II 

111TH CONGRESS 

2D SESSION S. 3277 

To amend the American Recovery and Reinvestment Act of 2009 to reserve 

funds under the programs for payments to the Bureau of Indian Education of the Department of the Interior for Indian children. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2010 

Mr. UDALL of New Mexico introduced the following bill; which was read twice 

and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the American Recovery and Reinvestment Act 

of 2009 to reserve funds under the programs for payments to the Bureau of Indian Education of the Department of the Interior for Indian children. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds that— 

5 (1) the Federal Government has a unique and 

6 continuing trust relationship with, and responsibility 

7 to, Indians for the education of Indians; 


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1 (2) title XIV of the American Recovery and Re2 investment Act of 2009 (Public Law 111–5; 123 

3 Stat. 279) established the State Fiscal Stabilization 

4 Fund, which includes programs administered by the 

5 Department of Education for the purpose of advanc6 ing education reform; and 

7 (3) the Bureau of Indian Education of the De8 partment of the Interior and tribal governments, 

9 many of which operate tribal elementary and sec10 ondary schools, tribal colleges and universities, early 

11 childhood education programs, and tribal education 

12 departments, are ineligible to participate in the 

13 State Fiscal Stabilization Fund programs due to an 

14 oversight in that Act (Public Law 111–5; 123 Stat. 

15 115). 

16 SEC. 2. PAYMENTS FOR INDIAN CHILDREN. 

17 (a) STATE INCENTIVE GRANTS.—Section 14006(a) 

18 of division A of the American Recovery and Reinvestment 

19 Act of 2009 (Public Law 111–5; 123 Stat. 283) is amend20 ed— 

21 (1) by redesignating paragraph (2) as para22 graph (3); and 

23 (2) by inserting after paragraph (1) the fol24 lowing: 


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1 ‘‘(2) INDIAN CHILDREN.—After reserving funds 

2 under paragraph (1) for fiscal year 2010 and for 

3 each subsequent fiscal year for which funds are 

4 made available, the Secretary shall reserve at least 

5 1 percent, but not more than 5 percent, of the unob6 ligated balance of the funds reserved under section 

7 14001(c) to make a grant during fiscal year 2010 

8 or the subsequent fiscal year to the Bureau of In9 dian Education of the Department of the Interior to 

10 carry out activities consistent with this section for 

11 Indian children under such terms and conditions as 

12 the Secretary of Education determines to be appro13 priate.’’. 

14 (b) INNOVATION FUND.—Section 14007(a) of divi15 sion A of the American Recovery and Reinvestment Act 

16 of 2009 (Public Law 111–5; 123 Stat. 284) is amended— 

17 (1) by redesignating paragraph (3) as para18 graph (4); and 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) INDIAN CHILDREN.—Of the amount avail22 able to carry out this section for fiscal year 2010 

23 and for each subsequent fiscal year for which funds 

24 are made available, the Secretary shall reserve, from 

25 the unobligated balance of that amount, at least 1 


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1 percent, but not more than 5 percent, to make a 

2 grant to the Bureau of Indian Education of the De3 partment of the Interior to carry out activities con4 sistent with this section for Indian children under 

5 such terms and conditions as the Secretary of Edu6 cation determines to be appropriate.’’. 

Æ 


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