I 

113TH CONGRESS 

2D SESSION H. R. 4328 

To establish a program to award contracts to certain tribal organizations, 

Indian corporations, public school districts, and States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2014 

Mr. COLE (for himself, Ms. MCCOLLUM, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To establish a program to award contracts to certain tribal 

organizations, Indian corporations, public school districts, 

and States, 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. JOHNSON-O’MALLEY SUPPLEMENTAL INDIAN EDU2 CATION PROGRAM MODERNIZATION ACT. 

3 The Act of April 16, 1934 (commonly known as the 

4 ‘‘Johnson-O’Malley Act’’; 25 U.S.C. 452 et seq.), is 

5 amended by adding at the end the following new section: 

6 ‘‘SEC. 7. JOHNSON-O’MALLEY SUPPLEMENTAL INDIAN EDU7 CATION PROGRAM MODERNIZATION ACT. 

8 ‘‘(a) ESTABLISHMENT.—Notwithstanding any other 

9 provision of law, the Secretary of the Interior, acting 

10 through the Assistant Secretary of Indian Affairs and in 

11 conjunction with the Director of the Bureau of Indian 

12 Education, shall establish a program to enter into con13 tracts with eligible entities that have or serve Indian stu14 dents to provide educational benefits to such Indian stu15 dents. 

16 ‘‘(b) USES OF FUNDS.—An eligible entity that enters 

17 into a contract under subsection (a) shall use the funds 

18 available under the contract to provide educational bene19 fits to Indian students, by— 

20 ‘‘(1) carrying out programs or expanding pro21 grams in existence before the contract period that 

22 provide— 

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

24 cultural programs; 


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1 ‘‘(B) selected courses related to the aca2 demic and professional disciplines of science, 

3 technology, engineering, and mathematics; 

4 ‘‘(C) important needs, such as school sup5 plies and items that enable recipients to partici6 pate in curricular and extra-curricular pro7 grams; and 

8 ‘‘(D) program activities that were available 

9 to Indian students under contracts entered into 

10 under this Act before October 1, 2012; 

11 ‘‘(2) the establishment of targeted and cul12 turally sensitive dropout prevention activities; and 

13 ‘‘(3) the purchase of equipment to facilitate 

14 training for professional trade skills and intensified 

15 college preparation programs. 

16 ‘‘(c) FUNDING.—The Secretary shall transfer to the 

17 Bureau of Indian Education the funds necessary to carry 

18 out this section. 

19 ‘‘(d) COMPUTATION OF AWARDS.— 

20 ‘‘(1) DETERMINATION OF TOTAL STUDENTS.— 

21 Except as provided under paragraph (2), for the 

22 purpose of computing the amount that an eligible 

23 entity may receive under a contract entered into 

24 under subsection (a) for any fiscal year, the Sec25 retary shall— 


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1 ‘‘(A) determine the number of Indian stu2 dents who were in average daily attendance in 

3 the schools of the public school districts served 

4 by the eligible entity, and for whom such school 

5 districts provided free public education during 

6 the preceding school year; and 

7 ‘‘(B) provide a minimum of $125 per In8 dian student described in subparagraph (A). 

9 ‘‘(2) HOLD HARMLESS.—In the case of an eligi10 ble entity that has or serves eligible Indian children 

11 attending a public school that has been afforded 

12 supplemental services under a contract entered into 

13 under this Act on or before October 1, 1995, such 

14 eligible entity shall receive an amount under a con15 tract entered into under subsection (a) that is at 

16 least equal to the amount that such eligible entity 

17 would have received under the contract entered into 

18 under this Act on or before October 1, 1995. 

19 ‘‘(e) DATA USE.— 

20 ‘‘(1) IN GENERAL.—For purposes of the cal21 culation under subsection (d)(1), the Secretary shall 

22 use data for a public school district from not later 

23 than the fiscal year preceding the fiscal year for 

24 which the eligible entity involved is applying for a 

25 contract under subsection (a). 


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1 ‘‘(2) TRIBAL ORGANIZATION.—In the case of a 

2 tribal organization that has been established by the 

3 Bureau of Indian Affairs on or after October 1, 

4 2012, such tribal organization, shall, for the first 

5 year of operation of such organization, be based on 

6 data for the public school districts served by the or7 ganization for the fiscal year for which the organiza8 tion is applying for a contract under subsection (a). 

9 ‘‘(f) GEOGRAPHIC COVERAGE AND ENHANCED PAR10 TICIPATION.—In entering into contracts under subsection 

11 (a), the Secretary shall, to the extent practicable, ensure 

12 full geographic coverage and the full participation of all 

13 federally recognized tribes and school districts that have 

14 not entered into a contract under this Act before fiscal 

15 year 2015. 

16 ‘‘(g) COMPLEMENTARY PROGRAM PARTICIPANTS.— 

17 In entering into contracts under subsection (a), the Sec18 retary may give preference a consortium of tribal organi19 zations, to encourage as many students and professionals 

20 as possible to benefit from the program established under 

21 this section, including such a consortium that includes a 

22 Tribal college or university. 

23 ‘‘(h) ANNUAL REPORT.—The Secretary shall include 

24 in the Department of the Interior fiscal year annual budgVerDate Mar 15 2010 19:42 Apr 01, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4328.IH H4328

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1 et request to Congress an annual assessment of the pro2 gram established under this section. 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary for car5 rying out this section such sums as may be necessary. 

6 ‘‘(j) DEFINITIONS.— 

7 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means a— 

9 ‘‘(A) tribal organization; 

10 ‘‘(B) Indian Corporation; 

11 ‘‘(C) public school district; 

12 ‘‘(D) State; or 

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

14 ‘‘(2) ESEA TERMS.—The terms ‘elementary 

15 school’, ‘secondary school’, and ‘State’ have the 

16 meanings given such terms in section 9101 of the 

17 Elementary and Secondary Education Act of 1965 

18 (20 U.S.C. 7801). 

19 ‘‘(3) INDIAN STUDENT.—The term ‘Indian stu20 dent’ means a student who— 

21 ‘‘(A) attends a public school district; and 

22 ‘‘(B) is between age 3 and grade 12, 

23 and— 

24 ‘‘(i) resides on or near an Indian res25 ervation; 


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1 ‘‘(ii) is an enrolled member, or at 

2 least one-fourth or more degree of Indian 

3 blood descendant, of a member of a feder4 ally recognized Indian tribal government 

5 eligible for service by the Bureau of Indian 

6 Affairs; or 

7 ‘‘(iii) is an Alaska Native. 

8 ‘‘(4) PUBLIC SCHOOL DISTRICT.—The term 

9 ‘public school district’ means a school district that— 

10 ‘‘(A) serves public elementary schools or 

11 public secondary schools; and 

12 ‘‘(B) has established or will establish local 

13 committees under section 5 of this Act or is 

14 using a committee or Indian advisory school 

15 board described in such section 5 to approve 

16 supplementary or operational support programs 

17 beneficial to Indian students, including the pro18 grams described in paragraphs (1) through (3) 

19 of subsection (b). 

20 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of the Interior. 

22 ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The 

23 term ‘Tribal college or university’ has the meaning 

24 given the term in section 316(b)(3) of the Higher 

25 Education Act of 1965 (20 U.S.C. 1059c(b)(3)). 


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1 ‘‘(7) TRIBAL ORGANIZATION.—The term ‘Tribal 

2 organization’ means any tribe, band, or community 

3 of Indians which is subject to the laws of the United 

4 States relating to Indian affairs or any corporation, 

5 association, or group which is organized under any 

6 of such laws including Indian Education Consor7 tiums and Tribal Colleges and Universities.’’. 

Æ 


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