I 

114TH CONGRESS 

2D SESSION H. R. 4390 

To amend and reform the Johnson-O’Malley Act to award contracts to certain 

tribal organizations, Indian corporations, school districts, States, and 

consortia of tribal organizations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2016 

Ms. MCCOLLUM (for herself, Mr. COLE, Mr. HUFFMAN, and Mr. YOUNG of 

Alaska) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend and reform the Johnson-O’Malley Act to award 

contracts to certain tribal organizations, Indian corporations, school districts, States, and consortia of tribal 

organizations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Johnson-O’Malley Sup5 plemental Indian Education Program Modernization Act’’. 


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1 SEC. 2. SUPPLEMENTAL INDIAN EDUCATION PROGRAM 

2 MODERNIZATION. 

3 The Act of April 16, 1934 (25 U.S.C. 452 et seq.) 

4 (commonly known as the ‘‘Johnson-O’Malley Act’’), is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM 

7 MODERNIZATION. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ELEMENTARY SCHOOL.—The term ‘ele10 mentary school’ has the meaning given the term in 

11 section 8101 of the Elementary and Secondary Edu12 cation Act of 1965. 

13 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means an entity that educates or serves Indian 

15 students and is— 

16 ‘‘(A) a tribal organization; 

17 ‘‘(B) an Indian corporation; 

18 ‘‘(C) a school district; 

19 ‘‘(D) a State; or 

20 ‘‘(E) a consortium of tribal organizations. 

21 ‘‘(3) ELIGIBLE INDIAN STUDENT.—The term 

22 ‘eligible Indian student’ means an Indian student 

23 who is eligible under section 273.12 of title 25, Code 

24 of Federal Regulations (or any corresponding similar 

25 regulation or ruling). 


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1 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 450b). 

5 ‘‘(5) SECONDARY SCHOOL.—The term ‘sec6 ondary school’ has the meaning given the term in 

7 section 8101 of the Elementary and Secondary Edu8 cation Act of 1965. 

9 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of the Interior, acting through the As11 sistant Secretary for Indian Affairs. 

12 ‘‘(7) TRIBAL COLLEGE OR UNIVERSITY.—The 

13 term ‘Tribal College or University’ has the meaning 

14 given the term in section 316(b) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1059c(b)). 

16 ‘‘(b) ESTABLISHMENT.—The Secretary, in coordina17 tion with the Director of the Bureau of Indian Education, 

18 shall establish a program to enter into contracts and to 

19 monitor and review contractual obligations with eligible 

20 entities to provide educational benefits to eligible Indian 

21 students. 

22 ‘‘(c) USES OF FUNDS.—An eligible entity that enters 

23 into a contract under subsection (b) shall use the funds 

24 available under the contract for the educational benefit of 

25 eligible Indian students— 


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1 ‘‘(1) to establish and carry out programs, or to 

2 expand and carry out programs in existence before 

3 the period of time covered by the contract, to pro4 vide— 

5 ‘‘(A) remedial instruction, counseling, and 

6 cultural programs; 

7 ‘‘(B) courses related to science, technology, 

8 engineering, and mathematics; 

9 ‘‘(C) school supplies and other items that 

10 enable students to participate in curricular and 

11 extra-curricular programs; or 

12 ‘‘(D) activities that were available to In13 dian students under contracts entered into 

14 under this Act before October 1, 2012; 

15 ‘‘(2) to establish targeted, culturally sensitive, 

16 dropout prevention activities; and 

17 ‘‘(3) to purchase equipment to facilitate— 

18 ‘‘(A) training for professional trade skills; 

19 and 

20 ‘‘(B) intensified college preparation pro21 grams. 

22 ‘‘(d) COMPUTATION OF AWARDS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (3), the Secretary shall base the amount that 

25 an eligible entity receives under a contract entered 


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1 into under subsection (b) for any fiscal year on the 

2 number of eligible Indian students of the eligible en3 tity, as determined by the Secretary under para4 graph (2). 

5 ‘‘(2) DETERMINATION OF NUMBER OF ELIGI6 BLE INDIAN STUDENTS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 determine the number of eligible Indian stu9 dents of an eligible entity in accordance with 

10 this paragraph. 

11 ‘‘(B) INITIAL DETERMINATION.—Not later 

12 than 1 year after the date of enactment of this 

13 section, the Secretary shall publish a report de14 scribing the number of potentially eligible In15 dian students of each eligible entity, using data 

16 described in subparagraph (D) from, as deter17 mined by the Secretary, the most applicable, ac18 curate, and current of— 

19 ‘‘(i) the Bureau of the Census; or 

20 ‘‘(ii) the National Center for Edu21 cation Statistics. 

22 ‘‘(C) RECONCILIATION.—After publishing 

23 the report under subparagraph (B), the Sec24 retary, in coordination with the Director of the 

25 Bureau of Indian Education, shall consult with 


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1 entities party to a contract under subsection 

2 (b)— 

3 ‘‘(i) to establish a process to reconcile 

4 the data described in the report published 

5 under subparagraph (B) with— 

6 ‘‘(I) data described in subpara7 graph (D) of entities party to a con8 tract under subsection (b); and 

9 ‘‘(II) tribal enrollment informa10 tion; and 

11 ‘‘(ii) to determine an accurate number 

12 of eligible Indian students of each eligible 

13 entity. 

14 ‘‘(D) DATA USE.— 

15 ‘‘(i) IN GENERAL.—Subject to clause 

16 (ii), the Secretary shall use data from not 

17 earlier than the fiscal year preceding the 

18 fiscal year for which an eligible entity is 

19 applying for a contract under subsection 

20 (b) to determine the number of eligible In21 dian students. 

22 ‘‘(ii) NEW CONTRACTORS.—To deter23 mine the number of eligible Indian stu24 dents of an entity party to a contract 

25 under subsection (b) that the Secretary 


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1 recognized as an eligible entity during or 

2 after fiscal year 2012, the Secretary shall, 

3 for the first year of the period of time cov4 ered by the contract, use data of the school 

5 districts served by the entity for the fiscal 

6 year for which the entity is applying for a 

7 contract under subsection (b). 

8 ‘‘(3) HOLD HARMLESS.—An eligible entity that 

9 educates or serves eligible Indian students attending 

10 a public school that has been afforded supplemental 

11 services under a contract under this Act that took 

12 effect during or before fiscal year 1995 shall receive 

13 an amount under a contract entered into under sub14 section (b) equal to or greater than the amount that 

15 the eligible entity would have received under the con16 tract entered into under this Act during or before 

17 fiscal year 1995, for a period of time ending not 

18 sooner than 2 years after the date of enactment of 

19 this section. 

20 ‘‘(4) FUNDING REFORM.—The Secretary shall 

21 submit to Congress recommendations for legislation 

22 to provide resources to restore the amount of funds 

23 available through contracts under this Act per In24 dian student to the amount of funds available 


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1 through contracts under this Act per Indian student 

2 during fiscal year 1995. 

3 ‘‘(e) ADDITIONAL CONSIDERATIONS.— 

4 ‘‘(1) GEOGRAPHIC COVERAGE AND ENHANCED

5 PARTICIPATION.—In entering into contracts under 

6 subsection (b), the Secretary shall, to the maximum 

7 extent practicable, ensure— 

8 ‘‘(A) full geographic coverage; and 

9 ‘‘(B) the full participation of eligible enti10 ties. 

11 ‘‘(2) INCREASED PARTICIPATION OF ELIGIBLE

12 ENTITIES.—To the maximum extent practicable, the 

13 Secretary shall— 

14 ‘‘(A) contact and consult with Indian 

15 tribes and school districts with significant popu16 lations of eligible Indian students that have not 

17 previously contracted under this Act; and 

18 ‘‘(B) determine the interest in and eligi19 bility for administering services under this Act 

20 of the Indian tribes and school districts de21 scribed in subparagraph (A). 

22 ‘‘(3) COMPLEMENTARY PROGRAM PARTICI23 PANTS.—In entering into contracts under subsection 

24 (b), the Secretary may give preference to a consor25 tium of tribal organizations, including a consortium 


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1 of tribal organizations that includes a Tribal College 

2 or University, to encourage as many students and 

3 professionals as possible to benefit from the program 

4 established under subsection (b). 

5 ‘‘(f) ANNUAL REPORT.—The Secretary shall include 

6 in the budget request of the Department of the Interior 

7 for each fiscal year an annual assessment of the program 

8 established under subsection (b). 

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary such 

11 sums as are necessary to carry out this section.’’. 

Æ 


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