II 

114TH CONGRESS 

1ST SESSION S. 1390 

To help provide relief to State education budgets during a recovering economy, 

to help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2015 

Mr. GARDNER (for himself and Mr. BENNET) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To help provide relief to State education budgets during 

a recovering economy, to help fulfill the Federal mandate 

to provide higher educational opportunities for Native 

American Indians, 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 ‘‘Native American In5 dian Education Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) Nontribal colleges that serve Native Amer2 ican Indian students have a valuable supplemental 

3 role to that provided by tribally controlled commu4 nity colleges in making available educational oppor5 tunities to Native American Indian students. 

6 (2) Some 4-year colleges serve Native American 

7 Indian students by providing tuition-free education, 

8 with the support of the State in which the institu9 tions are located, as mandated by Federal statute, to 

10 hundreds of Native American Indian students in ful11 fillment of a condition under which the United 

12 States provided land and facilities for colleges to a 

13 State or college. 

14 (3) The value of the Native American Indian 

15 student tuition waiver benefits contributed by these 

16 colleges and the States that support them today far 

17 exceeds the value of the original grant of land and 

18 facilities. 

19 (4) The ongoing financial burden of meeting 

20 this Federal mandate to provide tuition-free edu21 cation to Native American Indian students is no 

22 longer equitably shared among the States and col23 leges because it does not distinguish between Native 

24 American Indian students who are residents of the 

25 State or of another State. 


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1 (5) Native American Indian student tuition 

2 waiver benefits are now at risk of being terminated 

3 by severe budget constraints being experienced by 

4 these colleges and the States which support them. 

5 (b) PURPOSE.—It is the purpose of this Act to ensure 

6 that Federal funding is provided in order to relieve con7 strained State education budgets and to support and sus8 tain the longstanding Federal mandate requiring colleges 

9 and States to waive, in certain circumstances, tuition 

10 charges for Native American Indian students admitted to 

11 an undergraduate college program, including the waiver 

12 of tuition charges for Native American Indian students 

13 who are not residents of the State in which the college 

14 is located. 

15 SEC. 3. STATE RELIEF FROM FEDERAL MANDATE. 

16 Part A of title III of the Higher Education Act of 

17 1965 (20 U.S.C. 1057 et seq.) is amended by inserting 

18 after section 319 the following: 

19 ‘‘SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDU20 CATION MANDATE. 

21 ‘‘(a) AMOUNT OF PAYMENT.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

23 and (3), for fiscal year 2015 and each succeeding 

24 fiscal year, the Secretary shall pay to any eligible 

25 college an amount equal to the charges for tuition 


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1 for such year for all Native American Indian stu2 dents who— 

3 ‘‘(A) are not residents of the State in 

4 which the college is located; and 

5 ‘‘(B) are enrolled in the college for the aca6 demic year ending before the beginning of such 

7 fiscal year. 

8 ‘‘(2) ELIGIBLE COLLEGES.—For purposes of 

9 this section, an eligible college is any institution of 

10 higher education serving Native American Indian 

11 students that provides tuition-free education as man12 dated by Federal statute, with the support of the 

13 State in which it is located, to Native American In14 dian students in fulfillment of a condition under 

15 which the college or State received its original grant 

16 of land and facilities from the United States. 

17 ‘‘(3) LIMITATION.—The amount paid to any eli18 gible college for each fiscal year under paragraph (1) 

19 may not exceed the amount equal to the charges for 

20 tuition for all Native American Indian students of 

21 that college who were not residents of the State in 

22 which the college is located and who were enrolled 

23 in the college for academic year 2014–2015. 

24 ‘‘(b) TREATMENT OF PAYMENT.—Any amounts re25 ceived by an eligible college under this section shall be 


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1 treated as a reimbursement from the State in which the 

2 college is located, and shall be considered as provided in 

3 fulfillment of any Federal mandate upon the State to 

4 admit Native American Indian students free of charge of 

5 tuition. 

6 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to relieve any State from any man8 date the State may have under Federal law to reimburse 

9 a college for each academic year— 

10 ‘‘(1) with respect to Native American Indian 

11 students enrolled in the college who are not residents 

12 of the State in which the college is located, any 

13 amount of charges for tuition for such students for 

14 such academic year that exceeds the amount re15 ceived under this section for such academic year; 

16 and 

17 ‘‘(2) with respect to Native American Indian 

18 students enrolled in the college who are residents of 

19 the State in which the college is located, an amount 

20 equal to the charges for tuition for such students for 

21 such academic year. 

22 ‘‘(d) DEFINITION OF NATIVE AMERICAN INDIAN

23 STUDENTS.—In this section, the term ‘Native American 

24 Indian students’ includes reference to the term ‘Indian pu25 pils’ as that term has been utilized in Federal statutes 


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1 imposing a mandate upon any college or State to provide 

2 tuition-free education to Native American Indian students 

3 in fulfillment of a condition under which the college or 

4 State received its original grant of land and facilities from 

5 the United States.’’. 

6 SEC. 4. OFFSET. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, $16,200,000 in appropriated discretionary 

9 funds are hereby rescinded, on a pro rata basis, by ac10 count, from all available unobligated funds. 

11 (b) IMPLEMENTATION.—The Director of the Office of 

12 Management and Budget shall determine and identify 

13 from which appropriation accounts the rescission under 

14 subsection (a) shall apply and the amount of such rescis15 sion that shall apply to each such account. Not later than 

16 60 days after the date of enactment of this Act, the Direc17 tor of the Office of Management and Budget shall submit 

18 a report to the Secretary of the Treasury and Congress 

19 of the accounts and amounts determined and identified for 

20 rescission under the preceding sentence. 

21 (c) EXCEPTION.—This section shall not apply to the 

22 unobligated funds of the Department of Defense, the De23 partment of Veterans Affairs, or the Department of Edu24 cation, or any unobligated funds available to the DepartVerDate Sep 11 2014 04:12 May 27, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1390.IS S1390

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1 ment of the Interior for the postsecondary education of 

2 Native American Indian students. 

Æ 


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