)(B) thereof.
       ``(5) Denial of double benefit.--This subsection shall not 
     apply to the amount of any qualified Indian education benefit 
     or qualified Indian cultural benefit which is not includible 
     in gross income of the beneficiary of such benefit by reason 
     of any other provision of this title, or to the amount of any 
     such benefit for which a deduction is allowed to such 
     beneficiary under any other provision of this title.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts received after the date of the 
     enactment of this Act.

     SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP.

       Section 1126 of the Education Amendments of 1978 (25 U.S.C. 
     2006) is amended by adding at the end the following:
       ``(h) Tribal Education Policy Advisory Group.--
       ``(1) Establishment.--Not later than 120 days after the 
     date of enactment of this subsection, the Secretary, acting 
     through the Assistant Secretary for Indian Affairs, shall 
     establish a Tribal Education Policy Advisory Group (referred 
     to in this subsection as the `TEPAG') to advise the Secretary 
     and the Assistant Secretary on all policies, guidelines, 
     programmatic issues, and budget development for the school 
     system funded by the Bureau of Indian Education.
       ``(2) Duties.--
       ``(A) In general.--The Secretary shall consult with the 
     TEPAG prior to proposing any regulations, establishing or 
     changing any policies, or submitting any budget proposal 
     applicable to the Bureau of Indian Education school system.
       ``(B) Recommendations.--The Secretary shall include in the 
     proposed budget developed annually for the Bureau of Indian 
     Education any recommendations made by the TEPAG resulting 
     from the consultation under subparagraph (A).
       ``(C) Supplement, not supplant.--The consultation required 
     by subparagraph (A)

[[Page 9901]]

     shall be in addition to and shall not replace the 
     consultation requirement of section 1131.
       ``(3) Composition.--
       ``(A) In general.--The TEPAG shall be composed of 26 
     members, who shall be selected in accordance with 
     subparagraphs (B) through (D).
       ``(B) Tribal members.--
       ``(i) In general.--The TEPAG shall be composed of 22 
     elected or appointed tribal officials (or designated 
     employees of the officials with authority to act on behalf of 
     the officials), 1 from each education line office of the 
     Bureau of Indian Education, who shall act as principal 
     members of the TEPAG.
       ``(ii) Selection process.--The tribes and schools served by 
     each education line office shall establish a process to 
     select the principal member and alternate member of that 
     education line office to TEPAG.
       ``(iii) Alternates.--The alternate member of an education 
     line office selected under clause (ii) may participate in 
     TEPAG meetings in the absence of the principal member of that 
     education line office.
       ``(C) National tribal organization member.--The Secretary 
     shall appoint a principal member and an alternate member to 
     the TEPAG from among national organizations comprised of 
     Indian tribes, who shall be elected or appointed tribal 
     officials (or designated employees of the officials with 
     authority to act on behalf of the officials).
       ``(D) Federal members.--The Secretary, the Assistant 
     Secretary for Indian Affairs, and the Director of the Bureau 
     of Indian Education shall be ex-officio members of the TEPAG.
       ``(4) Administration.--
       ``(A) Meetings.--The TEPAG shall meet in person not less 
     than 3 times per fiscal year and may hold additional meetings 
     by telephone conference call.
       ``(B) Protocols.--The Secretary and the TEPAG shall jointly 
     develop protocols for the operation and administration of 
     TEPAG.
       ``(C) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the TEPAG.
       ``(D) Support.--
       ``(i) In general.--The Secretary shall be responsible for 
     all costs associated with carrying out the functions of the 
     TEPAG, including reimbursement for the travel, lodging, and 
     per diem expenses of each principal or alternate TEPAG member 
     selected under subparagraphs (B) and (C) of paragraph 3.
       ``(ii) Additional request.--

       ``(I) In general.--To facilitate the work of the TEPAG, the 
     Secretary may request additional funding in the annual budget 
     submission of the Secretary to support technical and 
     substantive assistance to the TEPAG.
       ``(II) Recommendations.--If the Secretary requests 
     additional funding under subclause (I), the Secretary shall 
     take into consideration the amount of funding requested by 
     the TEPAG for technical and substantive assistance when 
     making the additional funding request.

       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.''.

     SEC. 204. DIVISION OF BUDGET ANALYSIS.

       Section 1129 of the Education Amendments of 1978 (25 U.S.C. 
     2009) is amended--
       (1) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Assistant Secretary for Indian Affairs'' and inserting 
     ``Secretary'';
       (B) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) a determination of the amount necessary to sustain 
     academic and residential programs at Bureau-funded schools, 
     calculated pursuant to subpart H of part 39 of title 25, Code 
     of Federal Regulations (or successor regulations); and''; and
       (2) in subsection (d), by striking ``Assistant Secretary 
     for Indian Affairs'' and inserting ``Secretary''.

     SEC. 205. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT.

       Part B of title II of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 458) is amended by adding 
     at the end the following:

     ``SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED SCHOOL 
                   CONSTRUCTION BOND ESCROW ACCOUNT.

       ``(a) In General.--Pursuant to the authority granted under 
     section 54F(d)(4) of the Internal Revenue Code of 1986, the 
     Secretary shall establish a qualified school construction 
     bond escrow account for the purpose of implementing section 
     54F of the Internal Revenue Code of 1986.
       ``(b) Transfer to Escrow Account.--
       ``(1) In general.--The Secretary shall allocate to the 
     escrow account described in subsection (a) amounts described 
     in section 54F(d)(4) of the Internal Revenue Code of 1986.
       ``(2) Other funds.--The Secretary shall accept and disburse 
     to the escrow account described in subsection (a) amounts 
     received to carry out this section from other sources, 
     including other Federal agencies, non-Federal public 
     agencies, and private sources.''.

     SEC. 206. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 
                   1994.

       Section 532 of the Equity in Educational Land-Grant Status 
     Act of 1994 (7 U.S.C. 301 note) is amended by--
       (1) redesignating paragraphs (15) through (34) as 
     paragraphs (16) through (35), respectively; and
       (2) by inserting after paragraph (14) the following:
       ``(15) Keweenaw Bay Ojibwa Community College.''.

     SEC. 207. WORKFORCE INVESTMENT ACT OF 1998.

       Title II of the Workforce Investment Act of 1998 (20 U.S.C. 
     9201 et seq.) is amended--
       (1) in section 203--
       (A) in paragraph (5)(D), by inserting ``, including a 
     Tribal College or University'' after ``education'';
       (B) in paragraph (15), by amending subparagraph (B) to read 
     as follows:
       ``(B) a Tribal College or University; or'';
       (C) by redesignating paragraph (18) as paragraph (19); and
       (D) by inserting after paragraph (17) the following:
       ``(18) Tribal college or university.--The term `Tribal 
     College or University' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965.'';
       (2) in section 211(a)--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) shall reserve 1.5 percent to carry out section 244, 
     except that the amount so reserved shall not exceed 
     $8,000,000.''; and
       (3) by inserting after section 243 the following:

     ``SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE OR UNIVERSITY 
                   ADULT EDUCATION AND LITERACY PROGRAM.

       ``(a) Establishment and Purpose.--The Secretary shall 
     establish and carry out an American Indian Tribal College and 
     University Adult Education and Literacy Grant Program to 
     enable Tribal Colleges or Universities to develop and 
     implement innovative, effective, and replicable programs 
     designed to enhance life skills and transition individuals to 
     employability and postsecondary education and to provide 
     technical assistance to such institutions for program 
     administration.
       ``(b) Application.--To be eligible to receive a grant under 
     this section, a Tribal College or University shall submit to 
     the Secretary an application at such time and in such manner 
     as the Secretary may reasonably require. The Secretary shall, 
     to the extent practicable, prescribe a simplified and 
     streamlined format for such applications that takes into 
     account the limited number of institutions that are eligible 
     for assistance under this section.
       ``(c) Eligible Activities.--Activities that may be carried 
     out under a grant awarded under this section include--
       ``(1) adult education and literacy services, including 
     workplace literacy services;
       ``(2) family literacy services;
       ``(3) English literacy programs, including limited English 
     proficiency programs;
       ``(4) civil engagement and community participation, 
     including U.S. citizenship skills;
       ``(5) opportunities for American Indians and Alaska Natives 
     to qualify for a secondary school diploma, or its recognized 
     equivalent; and
       ``(6) demonstration and research projects and professional 
     development activities designed to develop and identify the 
     most successful methods and techniques for addressing the 
     educational needs of American Indian adults.
       ``(d) Grants and Contracts.--Funding shall be awarded under 
     this section to Tribal Colleges or Universities on a 
     competitive basis through grants, contracts, or cooperative 
     agreements of not less than 3 years in duration.
       ``(e) Consideration and Inclusion.--In making awards under 
     this section, the Secretary may take into account the 
     considerations set forth in section 231(e). In no case shall 
     the Secretary make an award to a Tribal College or University 
     that does not include in its application a description of a 
     multiyear strategy, including performance measures, for 
     increasing the number of adult American Indian or Alaska 
     Natives that attain a secondary diploma or recognized 
     equivalent.''.

     SEC. 208. TECHNICAL AMENDMENTS TO TRIBALLY CONTROLLED SCHOOLS 
                   ACT OF 1988.

       (a) Grants Authorized.--Section 5203(b)(3) of the Tribally 
     Controlled Schools Act of 1988 (25 U.S.C. 2502(b)(3)) is 
     amended--
       (1) by striking ``as defined in section 1128(h)(1)'' and 
     inserting ``as defined in section 1128(a)(1)''; and
       (2) by striking ``under section 1128 of such'' and 
     inserting ``under section 1128(c) of that''.
       (b) Amendments to Grants.--Section 5203 of the Tribally 
     Controlled Schools Act of 1988 (25 U.S.C. 2502) is amended by 
     adding at the end the following:
       ``(h) Amendments to Grants.--
       ``(1) In general.--At the request of the school board of a 
     tribally controlled school, the Secretary shall approve a 
     request to amend a grant issued to that school board under 
     this part unless the Secretary, not

[[Page 9902]]

     later than 90 days after the date of receipt of the request, 
     provides written notification to the school board that 
     contains a specific finding that clearly demonstrates, or is 
     supported by a controlling legal authority, that--
       ``(A) the services to be rendered to the eligible Indian 
     students under the proposed amendment to the grant do not 
     meet the requirements of this part;
       ``(B) adequate protection of trust resources is not 
     assured;
       ``(C) the grant or the proposed amendment to the grant 
     cannot be properly completed or maintained;
       ``(D) the amount of funds proposed under the amendment is 
     in excess of the applicable funding level for the grant, as 
     determined under section 5204; or
       ``(E) the program, function, service, or activity (or 
     portion of the program, function, service, or activity) that 
     is the subject of the proposed amendment is beyond the scope 
     of programs, functions, services, or activities covered under 
     this part because the proposed amendment includes activities 
     that cannot lawfully be carried out by the grantee.
       ``(2) Appeals.--The Secretary shall provide the school 
     board of a tribally controlled school with a hearing on the 
     record in the same manner as provided under section 102 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450f).''.
       (c) Composition of Grants.--Section 5204(b) of the Tribally 
     Controlled Schools Act of 1988 (25 U.S.C. 2503(b)) is 
     amended--
       (1) in paragraph (4)(B)(iv), by striking ``section 
     5209(e)'' and inserting ``section 5208(e)''; and
       (2) in paragraph (5)(B), by striking ``section 5209(e)'' 
     and inserting ``section 5208(e)''.
       (d) Duration of Eligibility Determination.--Section 5206(c) 
     of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
     2505(c)) is amended--
       (1) in paragraph (2), by striking ``section 5206(b)(1)(A)'' 
     and inserting ``section 5205(b)(1)(A)''; and
       (2) in paragraph (4)(A), by striking ``section 
     5206(f)(1)(C)'' and inserting ``section 5205(f)(1)(C)''.

               TITLE III--ADDITIONAL EDUCATION PROVISIONS

     SEC. 301. NATIVE AMERICAN STUDENT SUPPORT.

       (a) Support.--The Secretary of Education shall expand 
     programs for Native American school children--
       (1) to provide support for learning in their Native 
     language and culture; and
       (2) to provide English language instruction.
       (b) Research.--The Secretary of Education shall conduct 
     research on culture- and language-based education to identify 
     the factors that improve education and health outcomes.

     SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF 
                   NATIVE AMERICAN LANGUAGES.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Indian Education.
       (2) Eligible entity.--The term ``eligible entity'' means 
     any agency or organization that is eligible for financial 
     assistance under section 803(a) of the Native American 
     Programs Act of 1974 (42 U.S.C. 2991b(a)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director.
       (b) Establishment of Grant Program.--The Secretary shall 
     establish a program to provide eligible entities with grants 
     for the purpose of assisting Native Americans to ensure the 
     survival and continuing vitality of Native American 
     languages.
       (c) Use of Amounts.--
       (1) In general.--An eligible entity may use amounts 
     received under this section to carry out activities that 
     ensure the survival and continuing vitality of Native 
     American languages, including--
       (A) the establishment and support of community Native 
     American language projects designed to bring older and 
     younger Native Americans together to facilitate and encourage 
     the transfer of Native American language skills from one 
     generation to another;
       (B) the establishment of projects that train Native 
     Americans to--
       (i) teach a Native American language to others; or
       (ii) serve as interpreters or translators of a Native 
     American language;
       (C) the development, printing, and dissemination of 
     materials to be used for the teaching and enhancement of a 
     Native American language;
       (D) the establishment or support of a project to train 
     Native Americans to produce or participate in television or 
     radio programs to be broadcast in a Native American language;
       (E) the compilation, transcription, and analysis of oral 
     testimony to record and preserve a Native American language;
       (F) the purchase of equipment, including audio and video 
     recording equipment, computers, and software, required to 
     carry out a Native American language project; and
       (G)(i) the establishment of Native American language nests, 
     which are site-based educational programs that--
       (I) provide instruction and child care through the use of a 
     Native American language for at least 10 children under the 
     age of 7 for an average of at least 500 hours per year per 
     student;
       (II) provide classes in a Native American language for 
     parents (or legal guardians) of students enrolled in a Native 
     American language nest (including Native American language-
     speaking parents); and
       (III) ensure that a Native American language is the 
     dominant medium of instruction in the Native American 
     language nest;
       (ii) the establishment of Native American language survival 
     schools, which are site-based educational programs for 
     school-age students that--
       (I) provide an average of at least 500 hours of instruction 
     through the use of 1 or more Native American languages for at 
     least 15 students for whom a Native American language 
     survival school is the principal place of instruction;
       (II) develop instructional courses and materials for 
     learning Native American languages and for instruction 
     through the use of Native American languages;
       (III) provide for teacher training;
       (IV) work toward a goal of all students achieving--

       (aa) fluency in a Native American language; and
       (bb) academic proficiency in mathematics, reading (or 
     language arts), and science; and

       (V) are located in areas that have high numbers or 
     percentages of Native American students; and
       (iii) the establishment of Native American language 
     restoration programs, which are educational programs that--
       (I) operate at least 1 Native American language program for 
     the community which the educational program serves;
       (II) provide training programs for teachers of Native 
     American languages;
       (III) develop instructional materials for the Native 
     American language restoration programs;
       (IV) work toward a goal of increasing proficiency and 
     fluency in at least 1 Native American language; and
       (V) provide instruction in at least 1 Native American 
     language.
       (2) Native american language restoration programs.--An 
     eligible entity carrying out a program described in paragraph 
     (1)(G)(iii) may use amounts made available under this section 
     to carry out--
       (A) Native American language programs, including--
       (i) Native American language immersion programs;
       (ii) Native American language and culture camps;
       (iii) Native American language programs provided in 
     coordination and cooperation with educational entities;
       (iv) Native American language programs provided in 
     coordination and cooperation with local institutions of 
     higher education;
       (v) Native American language programs that use a master-
     apprentice model of learning languages; and
       (vi) Native American language programs provided through a 
     regional program to better serve geographically dispersed 
     students;
       (B) Native American language teacher training programs, 
     including--
       (i) training programs in Native American language 
     translation for fluent speakers;
       (ii) training programs for Native American language 
     teachers;
       (iii) training programs for teachers in the use of Native 
     American language materials, tools, and interactive media to 
     teach Native American language; and
       (C) the development of Native American language materials, 
     including books, audio and visual tools, and interactive 
     media programs.
       (d) Applications.--
       (1) In general.--Subject to paragraph (2), in awarding a 
     grant under this section, the Secretary shall select 
     applicants from among eligible entities on the basis of 
     applications submitted to the Secretary at such time, in such 
     form, and containing such information as the Secretary 
     requires.
       (2) Requirements.--An application under paragraph (1) shall 
     include, at a minimum--
       (A) a detailed description of the current status of the 
     Native American language to be addressed by the project for 
     which a grant is requested, including a description of 
     existing programs and projects, if any, in support of that 
     language;
       (B) a detailed description of the project for which the 
     grant is requested;
       (C) a statement that the objectives of the project are in 
     accordance with the purposes of this section;
       (D) a detailed description of the plan of the applicant to 
     evaluate the project;
       (E) if appropriate, an identification of opportunities for 
     the replication or modification of the project for use by 
     other Native Americans;
       (F) a plan for the preservation of the products of the 
     Native American language project for the benefit of future 
     generations of Native Americans and other interested persons; 
     and
       (G) in the case of an application for a grant to carry out 
     any purpose specified in subsection (c)(1)(G)(iii), a 
     certification by the applicant that the applicant has not 
     less than 3 years of experience in operating and 
     administering a Native American language survival school, a 
     Native American language

[[Page 9903]]

     nest, or any other educational program in which instruction 
     is conducted in a Native American language.
       (3) Participating organizations.--If an applicant 
     determines that the objectives of a proposed Native American 
     language project would be accomplished more effectively 
     through a partnership with an educational entity, the 
     applicant shall identify the educational entity as a 
     participating organization in the application.
       (e) Limitations on Funding.--
       (1) Federal share.--The Federal share of the total cost of 
     a program under this section shall not exceed 80 percent.
       (2) Non-federal share.--
       (A) In general.--The non-Federal share of the cost of a 
     program under this section may be provided in cash or fairly 
     evaluated in-kind contributions, including facilities, 
     equipment, or services.
       (B) Source of non-federal share.--The non-Federal share--
       (i) may be provided from any private or non-Federal source; 
     and
       (ii) may include amounts (including interest) distributed 
     to an Indian tribe--

       (I) by the Federal Government pursuant to the satisfaction 
     of a claim made under Federal law;
       (II) from amounts collected and administered by the Federal 
     Government on behalf of an Indian tribe or the members of an 
     Indian tribe; or
       (III) by the Federal Government for general tribal 
     administration or tribal development under a formula or 
     subject to a tribal budgeting priority system, including--

       (aa) amounts involved in the settlement of land or other 
     judgment claims;
       (bb) severance or other royalty payments; or
       (cc) payments under the Indian Self-Determination Act (25 
     U.S.C. 450f et seq.) or a tribal budget priority system.
       (3) Duration.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may make grants made under this section on a 1-year, 2-year, 
     or 3-year basis.
       (B) Native american language restoration program.--The 
     Secretary shall only make a grant available under subsection 
     (c)(1)(G)(iii) on a 3-year basis.
       (f) Administration.--
       (1) In general.--The Secretary shall carry out this section 
     through the Bureau of Indian Education.
       (2) Expert panel.--
       (A) In general.--Not later than 180 days after date of 
     enactment of this section, the Secretary shall appoint a 
     panel of experts for the purpose of assisting the Secretary 
     to review--
       (i) applications submitted under subsection (d);
       (ii) evaluations carried out to comply with subsection 
     (d)(2)(C); and
       (iii) the preservation of products required by subsection 
     (d)(2)(F).
       (B) Composition.--
       (i) In general.--The panel shall include--

       (I) a designee of the Institute of American Indian and 
     Alaska Native Culture and Arts Development;
       (II) representatives of national, tribal, and regional 
     organizations that focus on Native American language or 
     Native American cultural research, development, or training; 
     and
       (III) other individuals who are recognized as experts in 
     the area of Native American language.

       (ii) Recommendations.--Recommendations for appointments to 
     the panel shall be solicited from Indian tribes and tribal 
     organizations.
       (C) Duties.--The duties of the panel shall include--
       (i) making recommendations regarding the development and 
     implementation of regulations, policies, procedures, and 
     rules of general applicability with respect to the 
     administration of this section;
       (ii) reviewing applications received under subsection (d);
       (iii) providing to the Secretary a list of recommendations 
     for the approval of applications in accordance with--

       (I) regulations issued by the Secretary; and
       (II) the relative need for the project; and

       (iv) reviewing evaluations submitted to comply with 
     subsection (d)(2)(C).
       (3) Products generated by projects.--
       (A) In general.--Subject to subparagraph (B), for 
     preservation and use in accordance with the responsibilities 
     of the respective organization under Federal law, a copy of 
     any product of a Native American language project for which a 
     grant is made under this section--
       (i) shall be transmitted to the Institute of American 
     Indian and Alaska Native Culture and Arts Development; and
       (ii) may be transmitted, at the discretion of the grantee, 
     to national and regional repositories of similar material.
       (B) Exemption.--
       (i) In general.--In accordance with the Federal recognition 
     of the sovereign authority of each Indian tribe over all 
     aspects of the culture and language of that Indian tribe and 
     subject to clause (ii), an Indian tribe may make a 
     determination--

       (I) not to transmit a copy of a product under subparagraph 
     (A);
       (II) not to permit the redistribution of a copy of a 
     product transmitted under subparagraph (A); or
       (III) to restrict in any manner the use or redistribution 
     of a copy of a product transmitted under subparagraph (A).

       (ii) Restrictions.--Clause (i) does not authorize an Indian 
     tribe--

       (I) to limit the access of the Secretary to a product 
     described in subparagraph (A) for purposes of administering 
     this section or evaluating the product; or
       (II) to sell a product described in subparagraph (A), or a 
     copy of that product, for profit to the entities referred to 
     in subparagraph (A).

       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for each of fiscal years 2013 through 2018.
       (h) Repeal; Conforming Amendments.--
       (1) Repeal.--Section 803C of the Native American Programs 
     Act of 1974 (42 U.S.C. 2991b-3) is repealed.
       (2) Conforming amendments.--Section 816 of the Native 
     American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
       (A) in subsection (a), by striking ``sections 803(d), 803A, 
     803C, 804, subsection (e) of this section'' and inserting 
     ``sections 803(d), 803A, and 804, subsection (d)'';
       (B) in subsection (b), by striking ``other than sections 
     803(d), 803A, 803C, 804, subsection (e) of this section'' and 
     inserting ``sections 803(d), 803A, and 804, subsection (d)''; 
     and
       (C) by striking subsection (e).

     SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST.

       (a) In General.--The Secretary of the Interior shall--
       (1) establish an in-school facility innovation program 
     contest in which institutions of higher education, including 
     a Tribal College or University (as defined in section 316 of 
     the Higher Education Act of 1965 (20 U.S.C. 1059c)), are 
     encouraged to consider solving the problem of how to improve 
     school facilities for tribal schools and schools served by 
     the Bureau of Indian Education for problem-based learning in 
     their coursework and through extracurricular opportunities; 
     and
       (2) establish an advisory group for the contest described 
     in paragraph (1) that shall include students enrolled at a 
     Tribal College or University, a representative from the 
     Bureau of Indian Education, and engineering and fiscal 
     advisors.
       (b) Submission of Finalists to the Indian Affairs 
     Committee.--The Secretary of the Interior shall submit the 
     finalists to the Committee on Indian Affairs of the Senate.
       (c) Winners.--The Secretary of the Interior shall--
       (1) determine the winners of the program contest conducted 
     under this section; and
       (2) award the winners appropriate recognition and reward.

     SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN SCHOOL 
                   FUNDS.

       Notwithstanding any other provision of law, beginning July 
     1, 2008, any funds (including investments and interest 
     earned, except for construction funds) held by a Public Law 
     100-297 grant or a Public Law 93-638 contract school shall, 
     upon retrocession to or reassumption by the Bureau of Indian 
     Education, remain available to the Bureau for a period of 5 
     years from the date of retrocession or reassumption for the 
     benefit of the programs approved for the school on October 1, 
     1995.

     SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF 
                   EDUCATION JOINT OVERSIGHT BOARD.

       (a) In General.--The Secretary of Education and the 
     Secretary of the Interior shall jointly establish a 
     Department of the Interior and Department of Education Joint 
     Oversight Board, that shall--
       (1) be co-chaired by both Departments; and
       (2) coordinate technical assistance, resource distribution, 
     and capacity building between the 2 departments on the 
     education of and for Native American students.
       (b) Information to Be Shared.--The Joint Oversight Board 
     shall facilitate the communication, collaboration, and 
     coordination between the 2 departments of education policies, 
     access to and eligibility for Federal resources, and budget 
     and school leadership development, and other issues, as 
     appropriate.

     SEC. 306. FEASIBILITY STUDY TO TRANSFER BUREAU OF INDIAN 
                   EDUCATION TO DEPARTMENT OF EDUCATION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Government Accountability 
     Office shall carry out a study that examines the feasibility 
     of transferring the Bureau of Indian Education from the 
     Department of the Interior to the Department of Education.
       (b) Contents.--The study shall include an assessment of the 
     impacts of a transfer described in subsection (a) on--
       (1) affected students;
       (2) affected faculty, staff, and other employees;
       (3) the organizational and operating structure of the 
     Bureau of Indian Education;
       (4) applicable Federal laws, including laws relating to 
     Indian preference; and
       (5) intergovernmental agreements.

[[Page 9904]]



     SEC. 307. TRIBAL SELF GOVERNANCE FEASIBILITY STUDY.

       (a) Study.--The Secretary of Education shall conduct a 
     study to determine the feasibility of entering into self 
     governance compacts and contracts with Indian tribal 
     governments who wish to operate public schools that reside 
     within their lands.
       (b) Considerations.--In conducting the study described in 
     subsection (a), the Secretary of Education shall consider the 
     feasibility of--
       (1) assigning and paying to an Indian tribe all 
     expenditures for the provision of services and related 
     administration funds that the Secretary would otherwise pay 
     to a State educational agency and a local educational agency 
     for 1 or more public schools located on the Indian lands of 
     such Indian tribe;
       (2) providing assistance to Indian tribes in developing 
     capacity to administer all programs and services that are 
     currently under the jurisdiction of the State educational 
     agency or local educational agency; and
       (3) authorizing the Secretary to treat an Indian tribe as a 
     State for the purposes of carrying out programs and services 
     funded by the Secretary that are currently under the 
     jurisdiction of the State.
       (c) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Secretary of Education shall 
     submit, to the Committee on Indian Affairs and the Committee 
     on Health, Education, Labor and Pensions of the Senate and 
     the Education and the Workforce Committee of the House of 
     Representatives, a report that includes--
       (1) the results of the study conducted under subsection 
     (a);
       (2) a summary of any consultation that occurred between the 
     Secretary and Indian tribes in conducting this study;
       (3) projected costs and savings associated with the 
     Department of Education entering into self governance 
     contracts and compacts with Indian tribes, and any estimated 
     impact on programs and services described in paragraphs (2) 
     and (3) of subsection (a) in relation to probable costs and 
     savings; and
       (4) legislative actions that would be required to authorize 
     the Secretary to enter into self governance compacts and 
     contracts with Indian tribes to provide such programs and 
     services.
       (d) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian Tribe'' means any 
     Indian tribe, band, nation, other organized group or 
     community, including any Native village or Regional 
     Corporation or Village Corporation as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act, that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       (2) Indian lands.--The term ``Indian lands'' has the 
     meaning given that term in section 8013 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713).

     SEC. 308. ESTABLISHMENT OF CENTER FOR INDIGENOUS EXCELLENCE.

       (a) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' shall have the meaning 
     given such term in section 101 of the Higher Education Act of 
     1965 (20 U.S.C. 1001).
       (2) Native american and native american language.--The 
     terms ``Native American'' and ``Native American language'' 
     shall have the meanings given such terms in section 103 of 
     the Native American Languages Act (25 U.S.C. 2902).
       (3) Native american language nests and survival schools.--
     The terms ``Native American language nest'' and ``Native 
     American language survival school'' shall have the meanings 
     given such terms in section 803C(b)(7) of the Native American 
     Programs Act of 1974 (42 U.S.C. 2991b-3).
       (4) Native hawaiian or native american pacific islander 
     native language educational organization.--The term ``Native 
     Hawaiian or Native American Pacific Islander native language 
     educational organization'' shall have the meaning given such 
     term in section 3301 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7011).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (6) STEM.--The term ``STEM'' means a science, technology, 
     engineering, and mathematics program.
       (7) Tribally sanctioned educational authority.--The term 
     ``tribally sanctioned educational authority'' shall have the 
     meaning given such term in section 3301 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7011).
       (b) In General.--There shall be established a Center for 
     Indigenous Excellence to--
       (1) support Native American governments, communities, 
     schools, and programs in the development and demonstration of 
     Native American language and culture-based education from the 
     preschool to graduate education levels as appropriate for 
     their distinctive populations, circumstances, visions, and 
     holistic approaches for the benefit of the entire community;
       (2) provide direction to Federal, State, and local 
     government entities relative to Native American language and 
     culture-based education;
       (3) demonstrate nationally and internationally recognized 
     educational best practices through integrated programming in 
     Native American language and culture-based education from the 
     preschool to graduate education levels that benefits the 
     entire specific indigenous group regardless of its geographic 
     dispersal, including--
       (A) teacher certification;
       (B) curriculum and materials development;
       (C) distance education support;
       (D) research; and
       (E) holistic approaches;
       (4) serve as an alternative pathway of choice for meeting 
     federally mandated academic assessments, teacher 
     qualifications, and curriculum design for Native American 
     language nests and Native American language survival schools; 
     and
       (5) serve as a coordinating entity and depository for 
     federally funded research into Native American language and 
     culture-based education including STEM applications that will 
     address workforce needs of Native American communities.
       (c) Eligible Entities.--For the purpose of determining the 
     site of the Center for Indigenous Excellence, the Secretary 
     shall consider the following to be an eligible entity:
       (1) A tribally sanctioned educational authority.
       (2) A Native American language college.
       (3) A Native Hawaiian or Native American Pacific Islander 
     native language educational organization.
       (4) An institution of higher education with a commitment to 
     serve Native American communities.
       (5) A local educational agency with a commitment to serve 
     Native American communities.
       (d) Criteria for Selection.--The Secretary shall determine 
     the site of the Center for Indigenous Excellence based on--
       (1) a record of excellence, on a national and international 
     level, with regard to Native American language and culture-
     based education;
       (2) a high representation of Native Americans among its 
     personnel;
       (3) a high representation of speakers of 1 or more Native 
     American languages among its personnel; and
       (4) a location in a community with a high representation of 
     Native Americans.
       (e) Establishment of Partnerships and Consortia.--
       (1) In general.--Once established, the Center for 
     Indigenous Excellence may develop partnerships or consortia 
     with other entities throughout the United States with 
     expertise appropriate to the mission of the Center and 
     include such entities in its work.
       (2) Assistance to partners.--The Center shall provide 
     assistance to partners, to the extent practicable, in 
     curriculum development, technology development, teacher and 
     staff training, research, and sustaining Native American 
     language nests, Native American survival schools, and Native 
     American language schools.
                                 ______
                                 
      By Mr. KOHL (for himself and Mr. Manchin):
  S. 1263. A bill to encourage, enhance, and integrate Silver Alert 
plans throughout the United States and for other purposes; to the 
Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today with Senator Manchin to 
introduce the Silver Alert Act of 2011. This legislation increases the 
chances of quickly locating missing senior citizens by establishing a 
national communications network to help regional and local search 
efforts.
  Every year, thousands of adults go missing from their homes or care 
facilities due to diminished mental capacity, dementia, Alzheimer's 
disease, or other circumstances. As the population of the United States 
ages, that number is likely to increase. Over five million Americans 
currently suffer from Alzheimer's disease, and it is estimated that 60 
percent of these men and women are likely to wander away from their 
homes. Disorientation and confusion may keep many from finding their 
way back home. The safe return of missing persons often depends upon 
them being found quickly. If not found within 24 hours, roughly half 
risk serious illness, injury, or death. Only four percent of those 
Alzheimer's sufferers who leave home are able to get back without some 
assistance.
  Our bill would create a national program to coordinate existing 
state-based Silver Alert plans so that missing seniors can be returned 
safely to their homes and families. Not only will a federal network 
increase the success of efforts to find missing seniors, but it also 
eliminates duplicative search efforts, saving the public time and 
money. The Silver Alert Act creates this needed Federal network.
  The Amber Alert system, which the Silver Alert Act is modeled after, 
has a track record of success. The Amber

[[Page 9905]]

Alert Act created a similar Federal program that filters information 
and transmits relevant details to the appropriate authorities as 
quickly as possible. Just as with missing and abducted children, timely 
notification and dissemination of appropriate information about missing 
seniors greatly improves the chances that they will be found before 
they are seriously harmed. Silver Alert plans use the same 
infrastructure as Amber Alert plans, so this Act enables us to protect 
another vulnerable group in our population, at very little additional 
cost.
  Over half of States have responded to the problem of missing seniors 
by establishing Silver Alert plans. These plans have created public 
notification systems triggered by the report of a missing senior. 
Postings on highways, radio, television, and other forms of media 
broadcast information about the missing senior to locate him or her, 
and return the senior safely home.
  I urge my colleagues to support this important legislation.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Kerry, Mr. Reid, Mr. Leahy, 
        and Mr. Durbin):
  S. 1264. A bill to require the Secretary of Veterans Affairs to 
permit facilities of the Department of Veterans Affairs to be 
designated as voter registration agencies, and for other purposes; to 
the Committee on Veterans' Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce, together with 
Senator Kerry, the Veteran Voting Support Act of 2011. We are joined by 
Senators Reid, Leahy, and Durbin.
  This bill would take important steps to improve veterans' access to 
voter registration services. Our veterans have served our Nation at 
great risk and sacrifice. I believe we should do everything in our 
power to ensure that they play a central role in our democratic 
process, that their votes are cast and their voices heard.
  Almost 4 years ago, during the previous administration, I learned 
that a Department of Veterans Affairs facility in California had been 
barring voter registration groups from accessing veterans in the 
facility. Similar reports emerged in Connecticut and other parts of the 
country.
  Since that time, Senator Kerry and I have been working, together with 
our cosponsors, to make sure that our Government works to provide 
veterans with voter registration services, not to prevent them from 
receiving election-related materials.
  We have written letters and our staffs have held meetings with the VA 
to establish a fair, nonpartisan policy to facilitate voter 
registration for veterans who receive services from VA facilities.
  We have made significant progress.
  After much negotiation, in 2008, the VA established a new and 
substantially improved policy that allows state and local election 
officials, as well as nonpartisan groups, to access VA facilities for 
voter registration under terms and conditions set by the facility. This 
is an improvement, and we have not heard serious complaints in recent 
years.
  However, legislation remains necessary. First, this voluntary policy 
could be rescinded or rolled back in the future; Federal law cannot. 
Second, more should be done to ensure not only that outside groups can 
register voters in a nonpartisan manner in VA facilities but also that 
veterans who live in and use these facilities have easy access to voter 
registration and absentee ballot forms, even when no group or official 
comes by.
  The Veteran Voting Support Act of 2011 would require the VA to 
provide voter registration forms to veterans when they enroll in the VA 
health care system, or change their status or address in that system.
  The bill would also ensure that veterans who live in VA facilities 
have access to absentee ballots when they want to cast votes, and that 
VA employees assist veterans with election-related forms if necessary, 
in the same way that these employees assist veterans with other forms.
  It would allow nonpartisan voter groups and election officials to 
provide voter information and registration services to veterans in a 
time, place, and manner that makes sense for the facilities.
  It would give the Attorney General authority to enforce these 
provisions.
  It is a cornerstone of our democracy that every eligible citizen is 
able to register and cast their vote. These rights should never be 
denied, by fiat or as a matter of practicality, to those who have given 
the very most for our country.
  I believe it is time that the VA provides veterans with the support 
they need and deserve to register, cast their votes, and have those 
votes counted.
  I hope my colleagues will join me in supporting the Veteran Voting 
Support Act of 2011.
  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. 1264

       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 ``Veteran Voting Support Act 
     of 2011''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Veterans have performed a great service to, and risked 
     the greatest sacrifice in the name of, our country, and 
     should be supported by the people and the Government of the 
     United States.
       (2) Veterans are especially qualified to understand issues 
     of war, foreign policy, and government support for veterans, 
     and they should have the opportunity to voice that 
     understanding through voting.
       (3) The Department of Veterans Affairs should assist 
     veterans to register to vote and to vote.

     SEC. 3. VOTER REGISTRATION AND ASSISTANCE.

       (a) In General.--The Secretary of Veterans Affairs shall 
     provide a mail voter registration application form to each 
     veteran--
       (1) who seeks to enroll in the Department of Veterans 
     Affairs health care system (including enrollment in a medical 
     center, a community living center, a community-based 
     outpatient center, or a domiciliary of the Department of 
     Veterans Affairs health care system), at the time of such 
     enrollment; and
       (2) who is enrolled in such health care system--
       (A) at any time when there is a change in the enrollment 
     status of the veteran; and
       (B) at any time when there is a change in the address of 
     the veteran.
       (b) Providing Voter Registration Information and 
     Assistance.--The Secretary shall provide to each veteran 
     described in subsection (a) the same degree of information 
     and assistance with voter registration as is provided by the 
     Department with regard to the completion of its own forms, 
     unless the applicant refuses such assistance.
       (c) Transmittal of Voter Registration Application Forms.--
       (1) In general.--The Secretary shall accept completed voter 
     registration application forms for transmittal to the 
     appropriate State election official.
       (2) Transmittal deadline.--
       (A) In general.--Subject to subparagraph (B), a completed 
     voter registration application form accepted at a medical 
     center, community living center, community-based outpatient 
     center, or domiciliary of the Department shall be transmitted 
     to the appropriate State election official not later than 10 
     days after the date of acceptance.
       (B) Exception.--If a completed voter registration 
     application form is accepted within 5 days before the last 
     day for registration to vote in an election, the application 
     shall be transmitted to the appropriate State election 
     official not later than 5 days after the date of acceptance.
       (d) Requirements of Voter Registration Information and 
     Assistance.--The Secretary shall ensure that the information 
     and assistance with voter registration that is provided under 
     subsection (b) will not--
       (1) seek to influence an applicant's political preference 
     or party registration;
       (2) display any such political preference or party 
     allegiance;
       (3) make any statement to an applicant or take any action 
     the purpose or effect of which is to discourage the applicant 
     from registering to vote; or
       (4) make any statement to an applicant or take any action 
     the purpose or effect of which is to lead the applicant to 
     believe that a decision to register or not register has any 
     bearing on the availability of services or benefits.
       (e) Limitation on Use of Information.--No information 
     relating to registering to vote, or a declination to register 
     to vote, under this section may be used for any purpose other 
     than voter registration.
       (f) Enforcement.--
       (1) Notice.--
       (A) Notice to the facility director or the secretary.--A 
     person who is aggrieved

[[Page 9906]]

     by a violation of this section or section 4 may provide 
     written notice of the violation to the Director of the 
     facility of the Department health care system involved or to 
     the Secretary. The Director or the Secretary shall respond to 
     a written notice provided under the preceding sentence within 
     20 days of receipt of such written notice.
       (B) Notice to the attorney general and the election 
     assistance commission.--If the violation is not corrected 
     within 90 days after receipt of a notice under subparagraph 
     (A), the aggrieved person may provide written notice of the 
     violation to the Attorney General and the Election Assistance 
     Commission.
       (2) Attorney general.--The Attorney General may bring a 
     civil action in an appropriate district court for such 
     declaratory or injunctive relief as is necessary to carry out 
     this section or section 4.

     SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS.

       (a) In General.--Consistent with State and local laws, each 
     director of a community living center, a domiciliary, or a 
     medical center of the Department of Veterans Affairs health 
     care system shall provide assistance in voting by absentee 
     ballot to veterans residing in the community living center or 
     domiciliary or who are inpatients of the medical center, as 
     the case may be.
       (b) Assistance Provided.--The assistance provided under 
     subsection (a) shall include--
       (1) providing information relating to the opportunity to 
     request an absentee ballot;
       (2) making available absentee ballot applications upon 
     request, as well as assisting in completing such applications 
     and ballots; and
       (3) working with local election administration officials to 
     ensure proper transmission of absentee ballot applications 
     and absentee ballots.

     SEC. 5. INFORMATION PROVIDED BY NONPARTISAN ORGANIZATIONS.

       The Secretary of Veterans Affairs shall permit nonpartisan 
     organizations to provide voter registration information and 
     assistance at facilities of the Department of Veterans 
     Affairs health care system, subject to reasonable time, 
     place, and manner restrictions, including limiting activities 
     to regular business hours and requiring advance notice.

     SEC. 6. ASSISTANCE PROVIDED BY ELECTION OFFICIALS AT 
                   DEPARTMENT OF VETERANS AFFAIRS FACILITIES.

       (a) Distribution of Information.--
       (1) In general.--Subject to reasonable time, place, and 
     manner restrictions, the Secretary of Veterans Affairs shall 
     not prohibit any election administration official, whether 
     State or local, party-affiliated or non-party affiliated, or 
     elected or appointed, from providing voting information to 
     veterans at any facility of the Department of Veterans 
     Affairs.
       (2) Voting information.--In this subsection, the term 
     ``voting information'' means nonpartisan information intended 
     for the public about voting, including information about 
     voter registration, voting systems, absentee balloting, 
     polling locations, and other important resources for voters.
       (b) Voter Registration Services.--The Secretary shall 
     provide reasonable access to facilities of the Department 
     health care system to State and local election officials for 
     the purpose of providing nonpartisan voter registration 
     services to individuals, subject to reasonable time, place, 
     and manner restrictions, including limiting activities to 
     regular business hours and requiring advance notice.

     SEC. 7. ANNUAL REPORT ON COMPLIANCE.

       The Secretary of Veterans Affairs shall submit to Congress 
     an annual report on how the Secretary has complied with the 
     requirements of this Act. Such report shall include the 
     following information with respect to the preceding year:
       (1) The number of veterans who were served by facilities of 
     the Department of Veterans Affairs health care system.
       (2) The number of such veterans who requested information 
     on or assistance with voter registration.
       (3) The number of such veterans who received information on 
     or assistance with voter registration.
       (4) Information with respect to written notices submitted 
     under section 3(f), including information with respect to the 
     resolution of the violations alleged in such written notices.

     SEC. 8. RULES OF CONSTRUCTION.

       (a) No Individual Benefit.--Nothing in this Act may be 
     construed to convey a benefit to an individual veteran.
       (b) No Effect on Other Laws.--Nothing in this Act may be 
     construed to authorize or require conduct prohibited under 
     any of the following laws, or to supersede, restrict, or 
     limit the application of such laws:
       (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
       (2) The Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (3) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (4) The National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.).
       (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Akaka):
  S. 1268. A bill to increase the efficiency and effectiveness of the 
Government by providing for greater interagency experience among 
national security and homeland security personnel through the 
development of a national security and homeland security human capital 
strategy and interagency rotational service by employees, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today, with my colleagues 
Senator Collins and Senator Akaka, to introduce legislation to improve 
the efficiency and effectiveness of our Government by fostering greater 
integration among the personnel who work on critical national security 
and homeland security missions.
  The national security and homeland security challenges that our 
nation faces in the 21st century are far more complex than those of the 
last century. Threats such as terrorism, proliferation of nuclear and 
biological weapons, insurgencies, and failed states are beyond the 
capability of any single agency of our Government, such as the 
Department of Defense, DOD, the Department of State, or the 
intelligence community, to counter on its own.
  In addition, threats such as terrorism and organized crime know no 
borders and instead cross the so-called ``foreign/domestic divide,'' 
the bureaucratic, cultural, and legal division between agencies that 
focus on threats from beyond our borders and those that focus on 
threats from within.
  Finally, a new group of government agencies is now involved in 
national and homeland security. These agencies bring to bear critical 
capabilities, such as interdicting terrorist finance, enforcing 
sanctions, protecting our critical infrastructure, and helping foreign 
countries threatened by terrorism to build their economies and legal 
systems, but many of them have relatively little experience of 
involvement with the traditional national security agencies. Some of 
these agencies have existed for decades or centuries, such as the 
Departments of Treasury, Justice, and Health and Human Services, HHS, 
while others are new since 9/11, such as the Department of Homeland 
Security, DHS, and the Office of the Director of National Intelligence, 
ODNI.
  As a result, our government needs to be able to apply all instruments 
of national power, including military, diplomatic, intelligence, law 
enforcement, foreign aid, homeland security, and public health, in a 
whole-of-government approach to counter these threats. We only need to 
look at our government's failure to use the full range of civilian and 
military capabilities to stymie the Iraqi insurgency immediately after 
the fall of Saddam Hussein's regime in 2003, the government's failure 
to prepare and respond to Hurricane Katrina in 2005, and the 
government's failure to share information and coordinate action prior 
to the attack at Fort Hood, Texas, in 2009, for examples of failure of 
interagency coordination and their costs in terms of lives, money, and 
the national interest.
  The challenge of integrating the agencies of the Executive Branch 
into a whole-of-government approach has been recognized by 
Congressionally chartered commissions for more than a decade. Prior to 
9/11, the Commission led by former Senators Gary Hart and Warren 
Rudman, entitled the U.S. Commission on National Security in the 21st 
Century, issued reports recommending fundamental reorganization to 
integrate government capabilities, including for homeland security.
  In 2004, the 9/11 Commission, led by former Governor Tom Kean and 
former Representative Lee Hamilton, found that the U.S. Government 
needed reform in order to foster a stronger, faster, and more efficient 
government-wide effort against terrorism.
  In 2008, the Commission on the Prevention of Weapons of Mass 
Destruction Proliferation and Terrorism, led by former Senators Bob 
Graham and Jim Talent, called for improving interagency coordination in 
our Nation's defenses against bioterrorism and other weapons of mass 
destruction.

[[Page 9907]]

  Congress has long recognized that a key way to better integrate our 
Government's capabilities is to provide strong incentives for personnel 
to do rotational assignments across bureaucratic stovepipes. The 
personnel who serve in our Government are our Nation's best-and-
brightest, and they have and will respond to incentives that we 
institute in order to improve coordination across our government.
  In 1986, Congress enacted the Goldwater-Nichols Department of Defense 
Reorganization Act. That legislation sought to break down stovepipes 
and foster jointness across the military services by requiring that 
military officers have served in a position outside of their service as 
a requirement for promotion to general or admiral.
  Twenty-five years later, this requirement has produced a sea change 
in military officers' mindsets and created a dominant military culture 
of jointness.
  In 2004, Congress enacted the Intelligence Reform and Terrorism 
Prevention Act at the 9/11 Commission's recommendation and required a 
similar rotational requirement for intelligence personnel. The Director 
of National Intelligence has since instituted rotations across the 
Intelligence Community as an eligibility requirement for promotion to 
senior intelligence positions, and this requirement is helping to 
integrate the 16 agencies and elements of the Intelligence Community.
  Finally, in 2005, Congress enacted the Post-Katrina Emergency 
Management Reform Act to improve our Nation's preparedness for and 
responses to domestic catastrophes and instituted a rotational program 
within the Department of Homeland Security in order to integrate that 
department.
  This proven mechanism of rotations must be applied to integrate the 
government as a whole on national security and homeland security 
issues. Indeed, the Hart/Rudman Commission called for rotations to 
other agencies and interagency professional education to be required in 
order for personnel to hold certain positions or be promoted to certain 
levels. The Graham/Talent Commission called for the Government to 
recruit the next generation of national security experts by 
establishing a program of joint duty, education, and training in order 
to create a culture of interagency collaboration, flexibility, and 
innovation.
  The Executive Branch has also recognized the need to foster greater 
interagency rotations and experience in order to improve integration 
across its agencies. In 2007, President George W. Bush issued Executive 
Order 13434 concerning national security professional development and 
to include interagency assignments. However, that executive order was 
not implemented aggressively toward the end of the Bush administration 
and has languished as the Obama administration pursued other 
priorities.
  Clearly, it is time for Congress to act and to institute the 
personnel incentives and reforms necessary to further integrate our 
government and enable it to counter the national security and homeland 
security threats of the 21st Century.
  Today I join with Senator Susan M. Collins and Senator Daniel K. 
Akaka to introduce the bipartisan Interagency Personnel Rotation Act of 
2011. Companion legislation is being introduced in the House of 
Representatives on a bipartisan basis by Representative Geoff Davis and 
Representative John F. Tierney.
  The purpose of this legislation is to enable Executive Branch 
personnel to view national security and homeland security issues from a 
whole-of-government perspective and be able to capitalize upon 
communities of interest composed of personnel from multiple agencies 
who work on the same national security or homeland security issue.
  This legislation requires that the Executive Branch identify 
``Interagency Communities of Interest,'' which are subject areas 
spanning multiple agencies and within which the Executive Branch needs 
to operate on a more integrated basis. Interagency Communities of 
Interest could include counterinsurgency, counterterrorism, counter 
proliferation, or regional areas such as the Middle East.
  This legislation then requires that agencies identify positions that 
are within each Interagency Community of Interest. Government personnel 
would then rotate to positions within other agencies but within the 
particular Interagency Community of Interest related to their 
expertise.
  Government personnel could also rotate to positions at offices that 
have specific interagency missions such as the National Security Staff. 
Completing an interagency rotation would be a prerequisite for 
selection to certain Senior Executive Service positions within that 
Interagency Community of Interest. As a result, personnel would have 
the incentives to serve in a rotational position and to develop the 
whole-of-government perspective and the network of contacts necessary 
for integrating across agencies and accomplishing national security and 
homeland security missions more efficiently and effectively.
  Let me offer some examples of how this might work.
  An employee of the U.S. Agency for International Development, USAID, 
who specializes in development strategy could rotate to the Office of 
the Secretary of Defense to advise DOD in planning on how development 
issues should be taken into account in military operations, while DOD 
counterinsurgency specialists could rotate to USAID to advise on how 
development priorities should be assessed in a counterinsurgency.
  A Treasury employee who does terrorist finance work could benefit 
from a rotation to Department of Justice to understand operations to 
take down terrorist cells and how terrorist finance work can help 
identify and prosecute their members, while Justice personnel would 
have the chance to learn from the Treasury's financial expertise in 
understanding how sources of funding can affect cells' formation and 
plotting.
  Someone from HHS who specializes in public health could rotate to a 
DOD counterinsurgency office to advise on improving public health in 
order to win over the hearts and minds of the population prone to 
counterinsurgency, while someone from DHS could rotate to HHS in order 
to learn about HHS's work to prepare the U.S. public health system for 
a biological terrorist attack.
  The cosponsors of this legislation and I recognize the complexity 
involved in the creation of Interagency Communities of Interest, the 
institution of rotations across a wide variety of government agencies, 
and having a rotation as a prerequisite for selection to certain Senior 
Executive Service positions. As a result, our legislation gives the 
Executive Branch substantial flexibility, including to identify 
Interagency Communities of Interest, to identify which positions in 
each agency are within a particular Interagency Community of Interest; 
to identify which positions in an Interagency Community of Interest 
should be open for rotation and how long the rotations will be; and 
finally, which Senior Executive Service positions have interagency 
rotational service as a prerequisite.
  To be clear, this legislation does not mandate that any agency be 
included in an Interagency Community of Interest or the interagency 
personnel rotations; instead, this legislation permits the Executive 
Branch to include any agency or part of an agency as the Executive 
Branch determines that our nation's national and homeland security 
missions require.
  In addition, our legislation gives the Executive Branch 15 years in 
which to implement this legislation and contains a substantial number 
of exemptions and waivers, especially during but not limited to the 
phase-in period.
  The legislation contains a number of provisions designed to protect 
the rights of our government personnel under existing law.
  Finally, this legislation is designed to be implemented without 
requiring any additional personnel for the Executive Branch. The 
legislation envisions that rotations will be conducted so that there is 
a reasonable equivalence between the number of personnel rotating out 
of an agency and the number

[[Page 9908]]

rotating in. That way, no agency will be short-staffed as a result of 
having sent its best-and-brightest to do rotations; each agency will be 
receiving the best-and-brightest from other agencies.
  Let me close by answering a common objection to government 
reorganization. To quote the 9/11 Commission, ``An argument against 
change is that the nation is at war, and cannot afford to reorganize in 
midstream. But some of the main innovations of the 1940s and 1950s, 
including the creation of the Joint Chiefs of Staff and even the 
construction of the Pentagon itself, were undertaken in the midst of 
war. Surely the country cannot wait until the struggle against Islamic 
terrorism is over.''
  I urge my colleagues to take bold action to improve the efficiency 
and effectiveness of our Government in countering 21st century national 
security and homeland security threats by promptly passing the 
Interagency Personnel Rotation Act of 2011.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mrs. Murray, and Mr. Bingaman):
  S. 1269. A bill to amend the Elementary and Secondary Education Act 
of 1965 to require the Secretary of Education to collect information 
from coeducational secondary schools on such schools' athletic 
programs, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Ms. SNOWE. Mr President, I rise to introduce the High School Data 
Transparency Act in celebration of the 39th Anniversary of Title IX. I 
am pleased to be joined again this year by my colleague from 
Washington, Senator Murray. Since the 108th Congress, we have 
introduced this bill to require that high schools, like their 
collegiate counterparts, disclose data on equity in sports, making it 
possible for student athletes and their parents to ensure fairness in 
their school's athletic programs.
  Since my first day in Washington in 1979, I have been a stalwart 
supporter of Title IX. And there should be no mistake what this 39 
year-old landmark civil rights law is all about, equal opportunity for 
both girls and boys to excel in athletics. Obviously, athletic 
participation supports physical health, but sports also impart benefits 
beyond the field of play.
  For girls who compete in sports, 50 percent are less likely to suffer 
depression and breast cancer . . . 80 percent are less likely to have a 
drug problem . . . and 92 percent are less likely to have an unwanted 
pregnancy. Athletic participation helps cultivate the kind of positive, 
competitive spirit that develops dedication, self-confidence, a sense 
of team spirit, and ultimate success later in life. So it is not 
surprising that, according to several studies, more than eight out of 
ten successful businesswomen played organized sports while growing up.
  To cite one example, Irene Rosenfeld, Chairman and CEO, Kraft Foods 
was quoted as saying, ``growing up, I was extremely athletic, and very 
competitive. I played four varsity sports in high school and went to 
Cornell because they had a fabulous women's athletic program, and the 
academics weren't bad either.''
  Without question, Title IX has been the driving factor in allowing 
thousands of women and girls the opportunity to benefit from 
intercollegiate and high school sports. Indeed, prior to Title IX, only 
1 in 27 high school girls, fewer than 300,000, played sports. Today, 
the number is more than 2.9 million . . . that is an increase of over 
900 percent. Moreover, our country is celebrating the achievements and 
being inspired by our female athletes now more than ever.
  Last fall, the University of California, Berkley celebrated the life 
of the late Jill Costello who served as an inspiration not only to her 
fellow teammates but to the thousands of girls who defy the odds every 
day. Jill participated on Cal's Women's Crew Team as their varsity 
coxswain despite being diagnosed with stage IV cancer with only nine 
months to live. Throughout her treatment she not only supported her 
friends, family and teammates but was supported by them. Despite 
battling for her life Jill led Cal to achieve second place at the NCAA 
national crew championship. Jill's story proves that the incredible 
mystical nature of team and friendship does exist.
  Earlier this year, the University of Connecticut's Women's Basketball 
Team furthered displayed women's progress in athletics. These women 
surpassed the University of California at Los Angeles men's basketball 
record of 88 consecutive wins achieving the longest winning streak of 
90 games. The impact of this accomplishment has yet to be fully 
realized but has surely raised the profile of not only women's 
basketball but also woman's athletics.
  Indeed, in my state of Maine, Bowdoin's women's varsity field hockey 
team has remarkably won Division III national championships in 3 of the 
last 4 years, putting Bowdoin and Maine on the women's field hockey 
map.
  So while we celebrate this remarkable progress, we cannot allow rest 
on our laurels. That is why I am so pleased to join with Senator Patty 
Murray, who has been a tireless advocate for women's sports, to 
reintroduce the High School Sports Data Collection Act of 2011.
  Our bill directs the Commissioner of the National Center for 
Education Statistics to collect information regarding participation in 
athletics broken down by gender; teams; race and ethnicity; and overall 
expenditures, including items like travel expenses, equipment and 
uniforms.
  These data are already reported, in most cases, to the state 
Departments of Education and should not pose any additional burden on 
the high schools. Further, to ensure public access to this vital 
information, our legislation would require high schools to post the 
data on the Department of Education's Web site and make this 
information available to students and the public upon request.
  For nearly 40 years, Title IX has opened doors by giving women and 
girls an equal opportunity to participate in student athletic programs. 
This bill will continue that tradition by allowing us to assess current 
opportunities for sports participation for young women, and correct any 
deficiencies.
  With this new information, we can ensure that young women all over 
the country have the chance not only to improve their athletic ability, 
but also to develop the qualities of teamwork, discipline, and self-
confidence that lead to success off the playing field. Soccer star, Mia 
Hamm, characterized it best when ``somewhere behind the athlete you've 
become and the hours of practice and the coaches who have pushed you is 
a little girl who fell in love with the game and never looked back . . 
. play for her,'' and I am introducing this bill today for her as well.
                                 ______
                                 
      By Mr. WHITEHOUSE:
  S. 1271. A bill to amend the Internal Revenue Code of 1968 to provide 
a temporary credit for hiring previously unemployed workers; to the 
Committee on finance.
  Mr. WHITEHOUSE. Mr. President, with the unemployment rate hovering 
above 9 percent nationwide, and at almost 11 percent in my home State 
of Rhode Island, job creation must continue to be our No. 1 priority as 
lawmakers.
  It disappoints me that Republicans chose politics over job creation 
yesterday when they filibustered legislation that would have 
reauthorized the Economic Development Administration, an agency 
dedicated to restoring economically distressed regions to prosperity. 
In the past, this bill has been reauthorized and supported broadly, 
indeed, by unanimous consent. It is the fourth jobs bill the minority 
has chosen to obstruct, and I hope my colleagues on the other side of 
the aisle will reconsider their tactics. If not, we may have to 
reconsider ours and force some votes on job creation measures without 
this litany of irrelevant amendments that have bogged down and 
obstructed the previous jobs bill we have tried to get action on. Out-
of-work Americans are hurting right now, and they want us to act to 
help create jobs.
  I rise today to introduce a measure that will do just that. I have 
heard

[[Page 9909]]

from dozens of Rhode Island business owners that business is picking up 
a bit, but they are still concerned the recovery may be temporary and 
that discourages them from hiring additional workers. I spoke with one 
such small business owner on Monday. I visited Dona Vincent during a 
tour of her Cranston, RI company, Tedco. Tedco makes and stamps metal 
components for the automotive, aerospace, and communications industry. 
It employed 13 people before the recession struck in 2008. Now it is 
down to eight employees. Dona and Ted's co-general manager Barbara 
Galonio wishes to start hiring more workers, but they worry that 
business could slow down again. They told me they have been waiting to 
hire, wanting to hire, and for months saying to themselves: Well, what 
if this? What if that? They have been on the border of hiring.
  The legislation I have introduced today, the Job Creation Tax Credit 
Act of 2011, would give Dona and thousands of other business owners 
nationwide greater security as they look forward to building their 
workforces. The bill would provide refundable tax credits for employers 
to hire new workers now. The way it would work is that for each 
qualified hire made in 2011, the business would receive a tax credit 
equal to 15 percent of the wages paid to the new employee. If the new 
employee remains employed or if the business were to hire additional 
employees in 2012, the business would be eligible for a 10-percent tax 
credit on those employees' wages next year. Because these tax credits 
would be refundable, businesses would benefit from them even if they 
are not currently profitable.
  One of the problems with struggling businesses that are not sure how 
much profit they are going to make if they are right on the edge is 
giving them a tax credit doesn't help because they have no tax against 
which to take the credit. A refundable tax credit comes to the business 
in spite of that. The higher credit in 2011 I expect would encourage 
employers to hire new workers as soon as possible, and the additional 
credit in 2012 would encourage retaining those employees and additional 
workforce expansion. To help those Americans who are struggling to find 
work, qualified hires would be defined as new employees who have been 
unemployed for at least 60 days prior to getting hired.
  The Job Creation Tax Credit Act would continue the job creations 
sparked by the HIRE Act of 2010 which included somewhat different tax 
incentives for new hiring. Economist Mark Zandi has estimated that the 
HIRE Act created 250,000 new jobs, a quarter of a million families with 
a paycheck coming in. The larger financial incentives in this new bill 
would continue to dent the unemployment numbers in Rhode Island and 
nationwide.
  The previous HIRE Act, sponsored by Senator Schumer and Senator 
Hatch, received wide bipartisan support, and I hope my colleagues on 
both sides of the aisle will support the Job Creation Tax Credit Act as 
well because right now we cannot forget that too many unemployed 
Americans are hurting. Too many are out of work. Too many are out of 
work through no fault of their own. Indeed, too many of them are still 
out of work because of the cascade of misery that washed across this 
country from the Wall Street meltdown. There may be a lot of blame to 
go around on that, but none of it attaches to the workers who got 
caught in that cascade of misery. Of course, too many families are 
struggling to make ends meet week to week. We must continue fighting 
for them by using every tool at our disposal, including these new tax 
incentives, to get our economy moving and to help businesses start 
hiring.
  Again, this is a bill with a proven successful strategy, that has 
been approved by this body in the past, that has had bipartisan support 
in the past, and that addresses the most important issue facing our 
country right now, and that is putting people back to work, rekindling 
our economy, and getting folks into jobs.
                                 ______
                                 
      By Mr. UDALL of New Mexico (for himself and Mr. Bingaman):
  S. 1272. A bill to require the Secretary of Veterans Affairs to 
submit to Congress a report on the feasibility and advisability of 
establishing of a polytrauma rehabilitation center or polytrauma 
network site of the Department of Veterans Affairs in the southern New 
Mexico and El Paso, Texas, region, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. UDALL of New Mexico. Mr. President, last fall I led a discussion 
with NM Veterans Secretary John Garcia on post-traumatic stress 
disorder or PTSD and other issues facing our veterans. We held our 
discussion near Silver City, New Mexico, at the historic Fort Bayard 
medical facility. This was an outstanding chance to hear firsthand from 
veterans about the medical problems they were facing.
  During this meeting, I found out that one of the biggest challenges 
that many veterans in southern New Mexico face is finding nearby 
treatment for PTSD and traumatic brain injury which are called the 
signature wounds of the wars in Afghanistan and Iraq.
  A bit of background for those who may not be familiar with my home 
State. Southern New Mexico is home to White Sands Missile Range, 
Holloman Air Force Base, and most of Fort. Bliss. It is a region filled 
with active duty personnel, as well as many veterans who choose to stay 
in New Mexico and the El Paso region after finishing their active duty 
service. And as more and more veterans return from Afghanistan and Iraq 
suffering from PTSD and traumatic brain injury, many need the services 
of polytrauma centers--which specialize in treating injuries like PTSD 
and TBI.
  Unfortunately, the closest polytrauma centers to southern New Mexico 
are hundreds of miles away.
  That is why, after hearing the stories of veterans who attended our 
Fort Bayard meeting, I began working on legislation to help improve the 
ability for them to access care in the region.
  With this legislation we hope to address that issue by requiring the 
Veterans Administration to submit to Congress a study on the 
feasibility of building a polytrauma center in the region. And we want 
them to consider Fort Bayard specifically as a location for that new 
polytrauma center.
  The facilities at Fort Bayard should not be wasted and could be put 
to good use by the Veterans Administration for a polytrauma center for 
the southern New Mexico/El Paso region. This plan would be a win-win 
for the region--it would provide veterans with much-needed, convenient 
access to a quality polytrauma center through the innovative use of a 
facility that is currently being underutilized.
  Veterans who have risked their lives for our country deserve 
convenient access to the best of care when they return home. Because as 
long as America faces threats and values freedom, we will need men and 
women willing to protect us. And as long as Americans serve in uniform, 
we have a sacred responsibility to support them.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Kohl, and Mr. Bingaman):
  S. 1275. A bill to require the Secretary of Health and Human Services 
to remove social security account numbers from Medicare identification 
cards and communications provided to Medicare beneficiaries in order to 
protect Medicare beneficiaries from identity theft; to the Committee on 
Finance.
  Mr. DURBIN. Mr. President, today I am introducing legislation with 
Senator Bingaman and Senator Kohl to remove Social Security numbers, 
SSNs, from Medicare identification cards.
  Today, many of the 45 million Medicare beneficiaries in the United 
States carry their Medicare cards in their wallets. The card displays 
an individual's Medicare identification number, which is their Social 
Security number with a 1- or 2-digit code at the end.
  The use of Social Security numbers on Medicare cards places millions 
of seniors at risk of identity theft because if the card is lost or 
stolen, their Social Security number is easily obtained. A person's 
Social Security number is one of the most valuable pieces of 
information that a thief can steal. It can unlock a treasure trove of 
personal and financial information.

[[Page 9910]]

  Last year, nearly 8.1 million Americans were victims of identity 
theft, many after their Social Security numbers were stolen. These 
crimes accounted for more than $37 billion in fraudulent charges.
  Recognizing this risk of identity theft, many government agencies and 
private businesses have stopped displaying Social Security numbers on 
identification cards. Thirty-three states have enacted laws that limit 
how public and private entities use and display Social Security 
numbers. Social Security numbers are being removed from driver's 
licenses, and most private health insurance cards no longer display 
them.
  Federal agencies have also taken steps to reduce the threat of 
identity theft. The Department of Veterans Affairs and Department of 
Defense are no longer displaying Social Security numbers on new 
identification cards. In addition, the Office of Personnel Management 
has directed health insurers participating in the Federal Employees 
Health Benefit Program to eliminate Social Security numbers from 
insurance cards.
  Unfortunately, the Centers for Medicare and Medicaid Services, CMS, 
is lagging behind other agencies.
  In 2005, I offered an amendment to the fiscal year 2006 Labor-HHS-
Education appropriations bill to require CMS to remove SSNs from 
Medicare cards. My amendment passed 98-0. The final bill directed CMS 
to provide Congress a report on steps necessary to remove the numbers.
  CMS issued the report in 2006, but it has not yet begun to remove 
Social Security numbers from Medicare cards.
  In 2008, the Inspector General of the Social Security Administration 
took CMS to task for its inaction. The Inspector General's report 
confirmed that displaying Social Security numbers on Medicare cards 
places millions of people at risk for identity theft and concluded that 
``immediate action is needed to address this significant 
vulnerability.''
  The bill that I am introducing today, the Social Security Number 
Protection Act of 2011, establishes a reasonable timetable for CMS to 
begin removing Social Security numbers from Medicare cards.
  Not later than 3 years after enactment, CMS would be prohibited from 
displaying Social Security numbers on newly issued Medicare cards. CMS 
would be prohibited from displaying the number on existing cards no 
later than 5 years after enactment.
  In addition to Medicare cards, the bill would prohibit CMS from 
displaying Social Security numbers on all written and electronic 
communications to Medicare beneficiaries, beginning no later than 3 
years after enactment, except in cases where their display is essential 
for the operation of the Medicare program.
  I urge my colleagues to cosponsor this important legislation and work 
with me to enact it. Removing Social Security numbers from Medicare 
cards and communications to beneficiaries is long overdue.
  Medicare beneficiaries should not be placed at greater risk of 
identity theft than people with private health insurance. Other Federal 
agencies have successfully removed Social Security numbers from 
identification cards, and we should require CMS to do the same.
  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. 1275

       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 ``Social Security Number 
     Protection Act of 2011''.

     SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES 
                   TO PROHIBIT THE DISPLAY OF SOCIAL SECURITY 
                   ACCOUNT NUMBERS ON MEDICARE IDENTIFICATION 
                   CARDS AND COMMUNICATIONS PROVIDED TO MEDICARE 
                   BENEFICIARIES.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall establish and begin to implement procedures to 
     eliminate the unnecessary collection, use, and display of 
     social security account numbers of Medicare beneficiaries.
       (b) Medicare Cards and Communications Provided to 
     Beneficiaries.--
       (1) Cards.--
       (A) New cards.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall ensure that each newly issued Medicare 
     identification card meets the requirements described in 
     subparagraph (C).
       (B) Replacement of existing cards.--Not later than 5 years 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall ensure that all Medicare 
     beneficiaries have been issued a Medicare identification card 
     that meets the requirements of subparagraph (C).
       (C) Requirements.--The requirements described in this 
     subparagraph are, with respect to a Medicare identification 
     card, that the card does not display or electronically store 
     (in an unencrypted format) a Medicare beneficiary's social 
     security account number.
       (2) Communications provided to beneficiaries.--Not later 
     than 3 years after the date of the enactment of this Act, the 
     Secretary of Health and Human Services shall prohibit the 
     display of a Medicare beneficiary's social security account 
     number on written or electronic communication provided to the 
     beneficiary unless the Secretary determines that inclusion of 
     social security account numbers on such communications is 
     essential for the operation of the Medicare program.
       (c) Medicare Beneficiary Defined.--In this section, the 
     term ``Medicare beneficiary'' means an individual who is 
     entitled to, or enrolled for, benefits under part A of title 
     XVIII of the Social Security Act or enrolled under part B of 
     such title.
       (d) Conforming Reference in the Social Security Act.--
     Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 
     405(c)(2)(C)) is amended by adding at the end the following 
     new clause:
       ``(xii) For provisions relating to requiring the Secretary 
     of Health and Human Services to prohibit the display of 
     social security account numbers on Medicare identification 
     cards and communications provided to Medicare beneficiaries, 
     see section 2 of the Social Security Number Protection Act of 
     2011.''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Roberts, Mr. Cornyn, Mr. Boozman, 
        Mr. Blunt, and Mr. Barrasso):
  S. 1278. A bill to amend the Internal Revenue Code of 1986 to repeal 
the excise tax on indoor tanning services; to the Committee on Finance.
  Ms. SNOWE. Mr. President, as former Chair and now Ranking Member of 
the Senate Small Business Committee, it is my privilege and my 
responsibility today to stand up for small businesses across America 
that are being unfairly hurt by a punitive and unnecessary tax. The so-
called ``tanning tax'' was included at the eleventh hour as part of 
last year's health care legislative maneuvering, and I am pleased to 
offer this legislation to repeal the tanning tax.
  The tanning tax was added to the health care bill without any 
analysis of how it would affect this industry comprised primarily of 
small businesses, 75 percent of whose employees and customers are 
women. I cannot reiterate enough that small businesses are the primary 
job creators in this country, responsible for more than two-thirds of 
all new jobs created. At a time when a staggering and seemingly 
intractable unemployment rate of over 9 percent has become the norm, 
when some 22 million Americans are unemployed or underemployed, when we 
are experiencing the longest period of long-term unemployment in 
American history since data collection started in 1948, surpassing even 
the 1982 double-dip recession for the length of unemployment, when the 
percentage of population that is employed has declined to 58.4 percent, 
the lowest level in nearly 30 years, how could anyone think that 
shuttering or slowing the growth of small businesses is a good idea?
  Reports show that small businesses lost an estimated $2 trillion in 
profits and asset valuation since the recession started in December 
2007, while larger companies have been less affected and are recovering 
more quickly. Combined with the current, on-going economic malaise, the 
tanning tax is certain to accelerate job losses in this industry beyond 
the 20,000 jobs already lost nationwide. These small businesses need 
our help, not a further hindrance such as this tax.
  I have heard first-hand of just what a job-killing, growth-preventing 
measure

[[Page 9911]]

this tax is. Sun Tan City, a chain of small business tanning salons 
based in Augusta, ME, with 125 employees in Maine and another 50 in New 
Hampshire have slowed dramatically the expansion of their business. 
They opened 7 new salons in 2009 but only 4 in 2010 and another 2 in 
2011. Sun Tan City remitted $85,000 to the IRS just this past quarter, 
money that would have gone to grow jobs and their business.
  The tanning tax is not just about the money, it is also about the 
burden of compliance. Each store must collect and remit its tanning tax 
liability individually, increasing the paperwork and compliance burden. 
At an estimated cost of $74 per hour spent complying with paperwork 
burdens, merely remitting the tax imposes yet another enormous burden 
on small businesses.
  Moreover, the tanning tax is imposed in addition to any state tax 
levies. For instance, New Jersey imposes a 7 percent tax on tanning 
services, meaning tanning salons in New Jersey are now responsible for 
17 percent in taxes just for this service. We are already hearing that 
those seeking tanning services are going to other States when possible 
in order to avoid the higher New Jersey and Federal combined taxes. I 
guess that is one way to improve interstate commerce.
  The worst part of the provision, though, may be the way the IRS has 
interpreted its implementation, in a way that favors larger businesses 
over smaller ones. The IRS released its tanning tax-implementing 
guidance on June 15, 2010, just two weeks before the tax became 
effective. This guidance contained a gross inequity that will subject 
some businesses to the tanning tax while exempting others. The guidance 
exempts ``qualified physical fitness facilities,'' which include gyms. 
That is, a person could pay for a membership at such a facility and be 
able to use that facility's tanning beds without having to pay the tax. 
Thus, the tax is having a disproportionate effect on small businesses 
while allowing larger, syndicated gyms and similar facilities to go 
untaxed.
  There are legitimate concerns about the health of those who engage in 
tanning, whether using natural sunlight or tanning beds. I do not come 
before you today to argue the science. But the Food and Drug 
Administration has been under pressure for years to ban outright the 
use of tanning beds and repeatedly has declined to do so. The 10 
percent tanning tax was never designed as a deterrent; it was designed 
solely to replace the 5 percent tax on Botox injections and elective 
cosmetic surgery as a revenue raiser to pay for the health care bill. 
No other factor was discussed, nor were there ever hearings on the 
merits. I am as concerned as any Senator or citizen about the health of 
our fellow Americans, but a dead-of-night job-killing tax increase on 
small businesses is not the way to address any health concerns!
  There are other ways, such as an education campaign, that would be 
far more effective and less cumbersome than this 10 percent tax to 
inform people about any tanning risks, especially when the IRS has 
carved out big businesses from being affected by the tax. Why is it 
safe to tan in gyms but not in salons? That is not a question the IRS 
should be answering. If the health issue is important enough to merit 
scrutiny of the industry, then let us have that debate, but the fact 
that there was no debate before this onerous tax was imposed makes it 
doubly outrageous.
  This bill is supported by the National Federation of Independent 
Businesses and by the Indoor Tanning Association, which is comprised of 
business owners and operators, as well as manufacturers and 
distributors of tanning equipment. The tanning tax was a painful hit to 
this sector of our economy and this bill will seek in some way to 
rectify what was done to them by eliminating the onerous tax going 
forward.
  Finally, I want to thank Glen and Dennis Guerrette, whose father, 
Will, served in the Maine state legislature, and Lewis Henry, all from 
Maine, for bringing this issue and their stories to my attention. I 
would also like to thank Congressmen Michael Grimm and Pat Tiberi and 
many others for their leadership in the House on this crucial issue.
  In conclusion, I urge my colleagues on both sides of the aisle to 
support our bill.
  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. 1278

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPEAL OF EXCISE TAX ON INDOOR TANNING SERVICES.

       (a) In General.--Subtitle D of the Internal Revenue Code of 
     1986 is amended by striking chapter 49 and by striking the 
     item relating to such chapter in the table of chapters of 
     such subtitle.
       (b) Effective Date.--The amendments made by this section 
     shall apply to services performed after the date of the 
     enactment of this Act.

                          ____________________