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the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
‘‘(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher edu-
cation;
‘‘(K) family literacy services; or
‘‘(L) other services that meet the purpose
described in subsection (a)(1).
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development of teaching professionals and
paraprofessional may be a part of any program as-
sisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT
REQUIREMENTS.—(A) The Sec-
retary may make multiyear grants under this section
for the planning, development, pilot operation, or
demonstration of any activity described in subsection
(c) for a period not to exceed 5 years.
‘‘(B) In making multiyear grants under this
section, the Secretary shall give priority to applica-
tions that present a plan for combining two or more
of the activities described in subsection (c) over a
period of more than 1 year.
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‘‘(C) The Secretary shall make a grant payment
to an eligible entity after the initial year of the
multiyear grant only if the Secretary determines
that the eligible entity has made substantial progress
in carrying out the activities assisted under the
grant in accordance with the application submitted
under paragraph (2) and any subsequent modifica-
tions to such application.
‘‘(D)(i) In addition to awarding the multiyear
grants described in subparagraph (A), the Secretary
may award grants to eligible entities for the dissemi-
nation of exemplary materials or programs assisted
under this section.
‘‘(ii) The Secretary may award a dissemination
grant under this subparagraph if, prior to awarding
the grant, the Secretary determines that the mate-
rial or program to be disseminated has been ade-
quately reviewed and has demonstrated—
‘‘(I) educational merit; and
‘‘(II) the ability to be replicated.
‘‘(2) APPLICATION.—(A) Any eligible entity
that desires to receive a grant under this section
shall submit an application to the Secretary at such
time and in such manner as the Secretary may re-
quire.
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‘‘(B) Each application submitted to the Sec-
retary under subparagraph (A), other than an appli-
cation for a dissemination grant under paragraph
(1)(D), shall contain—
‘‘(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which as-
sistance is sought;
‘‘(ii) assurances that the applicant will par-
ticipate, at the request of the Secretary, in any
national evaluation of activities assisted under
this section;
‘‘(iii) information demonstrating that the
proposed program is either a research-based
program (which may be a research-based pro-
gram that has been modified to be culturally
appropriate for the students who will be
served);
‘‘(iv) a description of how the applicant
will incorporate the proposed services into the
ongoing school program once the grant period is
over; and
‘‘(v) such other assurances and informa-
tion as the Secretary may reasonably require.
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‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative pur-
poses.
‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS
AND EDUCATION PROFESSIONALS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian
individuals in teaching or other education profes-
sions that serve Indian people;
‘‘(2) to provide training to qualified Indian indi-
viduals to enable such individuals to become teach-
ers, administrators, teacher aides, social workers,
and ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in
paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means—
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education;
‘‘(2) a State or local educational agency, in con-
sortium with an institution of higher education; and
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education.
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‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
tions approved under this section to enable such entities
to carry out the activities described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to provide support and training
for Indian individuals in a manner consistent with
the purposes of this section. Such activities may in-
clude but are not limited to, continuing programs,
symposia, workshops, conferences, and direct finan-
cial support.
‘‘(2) SPECIAL RULES.—(A) For education per-
sonnel, the training received pursuant to a grant
under this section may be inservice or preservice
training.
‘‘(B) For individuals who are being trained to
enter any field other than teaching, the training re-
ceived pursuant to a grant under this section shall
be in a program that results in a graduate degree.
‘‘(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 reasonably re-
quire.
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‘‘(f) SPECIAL RULE.—In making grants under this
section, the Secretary—
‘‘(1) shall consider the prior performance of the
eligible entity; and
‘‘(2) may not limit eligibility to receive a grant
under this section on the basis of—
‘‘(A) the number of previous grants the
Secretary has awarded such entity; or
‘‘(B) the length of any period during which
such entity received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section
shall be awarded for a period of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, that an individual who receives
training pursuant to a grant made under this
section—
‘‘(A) perform work—
‘‘(i) related to the training received
under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the as-
sistance received.
‘‘(2) REPORTING.—The Secretary shall estab-
lish, by regulation, a reporting procedure under
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which a grant recipient under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide in-
formation concerning the compliance of such recipi-
ent with the work requirement under paragraph (1).
‘‘Subpart 3—National Research Activities
‘‘SEC. 9141. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may
use funds made available under section 9162(b) for each
fiscal year to—
‘‘(1) conduct research related to effective ap-
proaches for the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities that are con-
sistent with the purpose of this part.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
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education, including Indian institutions of higher edu-
cation, and other public and private agencies and
institutions.
‘‘(c) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to assure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by the Office; and
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out by the
Office of Indian Education Programs and the Office
of Educational Research and Improvement.
‘‘Subpart 4—Federal Administration
‘‘SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION.
‘‘(a) MEMBERSHIP.—There is established a National
Advisory Council on Indian Education (hereafter in this
section referred to as the ‘Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall
be appointed by the President from lists of nominees
furnished, from time-to-time, by Indian tribes and
organizations; and
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‘‘(2) represent different geographic areas of the
United States.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary concerning the fund-
ing and administration (including the development of
regulations and administrative policies and prac-
tices) of any program, including any program estab-
lished under this part—
‘‘(A) with respect to which the Secretary
has jurisdiction; and
‘‘(B)(i) that includes Indian children or
adults as participants; or
‘‘(ii) that may benefit Indian children or
adults;
‘‘(2) make recommendations to the Secretary
for filling the position of Director of Indian Edu-
cation whenever a vacancy occurs; and
‘‘(3) submit to the Congress, not later than
June 30 of each year, a report on the activities of
the Council, including—
‘‘(A) any recommendations that the Coun-
cil considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
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‘‘(B) 
recommendations 
concerning 
the
funding of any program described in subpara-
graph (A).
‘‘SEC. 9152. PEER REVIEW.
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under sub-
part 2 or 3.
‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under subpart 2 or 3, the Sec-
retary shall give a preference to Indian tribes, organiza-
tions, and institutions of higher education under any pro-
gram with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants.
‘‘SEC. 9154. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for
a grant under subpart 2 unless the application is for a
grant that is—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant; and
‘‘(2) based on relevant research findings.
‘‘Subpart 5—Definitions; Authorizations of
Appropriations
‘‘SEC. 9161. DEFINITIONS.
‘‘For the purposes of this part:
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‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who—
‘‘(A) has attained the age of 16 years; or
‘‘(B) has attained an age that is greater
than the age of compulsory school attendance
under an applicable State law.
‘‘(2) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is—
‘‘(A) provided at public expense, under
public supervision and direction, and without
tuition charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(3) INDIAN.—The term ‘Indian’ means an in-
dividual who is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) any tribe or band terminated
since 1940; and
‘‘(ii) any tribe or band recognized by
the State in which the tribe or band re-
sides;
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‘‘(B) a descendant, in the first or second
degree, of an individual described in subpara-
graph (A);
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska
Native; or
‘‘(E) a member of an organized Indian
group that received a grant under the Indian
Education Act of 1988 as it was in effect the
day preceding the date of the enactment of the
Improving America’s Schools Act of 1994.
‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—For the purpose of carrying out
subpart 1 of this part, there are authorized to be appro-
priated $62,000,000 for fiscal year 2000, and such sums
as may be necessary for each of fiscal years 2001 through
2004.
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car-
rying out subparts 2 and 3 of this part, there are author-
ized to be appropriated $4,000,000 for fiscal year 2000,
and such sums as may be necessary for each of the fiscal
years 2001 through 2004.’’.
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PART B—NATIVE HAWAIIAN EDUCATION
SEC. 402. NATIVE HAWAIIAN EDUCATION.
Part B of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is re-
pealed.
PART C—ALASKA NATIVE EDUCATION
SEC. 403. ALASKA NATIVE EDUCATION.
Part C of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7931 et seq.) is
amended—
(1) by repealing sections 9304 through 9306
and inserting the following:
‘‘SEC. 9304. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational enti-
ties with experience in developing or operating Alas-
ka Native programs or programs of instruction con-
ducted in Alaska Native languages, and consortia of
such organizations and entities to carry out pro-
grams that meet the purpose of this part.
‘‘(2) 
PERMISSIBLE
ACTIVITIES.—Programs
under this part may include—
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‘‘(A) the development and implementation
of plans, methods, and strategies to improve the
education of Alaska Natives;
‘‘(B) the development of curricula and edu-
cational programs that address the educational
needs of Alaska Native students, including—
‘‘(i) curriculum materials that reflect
the cultural diversity or the contributions
of Alaska Natives;
‘‘(ii) instructional programs that make
use of Native Alaskan languages; and
‘‘(iii) networks that introduce success-
ful programs, materials, and techniques to
urban and rural schools;
‘‘(C) professional development activities for
educators, including—
‘‘(i) programs to prepare teachers to
address the cultural diversity and unique
needs of Alaska Native students;
‘‘(ii) in-service programs to improve
the ability of teachers to meet the unique
needs of Alaska Native students; and
‘‘(iii) recruiting and preparing teach-
ers who are Alaska Natives, reside in com-
munities with high concentrations of Alas-
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ka Native students, or are likely to succeed
as teachers in isolated, rural communities
and engage in cross-cultural instruction;
‘‘(D) the development and operation of
home instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children’s education from the earliest
ages;
‘‘(E) family Literacy Services;
‘‘(F) the development and operation of stu-
dent enrichment programs in science and math-
ematics that—
‘‘(i) are designed to prepare Alaska
Native students from rural areas, who are
preparing to enter high school, to excel in
science and math; and
‘‘(ii) provide appropriate support serv-
ices to the families of such students that
are needed to enable such students to ben-
efit from the program;
‘‘(G) research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults;
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‘‘(H) other research and evaluation activi-
ties related to programs under this part; and
‘‘(I) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
‘‘(3) HOME
INSTRUCTION
PROGRAMS.—Home
instruction programs for Alaska Native preschool
children under paragraph (2)(D) may include—
‘‘(A) programs for parents and their in-
fants, from prenatal through age three;
‘‘(B) preschool programs; and
‘‘(C) training, education, and support for
parents in such areas as reading readiness, ob-
servation, story-telling, and critical thinking.––
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of funds provided to a grantee under
this section for any fiscal year may be used for administra-
tive purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $10,000,000 for fiscal
year 2000, and such sums as may be necessary for each
of the fiscal years 2001 through 2004 to carry out this
part.’’;
(2) in section 9307—
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(A) by amending subsection (b) to read as
follows:
‘‘(b) APPLICATIONS.—State and local educational
agencies may apply for an award under this part only as
part of a consortium involving an Alaska Native organiza-
tion. This consortium may include other eligible appli-
cants.’’;
(B) by amending subsection (d) to read as
follows:
‘‘(d) LOCAL
EDUCATIONAL
AGENCY
COORDINA-
TION.—Each applicant for an award under this part shall
inform each local educational agency serving students who
would participate in the project about its application.’’;
and
(C) by striking subsection (e); and
(3) by redesignating sections 9307 and 9308 as
sections 9305 and 9306, respectively.
Subtitle B—Amendments to the
Education Amendments of 1978
SEC. 410. AMENDMENTS TO THE EDUCATIONS AMEND-
MENTS OF 1978.
Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2001 et seq.) is amended to read as fol-
lows:
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‘‘PART B—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 1120. FINDING AND POLICY.
‘‘(a) FINDING.—Congress finds and recognizes that
the Federal Government has the sole responsibility for the
operation and financial support of the Bureau of Indian
Affairs funded school system that it has established on
or near Indian reservations and Indian trust lands
throughout the Nation for Indian children.
‘‘(b) POLICY.—It is the policy of the United States
to work in full cooperation with Indian tribes toward the
goal of assuring that the programs of the Bureau of In-
dian Affairs funded school system are of the highest qual-
ity and meet the unique educational and cultural needs
of Indian children.
‘‘SEC. 1121. ACCREDITATION AND STANDARDS FOR THE
BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
‘‘(a) PURPOSE; DECLARATIONS OF PURPOSES.—
‘‘(1) PURPOSE.—The purpose of the standards
implemented under this section shall be to afford In-
dian students being served by a school funded by the
Bureau of Indian Affairs the same opportunities as
all other students in the United States to achieve
the same challenging State performance standards
expected of all students.
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‘‘(2) DECLARATIONS
OF
PURPOSES.—Local
school boards for schools operated by the Bureau of
Indian Affairs, in cooperation and consultation with
their tribal governing bodies and their communities,
are encouraged to adopt declarations of purposes of
education for their communities taking into account
the implications of such purposes on education in
their communities and for their schools. In adopting
such declarations of purpose, the school boards shall
consider the effect those declarations may have on
the motivation of students and faculties. Such dec-
larations shall represent the aspirations of the com-
munity for the kinds of people the community would
like its children to become, and shall include assur-
ances that all learners will become accomplished in
things and ways important to them and respected by
their parents and communities, shaping worthwhile
and satisfying lives for themselves, exemplifying the
best values of the community and humankind, and
becoming increasingly effective in shaping the char-
acter and quality of the world all learners share.
These declarations of purpose shall influence the
standards for accreditation to be accepted by the
schools.
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‘‘(b) STUDIES AND SURVEYS RELATING TO STAND-
ARDS.—Not later than 1 year after the date of the enact-
ment of the Student Results Act of 1999, the Secretary,
in consultation with the Secretary of Education, consortia
of education organizations, and Indian organizations and
tribes, and making the fullest use possible of other existing
studies, surveys, and plans, shall carry out by contract
with an Indian organization, studies and surveys to estab-
lish and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies
and surveys shall take into account factors such as aca-
demic needs, local cultural differences, type and level of
language skills, geographic isolation, and appropriate
teacher-student ratios for such children, and shall be di-
rected toward the attainment of equal educational oppor-
tunity for such children.
‘‘(c) REVISION
OF MINIMUM ACADEMIC STAND-
ARDS.—
‘‘(1) IN
GENERAL.—Not later than 2 years
after the date of the enactment of the Student Re-
sults Act of 1999, the Secretary shall—
‘‘(A) propose revisions to the minimum
academic standards published in the Federal
Register on September 9, 1995 (50 Fed. Reg.
174) for the basic education of Indian children
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attending Bureau funded schools in accordance
with the purpose described in subsection (a)
and the findings of the studies and surveys con-
ducted under subsection (b);
‘‘(B) publish such proposed revisions to
such standards in the Federal Register for the
purpose of receiving comments from the tribes,
tribal school boards, Bureau funded schools,
and other interested parties; and
‘‘(C) consistent with the provisions of this
section and section 1131, take such actions as
are necessary to coordinate standards imple-
mented under this section with the Comprehen-
sive School Reform Plan developed by the Bu-
reau and—
‘‘(i) with the standards of the im-
provement plans for the States in which
any school operated by the Bureau of In-
dian Affairs is located; or
‘‘(ii) in the case where schools oper-
ated by the Bureau are within the bound-
aries of reservation land of one tribe but
within the boundaries of more than one
State, with the standards of the State im-
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provement plan of one such State selected
by the tribe.
‘‘(2) FURTHER REVISIONS.—Not later that 6
months after the close of the comment period, the
Secretary shall establish final standards, distribute
such standards to all tribes and publish such final
standards in the Federal Register. The Secretary
shall revise such standards periodically as necessary.
Prior to any revision of such final standards, the
Secretary shall distribute such proposed revision to
all the tribes, and publish such proposed revision in
the Federal Register, for the purpose of receiving
comments from the tribes and other interested par-
ties.
‘‘(3) APPLICABILITY
OF
STANDARDS.—Except
as provided in subsection (e), the final standards
published under paragraph (2) shall apply to all Bu-
reau funded schools not accredited under subsection
(f), and may also serve as a model for educational
programs for Indian children in public schools.
‘‘(4) CONSIDERATIONS
WHEN
ESTABLISHING
AND REVISING STANDARDS.—In establishing and re-
vising such standards, the Secretary shall take into
account the unique needs of Indian students and
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support and reinforcement of the specific cultural
heritage of each tribe.
‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The
Secretary shall provide alternative or modified standards
in lieu of the standards established under subsection (c),
where necessary, so that the programs of each school are
in compliance with the minimum accreditation standards
required for schools in the State or region where the school
is located.
‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND-
ARDS.—A tribal governing body, or the local school board
so designated by the tribal governing body, shall have the
local authority to waive, in part or in whole, the standards
established under subsection (c) and (d) if such standards
are deemed by such body to be inappropriate. The tribal
governing body or designated school board shall, not later
than 60 days after a waiver under this subsection, submit
to the Secretary a proposal for alternative standards that
take into account the specific needs of the tribe’s children.
Such alternative standards shall be established by the Sec-
retary unless specifically rejected by the Secretary for
good cause and in writing to the affected tribes or local
school board, which rejection shall be final and not subject
to review.
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‘‘(f) ACCREDITATION
AND
IMPLEMENTATION
OF
STANDARDS.—
‘‘(1) DEADLINE FOR MEETING STANDARDS.—
Not later the second academic year after publication
of the standards, to the extent necessary funding is
provided, all Bureau funded schools shall meet the
standards established under subsections (c) and (d)
or shall be accredited—
‘‘(A) by a tribal accrediting body, if the ac-
creditation standards of the tribal accrediting
body have been accepted by formal action of the
tribal governing body and are equal to or ex-
ceed the accreditation standards of the State or
region in which the school is located;
‘‘(B) by a regional accreditation agency; or
‘‘(C) by State accreditation standards for
the State in which it is located.
‘‘(2) DETERMINATION OF STANDARDS TO BE
APPLIED.—The accreditation type or standards ap-
plied for each school shall be determined by the
school board of the school, in consultation with the
Administrator of the school, provided that in the
case where the School Board and the Administrator
fail to agree on the type of accreditation and stand-
ards to apply, the decision of the school board with
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the approval of the tribal governing body shall be
final.
‘‘(3) ASSISTANCE
TO
SCHOOL
BOARDS.—The
Secretary, through contracts and grants, shall assist
school boards of contract or grant schools in imple-
mentation of the standards established under sub-
sections (c) and (d), if the school boards request
that such standards, in part or in whole, be imple-
mented.
‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING
STANDARDS.—The Bureau shall, either directly or
through contract with an Indian organization, estab-
lish a consistent system of reporting standards for
fiscal control and fund accounting for all contract
and grant schools. Such standards shall provide data
comparable to those used by Bureau operated
schools.
‘‘(g) ANNUAL PLAN
FOR MEETING
OF STAND-
ARDS.—Except as provided in subsections (e) and (f), the
Secretary shall begin to implement the standards estab-
lished under this section immediately upon the date of
their establishment. On an annual basis, the Secretary
shall submit to the appropriate committees of Congress,
all Bureau funded schools, and the tribal governing bodies
of such schools a detailed plan to bring all Bureau schools
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and contract or grant schools up to the level required by
the applicable standards established under this section.
Such plan shall include detailed information on the status
of each school’s educational program in relation to the ap-
plicable standards established under this section, specific
cost estimates for meeting such standards at each school
and specific timelines for bringing each school up to the
level required by such standards.
‘‘(h) CLOSURE OR CONSOLIDATION OF SCHOOLS.—
‘‘(1) IN GENERAL.—Except as specifically re-
quired by statute, no school or peripheral dormitory
operated by the Bureau on or after January 1,
1992, may be closed or consolidated or have its pro-
gram substantially curtailed unless done according
to the requirements of this subsection.
‘‘(2) EXCEPTIONS.—This subsection shall not
apply—
‘‘(A) in those cases where the tribal gov-
erning body, or the local school board concerned
(if so designated by the tribal governing body),
requests closure or consolidation; or
‘‘(B) when a temporary closure, consolida-
tion, or substantial curtailment is required by
plant conditions which constitute an immediate
hazard to health and safety.
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‘‘(3) REGULATIONS.—The Secretary shall, by
regulation, promulgate standards and procedures for
the closure, transfer to another authority, consolida-
tion, or substantial curtailment of Bureau schools, in
accordance with the requirements of this subsection.
‘‘(4) NOTICE.—Whenever closure, transfer to
another authority, consolidation, or substantial cur-
tailment of a school is under active consideration or
review by any division of the Bureau or the Depart-
ment of the Interior, the affected tribe, tribal gov-
erning body, and designated local school board, will
be notified immediately, kept fully and currently in-
formed, and afforded an opportunity to comment
with respect to such consideration or review. When
a formal decision is made to close, transfer to an-
other authority, consolidate, or substantially curtail
a school, the affected tribe, tribal governing body,
and designated school board shall be notified at least
6 months prior to the end of the school year pre-
ceding the proposed closure date. Copies of any such
notices and information shall be transmitted prompt-
ly to the appropriate committees of Congress and
published in the Federal Register.
‘‘(5) REPORT.—The Secretary shall make a re-
port to the appropriate committees of Congress, the
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affected tribe, and the designated school board de-
scribing the process of the active consideration or re-
view referred to in paragraph (4). The report shall
include a study of the impact of such action on the
student population, identify those students with par-
ticular educational and social needs, and ensure that
alternative services are available to such students.
Such report shall include the description of the con-
sultation conducted between the potential service
provider, current service provider, parents, tribal
representatives and the tribe or tribes involved, and
the Director of the Office of Indian Education Pro-
grams within the Bureau regarding such students.
‘‘(6) LIMITATION
ON
CERTAIN
ACTIONS.—No
irrevocable action may be taken in furtherance of
any such proposed school closure, transfer to an-
other authority, consolidation or substantial curtail-
ment (including any action which would prejudice
the personnel or programs of such school) prior to
the end of the first full academic year after such re-
port is made.
‘‘(7) TRIBAL GOVERNING BODY APPROVAL RE-
QUIRED FOR CERTAIN ACTIONS.—The Secretary may
terminate, contract, transfer to any other authority,
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consolidate, or substantially curtail the operation or
facilities of—
‘‘(A) any Bureau funded school that is op-
erated on or after of January 1, 1999;
‘‘(B) any program of such a school that is
operated on or after January 1, 1999; or
‘‘(C) any school board of a school operated
under a grant under the Tribally Controlled
Schools Act of 1988,
only if the tribal governing body approves such ac-
tion.
‘‘(i) APPLICATION FOR CONTRACTS OR GRANTS FOR
NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU-
REAU FUNDED SCHOOLS.—
‘‘(1) IN GENERAL.—(A)(i) The Secretary shall
only consider the factors described in subparagraph
(B) in reviewing—
‘‘(I) applications from any tribe for the
awarding of a contract or grant for a school
that is not a Bureau funded school; and
‘‘(II) applications from any tribe or school
board of any Bureau funded school for—
‘‘(aa) a school which is not a Bureau
funded school; or
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‘‘(bb) the expansion of a Bureau
funded school which would increase the
amount of funds received by the Indian
tribe or school board under section 1127.
‘‘(ii) With respect to applications described in
this subparagraph, the Secretary shall give consider-
ation to all the factors described in subparagraph
(B), but no such application shall be denied based
primarily upon the geographic proximity of com-
parable public education.
‘‘(B) With respect to applications described in
subparagraph (A) the Secretary shall consider the
following factors relating to the program and serv-
ices that are the subject of the application:
‘‘(i) The adequacy of the facilities or the
potential to obtain or provide adequate facili-
ties.
‘‘(ii) Geographic and demographic factors
in the affected areas.
‘‘(iii) The adequacy of the applicant’s pro-
gram plans or, in the case of a Bureau funded
school, of projected needs analysis done either
by the tribe or the Bureau.
‘‘(iv) Geographic proximity of comparable
public education.
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‘‘(v) The stated needs of all affected par-
ties, including students, families, tribal govern-
ments at both the central and local levels, and
school organizations.
‘‘(vi) Adequacy and comparability of pro-
grams already available.
‘‘(vii) Consistency of available programs
with tribal educational codes or tribal legisla-
tion on education.
‘‘(viii) The history and success of these
services for the proposed population to be
served, as determined from all factors, including
but not limited to standardized examination
performance.
‘‘(2) DETERMINATION
ON
APPLICATION.—(A)
The Secretary shall make a determination of wheth-
er to approve any application described in paragraph
(1)(A) not later than 180 days after such applica-
tion is submitted to the Secretary.
‘‘(B) If the Secretary fails to make the deter-
mination with respect to an application by the date
described in subparagraph (A), the application shall
be treated a having been approved by the Secretary.
‘‘(3) REQUIREMENTS FOR APPLICATIONS.—(A)
Notwithstanding paragraph (2)(B), an application
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described in paragraph (1)(A) may be approved by
the Secretary only if—
‘‘(i) the application has been approved by
the tribal governing body of the students served
by (or to be served by) the school or program
that is the subject of the application; and
‘‘(ii) written evidence of such approval is
submitted with the application.
‘‘(B) Each application described in paragraph
(1)(A) shall provide information concerning each of
the factors described in paragraph (1)(B).
‘‘(4) DENIAL OF APPLICATIONS.—Whenever the
Secretary makes a determination to deny approval of
any application described in paragraph (1)(A), the
Secretary shall—
‘‘(A) state the objections in writing to the
applicant not later 180 days after the applica-
tion is submitted to the Secretary;
‘‘(B) provide assistance to the applicant to
overcome stated objections; and
‘‘(C) provide the applicant a hearing,
under the same rules and regulations pertaining
to the Indian Self-Determination and Education
Assistance Act and an opportunity to appeal
the objections raised by the Secretary.
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‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICA-
TION.—(A) Except as otherwise provided in this
paragraph, the action which is the subject of any ap-
plication described in paragraph (1)(A) that is ap-
proved by the Secretary shall become effective at the
beginning of the academic year following the fiscal
year in which the application is approved, or at an
earlier date determined by the Secretary.
‘‘(B) If an application is treated as having been
approved by the Secretary under paragraph (2)(B),
the action that is the subject of the application shall
become effective on the date that is 18 months after
the date on which the application is submitted to the
Secretary, or at an earlier date determined by the
Secretary.
‘‘(6) STATUTORY CONSTRUCTION.—Nothing in
this section shall be read so as to preclude the ex-
pansion of grades and related facilities at a Bureau
funded school where such expansion and the mainte-
nance of such expansion is occasioned or paid for
with non-Bureau funds.
‘‘(j) GENERAL USE OF FUNDS.—Funds received by
Bureau funded schools from the Bureau of Indian Affairs
and under any program from the Department of Edu-
cation or any other Federal agency for the purpose of pro-
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viding education or related services may be used for
schoolwide projects to improve the educational program
for all Indian students.
‘‘(k) STUDY ON ADEQUACY OF FUNDS AND FOR-
MULAS.—The Comptroller General shall conduct a study,
in consultation with Indian tribes and local school boards,
to determine the adequacy of funding, and formulas used
by the Bureau to determine funding, for programs oper-
ated by Bureau funded schools, taking into account unique
circumstances applicable to Bureau funded schools, as well
as expenditures for comparable purposes in public schools
nationally. Upon completion of the study, the Secretary
of the Interior shall take such action as necessary to en-
sure distribution of the findings of the study to all affected
Indian tribes, local school boards, and associations of local
school boards.
‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUA-
TIONS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of Education, Indian organizations and
tribes, and Bureau funded schools, shall revise the na-
tional standards for home-living (dormitory) situations to
include such factors as heating, lighting, cooling, adult-
child ratios, needs for counselors (including special needs
related to off-reservation home-living (dormitory) situa-
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tions), therapeutic programs, space, and privacy. Such
standards shall be implemented in Bureau operated
schools, and shall serve as minimum standards for con-
tract or grant schools. Once established, any revisions of
such standards shall be developed according to the re-
quirements established under section 1138A.
‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the revised standards established under this section
immediately upon their completion.
‘‘(c) PLAN.—At the time of each annual budget sub-
mission for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress, the tribes, and the affected schools, and publish
in the Federal Register, a detailed plan to bring all Bu-
reau funded schools that provide home-living (dormitory)
situations up to the standards established under this sec-
tion. Such plan shall include a statement of the relative
needs of each Bureau funded home-living (dormitory)
school, projected future needs of each Bureau funded
home-living (dormitory) school, detailed information on
the status of each school in relation to the standards es-
tablished under this section, specific cost estimates for
meeting each standard for each such school, aggregate
cost estimates for bringing all such schools into compli-
ance with the criteria established under this section, and
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specific timelines for bringing each school into compliance
with such standards.
‘‘(d) WAIVER.—The criteria established under this
section may be waived in the same manner as the stand-
ards provided under section 1121(c) may be waived.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS
PROHIBITED.—No school in operation on or before Janu-
ary 1, 1987 (regardless of compliance or noncompliance
with the criteria established under this section), may be
closed, transferred to another authority, consolidated, or
have its program substantially curtailed for failure to meet
the criteria.
‘‘SEC. 1123. CODIFICATION OF REGULATIONS.
‘‘(a) PART 32 OF TITLE 25 OF CODE OF FEDERAL
REGULATIONS.—The provisions of part 32 of title 25 of
the Code of Federal Regulations, as in effect on January
1, 1987, are incorporated into this Act and shall be treat-
ed as though such provisions are set forth in this sub-
section. Such provisions may be altered only by means of
an Act of Congress. To the extent that such provisions
of part 32 do not conform with this Act or any statutory
provision of law enacted before November 1, 1978, the
provisions of this Act and the provisions of such other
statutory law shall govern.
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‘‘(b) REGULATION DEFINED.—For purposes of this
part, the term ‘regulation’ means any rules, regulations,
guidelines, interpretations, orders, or requirements of gen-
eral applicability prescribed by any officer or employee of
the executive branch.
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) ESTABLISHMENT
BY SECRETARY.—The Sec-
retary shall establish, by regulation, separate geographical
attendance areas for each Bureau funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.——In any
case where there is more than one Bureau funded school
located on an Indian reservation, at the direction of the
tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted
by the Secretary.
‘‘(c) BOUNDARY REVISIONS.—
‘‘(1) IN GENERAL.—On or after July 1, 1999,
no geographical attendance area shall be revised or
established with respect to any Bureau funded
school unless the tribal governing body or the local
school board concerned (if so designated by the trib-
al governing body) has been afforded—
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‘‘(A) at least 6 months notice of the inten-
tion of the Bureau to revise or establish such
attendance area; and
‘‘(B) the opportunity to propose alternative
boundaries.
Any tribe may petition the Secretary for revision of
existing attendance area boundaries. The Secretary
shall accept such proposed alternative or revised
boundaries unless the Secretary finds, after con-
sultation with the affected tribe or tribes, that such
revised boundaries do not reflect the needs of the In-
dian students to be served or do not provide ade-
quate stability to all of the affected programs. The
Secretary shall cause such revisions to be published
in the Federal Register.
‘‘(2) TRIBAL RESOLUTION DETERMINATION.—
Nothing in this section shall be interpreted as deny-
ing a tribal governing body the authority, on a con-
tinuing basis, to adopt a tribal resolution allowing
parents the choice of the Bureau funded school their
children may attend, regardless of the attendance
boundaries established under this section.
‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall
not deny funding to a Bureau funded school for any eligi-
ble Indian student attending the school solely because that
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student’s home or domicile is outside of the geographical
attendance area established for that school under this sec-
tion. No funding shall be made available without tribal au-
thorization to enable a school to provide transportation for
any student to or from the school and a location outside
the approved attendance area of the school.
‘‘(e) RESERVATION
AS BOUNDARY.—In any case
where there is only one Bureau funded program located
on an Indian reservation, the attendance area for the pro-
gram shall be the boundaries (established by treaty, agree-
ment, legislation, court decisions, or executive decisions
and as accepted by the tribe) of the reservation served,
and those students residing near the reservation shall also
receive services from such program.
‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY)
SCHOOLS.—Notwithstanding any geographical attendance
areas, attendance at off-reservation home-living (dor-
mitory) schools shall include students requiring special
emphasis programs to be implemented at each off-reserva-
tion home-living (dormitory) school. Such attendance shall
be coordinated between education line officers, the family,
and the referring and receiving programs.
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) COMPLIANCE WITH HEALTH
AND SAFETY
STANDARDS.—The Secretary shall immediately begin to
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bring all schools, dormitories, and other Indian education-
related facilities operated by the Bureau or under contract
or grant with the Bureau into compliance with all applica-
ble tribal, Federal, or State health and safety standards,
whichever provides greater protection (except that the
tribal standards to be applied shall be no greater than any
otherwise applicable Federal or State standards), with sec-
tion 504 of the Rehabilitation Act of 1973, and with the
Americans with Disabilities Act of 1990. Nothing in this
section shall require termination of the operations of any
facility which does not comply with such provisions and
which is in use on the date of the enactment of the Stu-
dent Results Act of 1999.
‘‘(b) COMPLIANCE PLAN.—At the time that the an-
nual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all facili-
ties covered under subsection (a) of this section into com-
pliance with the standards referred to in subsection (a).
Such plan shall include detailed information on the status
of each facility’s compliance with such standards, specific
cost estimates for meeting such standards at each school,
and specific timelines for bringing each school into compli-
ance with such standards.
‘‘(c) CONSTRUCTION PRIORITIES.—
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‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On
an annual basis the Secretary shall submit to the
appropriate committees of Congress and cause to be
published in the Federal Register, the system used
to establish priorities for replacement and construc-
tion projects for Bureau funded schools and home-
living schools, including boarding schools and dor-
mitories. At the time any budget request for edu-
cation is presented, the Secretary shall publish in
the Federal Register and submit with the budget re-
quest the current list of all Bureau funded school
construction priorities.
‘‘(2) LONG-TERM
CONSTRUCTION
AND
RE-
PLACEMENT
LIST.—In addition to the plan sub-
mitted under subsection (b), the Secretary shall—
‘‘(A) not later than 18 months after the
date of the enactment of the Student Results
Act of 1999, establish a long-term construction
and replacement list for all Bureau funded
schools;
‘‘(B) using the list prepared under sub-
paragraph (A), propose a list for the orderly re-
placement of all Bureau funded education-re-
lated facilities over a period of 40 years to en-
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able planning and scheduling of budget re-
quests;
‘‘(C) cause the list prepared under sub-
section (B) to be published in the Federal Reg-
ister and allow a period of not less than 120
days for public comment;
‘‘(D) make such revisions to the list pre-
pared under subparagraph (B) as are appro-
priate based on the comments received; and
‘‘(E) cause the final list to be published in
the Federal Register.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this
section shall be construed as interfering with or
changing in any way the construction priority list as
it exists on the date of the enactment of the Student
Results Act of 1999.
‘‘(d) 
HAZARDOUS
CONDITION
AT
BUREAU
SCHOOL.—
‘‘(1) CLOSURE OR CONSOLIDATION.—A Bureau
funded school may be closed or consolidated, and the
programs of a Bureau funded school may be sub-
stantially curtailed by reason of plant conditions
that constitute an immediate hazard to health and
safety only if a health and safety officer of the Bu-
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reau determines that such conditions exist at the
Bureau funded school.
‘‘(2) INSPECTION.—(A) After making a deter-
mination described in paragraph (1), the Bureau
health and safety officer shall conduct an inspection
of the condition of such plant accompanied by an ap-
propriate tribal, county, municipal, or State health
and safety officer in order to determine whether con-
ditions at such plant constitute an immediate hazard
to health and safety. Such inspection shall be com-
pleted by not later than the date that is 30 days
after the date on which the action described in para-
graph (1) is taken. No further negative action may
be taken unless the findings are concurred in by the
second, non-Bureau of Indian Affairs inspector.
‘‘(B) If the health and safety officer conducting
the inspection of a plant required under subpara-
graph (A) determines that conditions at the plant do
not constitute an immediate hazard to health and
safety, any consolidation or curtailment that was
made under paragraph (1) shall immediately cease
and any school closed by reason of conditions at the
plant shall be reopened immediately.
‘‘(C) If a Bureau funded school is temporarily
closed or consolidated or the programs of a Bureau
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funded school are substantially curtailed under this
subsection and the Secretary determines that the
closure, consolidation, or curtailment will exceed 1
year, the Secretary shall submit to the Congress, by
not later than 6 months after the date on which the
closure, consolidation, or curtailment was initiated, a
report which sets forth the reasons for such tem-
porary actions, the actions the Secretary is taking to
eliminate the conditions that constitute the hazard,
and an estimated date by which such actions will be
concluded.
‘‘(e) FUNDING REQUIREMENT.—
‘‘(1) DISTRIBUTION
OF
FUNDS.—Beginning
with the fiscal year following the year of the date of
the enactment of the Student Results Act of 1999,
all funds appropriated for the operations and main-
tenance of Bureau funded schools shall be distrib-
uted by formula to the schools. No funds from this
account may be retained or segregated by the Bu-
reau to pay for administrative or other costs of any
facilities branch or office, at any level of the Bureau.
‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No
funds shall be withheld from the distribution to the
budget of any school operated under contract or
grant by the Bureau for maintenance or any other
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facilities or road related purpose, unless such school
has consented, as a modification to the contract or
in writing for grants schools, to the withholding of
such funds, including the amount thereof, the pur-
pose for which the funds will be used, and the
timeline for the services to be provided. The school
may, at the end of any fiscal year, cancel an agree-
ment under this paragraph upon giving the Bureau
30 days notice of its intent to do so.
‘‘(f) NO REDUCTION IN FEDERAL FUNDING.—Noth-
ing in this section shall be construed to diminish any Fed-
eral funding due to the receipt by the school of funding
for facilities improvement or construction from a State or
any other source.
‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC-
TIONS.
‘‘(a) FORMULATION AND ESTABLISHMENT OF POL-
ICY AND PROCEDURE; SUPERVISION OF PROGRAMS AND
EXPENDITURES.—The Secretary shall vest in the Assist-
ant Secretary for Indian Affairs all functions with respect
to formulation and establishment of policy and procedure
and supervision of programs and expenditures of Federal
funds for the purpose of Indian education administered
by the Bureau. The Assistant Secretary shall carry out
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such functions through the Director of the Office of Indian
Education Programs.
‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL
OPERATIONS.—Not later than 6 months after the date of
the enactment of the Student Results Act of 1999, the
Director of the Office of Indian Education Programs shall
direct and supervise the operations of all personnel di-
rectly and substantially involved in the provision of edu-
cation services by the Bureau, including school or institu-
tion custodial or maintenance personnel, facilities manage-
ment, contracting, procurement, and finance personnel.
The Assistant Secretary for Indian Affairs shall coordi-
nate the transfer of functions relating to procurement,
contracts, operation, and maintenance of schools and
other support functions to the Director.
‘‘(c) EVALUATION
OF PROGRAMS; SERVICES
AND
SUPPORT FUNCTIONS; TECHNICAL AND COORDINATING
ASSISTANCE.—Education personnel who are under the di-
rection and supervision of the Director of the Office of
Indian Education Programs in accordance with the first
sentence of subsection (b) shall—
‘‘(1) monitor and evaluate Bureau education
programs;
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‘‘(2) provide all services and support functions
for education programs with respect to personnel
matters involving staffing actions and functions; and
‘‘(3) provide technical and coordinating assist-
ance in areas such as procurement, contracting,
budgeting, personnel, curriculum, and operation and
maintenance of school facilities.
‘‘(d) CONSTRUCTION, IMPROVEMENT, OPERATION,
AND MAINTENANCE OF FACILITIES.—
‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant
Secretary shall submit in the annual budget a
plan—
‘‘(A) for school facilities to be constructed
under section 1125(c);
‘‘(B) for establishing priorities among
projects and for the improvement and repair of
educational facilities, which together shall form
the basis for the distribution of appropriated
funds; and
‘‘(C) for capital improvements to be made
over the five succeeding years.
‘‘(2) PROGRAM FOR OPERATION AND MAINTE-
NANCE.—
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall establish a program, including the
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distribution of appropriated funds, for the oper-
ation and maintenance of education facilities.
Such program shall include—
‘‘(i) a method of computing the
amount necessary for each educational fa-
cility;
‘‘(ii) similar treatment of all Bureau
funded schools;
‘‘(iii) a notice of an allocation of ap-
propriated funds from the Director of the
Office of Indian Education Programs di-
rectly to the education line officers and ap-
propriate school officials;
‘‘(iv) a method for determining the
need for, and priority of, facilities repair
and maintenance projects, both major and
minor. In making such determination, the
Assistant Secretary shall cause to be con-
ducted a series of meetings at the agency
and area level with representatives of the
Bureau funded schools in those areas and
agencies to receive comment on the lists
and prioritization of such projects; and
‘‘(v) a system for the conduct of rou-
tine preventive maintenance.
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‘‘(B) The appropriate education line offi-
cers shall make arrangements for the mainte-
nance of education facilities with the local su-
pervisors of the Bureau maintenance personnel.
The local supervisors of Bureau maintenance
personnel shall take appropriate action to im-
plement the decisions made by the appropriate
education line officers, except that no funds
under this chapter may be authorized for ex-
penditure unless such appropriate education
line officer is assured that the necessary main-
tenance has been, or will be, provided in a rea-
sonable manner.
‘‘(3) IMPLEMENTATION.—The requirements of
this subsection shall be implemented as soon as
practicable after the date of the enactment of the
Student Results Act of 1999.
‘‘(e) ACCEPTANCE OF GIFTS AND BEQUESTS.—Not-
withstanding any other provision of law, the Director shall
promulgate guidelines for the establishment of mecha-
nisms for the acceptance of gifts and bequests for the use
and benefit of particular schools or designated Bureau op-
erated education programs, including, where appropriate,
the establishment and administration of trust funds.
When a Bureau operated program is the beneficiary of
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such a gift or bequest, the Director shall make provisions
for monitoring its use and shall report to the appropriate
committees of Congress the amount and terms of such gift
or bequest, the manner in which such gift or bequest shall
be used, and any results achieved by such action.
‘‘(f) FUNCTIONS CLARIFIED.—For the purpose of
this section, the term ‘functions’ includes powers and du-
ties.
‘‘SEC. 1127. ALLOTMENT FORMULA.
‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT
STANDARDS.—
‘‘(1) FORMULA.—The Secretary shall establish,
by regulation adopted in accordance with section
1138A, a formula for determining the minimum an-
nual amount of funds necessary to sustain each Bu-
reau funded school. In establishing such formula,
the Secretary shall consider—
‘‘(A) the number of eligible Indian stu-
dents served and total student population of the
school;
‘‘(B) special cost factors, such as—
‘‘(i) the isolation of the school;
‘‘(ii) the need for special staffing,
transportation, or educational programs;
‘‘(iii) food and housing costs;
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‘‘(iv) maintenance and repair costs as-
sociated with the physical condition of the
educational facilities;
‘‘(v) special transportation and other
costs of isolated and small schools;
‘‘(vi) the costs of home-living (dor-
mitory) arrangements, where determined
necessary by a tribal governing body or
designated school board;
‘‘(vii) costs associated with greater
lengths of service by education personnel;
‘‘(viii) the costs of therapeutic pro-
grams for students requiring such pro-
grams; and
‘‘(ix) special costs for gifted and tal-
ented students;
‘‘(C) the cost of providing academic serv-
ices which are at least equivalent to those pro-
vided by public schools in the State in which
the school is located; and
‘‘(D) such other relevant factors as the
Secretary determines are appropriate.
‘‘(2) REVISION OF FORMULA.—Upon the estab-
lishment of the standards required in sections 1121
and 1122, the Secretary shall revise the formula es-
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tablished under this subsection to reflect the cost of
funding such standards. Not later than January 1,
2001, the Secretary shall review the formula estab-
lished under this section and shall take such steps
as are necessary to increase the availability of coun-
seling and therapeutic programs for students in off-
reservation home-living (dormitory) schools and
other Bureau operated residential facilities. Concur-
rent with such action, the Secretary shall review the
standards established under section 1122 to be cer-
tain that adequate provision is made for parental no-
tification regarding, and consent for, such counseling
and therapeutic programs.
‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any
other provision of law, Federal funds appropriated for the
general local operation of Bureau funded schools shall be
allotted pro rata in accordance with the formula estab-
lished under subsection (a).
‘‘(c) ANNUAL
ADJUSTMENT; RESERVATION
OF
AMOUNT FOR SCHOOL BOARD ACTIVITIES.—
‘‘(1) ANNUAL
ADJUSTMENT.—For fiscal year
2001, and for each subsequent fiscal year, the Sec-
retary shall adjust the formula established under
subsection (a) to—
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‘‘(A) use a weighted unit of 1.2 for each el-
igible Indian student enrolled in the seventh
and eighth grades of the school in considering
the number of eligible Indian students served
by the school;
‘‘(B) consider a school with an enrollment
of less than 50 eligible Indian students as hav-
ing an average daily attendance of 50 eligible
Indian students for purposes of implementing
the adjustment factor for small schools;
‘‘(C) take into account the provision of res-
idential services on less than a 9-month basis at
a school when the school board and supervisor
of the school determine that a less than 9-
month basis will be implemented for the school
year involved;
‘‘(D) use a weighted unit of 2.0 for each
eligible Indian student that—
‘‘(i) is gifted and talented; and
‘‘(ii) is enrolled in the school on a full-
time basis,
in considering the number of eligible Indian
students served by the school; and
‘‘(E) use a weighted unit of 0.25 for each
eligible Indian student who is enrolled in a
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yearlong credit course in an Indian or Native
language as part of the regular curriculum of a
school, in considering the number of eligible In-
dian students served by such school.
The adjustment required under subparagraph (E)
shall be used for such school after—
‘‘(i) the certification of the Indian or Na-
tive language curriculum by the school board of
such school to the Secretary, together with an
estimate of the number of full-time students ex-
pected to be enrolled in the curriculum in the
second school year for which the certification is
made; and
(ii) the funds appropriated for allotment
under this section are designated by the appro-
priations Act appropriating such funds as the
amount necessary to implement such adjust-
ment at such school without reducing allot-
ments made under this section to any school by
virtue of such adjustment.
‘‘(2) RESERVATION OF AMOUNT.—
‘‘(A) IN GENERAL.—From the funds allot-
ted in accordance with the formula established
under subsection (a) for each Bureau school,
the local school board of such school may re-
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serve an amount which does not exceed the
greater of—
‘‘(i) $8,000; or
‘‘(ii) the lesser of—
‘‘(I) $15,000; or
‘‘(II) 1 percent of such allotted
funds,
for school board activities for such school, in-
cluding (notwithstanding any other provision of
law) meeting expenses and the cost of member-
ship in, and support of, organizations engaged
in activities on behalf of Indian education.
‘‘(B) TRAINING.—Each school board shall
see that each new member of the school board
receives, within 12 months of the individual’s
assuming a position on the school board, 40
hours of training relevant to that individual’s
service on the board. Such training may include
legal issues pertaining to schools funded by the
Bureau, legal issues pertaining to school
boards, ethics, and other topics deemed appro-
priate by the school board.
‘‘(d) RESERVATION
OF
AMOUNT
FOR
EMER-
GENCIES.—The Secretary shall reserve from the funds
available for distribution for each fiscal year under this
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section an amount which, in the aggregate, shall equal 1
percent of the funds available for such purpose for that
fiscal year. Such funds shall be used, at the discretion of
the Director of the Office of Indian Education Programs,
to meet emergencies and unforeseen contingencies affect-
ing the education programs funded under this section.
Funds reserved under this subsection may only be ex-
pended for education services or programs, including
emergency repairs of educational facilities, at a schoolsite
(as defined by section 5204(c)(2) of the Tribally Con-
trolled Schools Act of 1988). Funds reserved under this
subsection shall remain available without fiscal year limi-
tation until expended. However, the aggregate amount
available from all fiscal years may not exceed 1 percent
of the current year funds. Whenever, the Secretary makes
funds available under this subsection, the Secretary shall
report such action to the appropriate committees of Con-
gress within the annual budget submission.
‘‘(e) 
SUPPLEMENTAL
APPROPRIATIONS.—Supple-
mental appropriations enacted to meet increased pay costs
attributable to school level personnel shall be distributed
under this section.
‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—For the
purpose of this section, the term ‘eligible Indian student’
means a student who—
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‘‘(1) is a member of or is at least one-fourth de-
gree Indian blood descendant of a member of an In-
dian tribe which is eligible for the special programs
and services provided by the United States through
the Bureau because of their status as Indians; and
‘‘(2) resides on or near an Indian reservation or
meets the criteria for attendance at a Bureau off-
reservation home-living (dormitory) school.
‘‘(g) TUITION.—
‘‘(1) IN GENERAL.—An eligible Indian student
may not be charged tuition for attendance at a Bu-
reau school or contract or grant school. A student
attending a Bureau school under paragraph (2)(C)
may not be charged tuition for attendance at such
a school.
‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS
AT BUREAU SCHOOLS.—The Secretary may permit
the attendance at a Bureau school of a student who
is not an eligible Indian student if—
‘‘(A) the Secretary determines that the
student’s attendance will not adversely affect
the school’s program for eligible Indian stu-
dents because of cost, overcrowding, or violation
of standards or accreditation;
‘‘(B) the school board consents;
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‘‘(C) the student is a dependent of a Bu-
reau, Indian Health Service, or tribal govern-
ment employee who lives on or near the school
site; or
‘‘(D) a tuition is paid for the student that
is not more than that charged by the nearest
public school district for out-of-district stu-
dents, and shall be in addition to the school’s
allocation under this section.
‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS
AT CONTRACT AND GRANT SCHOOLS.—The school
board of a contract or grant school may permit stu-
dents who are not eligible Indian students under this
subsection to attend its contract school or grant
school and any tuition collected for those students
shall be in addition to funding received under this
section.
‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR
LIMITATION.—Notwithstanding any other provision of
law, at the election of the school board of a Bureau school
made at any time during the fiscal year, a portion equal
to not more than 15 percent of the funds allocated with
respect to a school under this section for any fiscal year
shall remain available to the school for expenditure with-
out fiscal year limitation. The Assistant Secretary shall
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take steps as may be necessary to implement this provi-
sion.
‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICH-
FIELD, UTAH.—Tuition for out-of-State Indian students
in home-living (dormitory) arrangements at the Richfield
dormitory in Richfield, Utah, who attend Sevier County
high schools in Richfield, Utah, shall be paid from the In-
dian school equalization program funds authorized in this
section and section 1130 at a rate not to exceed the
amounts per weighted student unit for that year for the
instruction of such students. No additional administrative
cost funds shall be added to the grant.
‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.
‘‘(a) 
GRANTS; 
EFFECT
UPON
APPROPRIATED
AMOUNTS.—
‘‘(1) GRANTS.—Subject to the availability of
appropriated funds, the Secretary shall provide
grants to each tribe or tribal organization operating
a contract school or grant school in the amount de-
termined under this section with respect to the tribe
or tribal organization for the purpose of paying the
administrative and indirect costs incurred in oper-
ating contract or grant schools, provided that no
school operated as a stand-alone institution shall re-
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ceive less than $200,000.00 per year for these pur-
poses, in order to—
‘‘(A) enable tribes and tribal organizations
operating such schools, without reducing direct
program services to the beneficiaries of the pro-
gram, to provide all related administrative over-
head services and operations necessary to meet
the requirements of law and prudent manage-
ment practice; and
‘‘(B) carry out other necessary support
functions which would otherwise be provided by
the Secretary or other Federal officers or em-
ployees, from resources other than direct pro-
gram funds, in support of comparable Bureau
operated programs.
‘‘(2) 
EFFECT
UPON
APPROPRIATED
AMOUNTS.—Amounts appropriated to fund the
grants provided under this section shall be in addi-
tion to, and shall not reduce, the amounts appro-
priated for the program being administered by the
contract or grant school.
‘‘(b) DETERMINATION OF GRANT AMOUNT.—
‘‘(1) IN GENERAL.—The amount of the grant
provided to each tribe or tribal organization under
this section for each fiscal year shall be determined
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by applying the administrative cost percentage rate
of the tribe or tribal organization to the aggregate
of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which
funds are received from or through the Bureau. The
administrative cost percentage rate determined
under subsection (c) does not apply to other pro-
grams operated by the tribe or tribal organization.
‘‘(2) DIRECT
COST
BASE
FUNDS.—The Sec-
retary shall—
‘‘(A) reduce the amount of the grant deter-
mined under paragraph (1) to the extent that
payments for administrative costs are actually
received by an Indian tribe or tribal organiza-
tion under any Federal education program in-
cluded in the direct cost base of the tribe or
tribal organization; and
‘‘(B) take such actions as may be nec-
essary to be reimbursed by any other depart-
ment or agency of the Federal Government for
the portion of grants made under this section
for the costs of administering any program for
Indians that is funded by appropriations made
to such other department or agency.
‘‘(c) ADMINISTRATIVE COST PERCENTAGE RATE.—
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‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the administrative cost percentage rate for a
contract or grant school for a fiscal year is equal to
the percentage determined by dividing—
‘‘(A) the sum of—
‘‘(i) the amount equal to—
‘‘(I) the direct cost base of the
tribe or tribal organization for the fis-
cal year, multiplied by
‘‘(II) the minimum base rate;
plus
‘‘(ii) the amount equal to—
‘‘(I) the standard direct cost
base; multiplied by
‘‘(II) the maximum base rate; by
‘‘(B) the sum of—
‘‘(i) the direct cost base of the tribe or
tribal organization for the fiscal year; plus
‘‘(ii) the standard direct cost base.
‘‘(2) ROUNDING.—The administrative cost per-
centage rate shall be determined to the 1⁄100 of a
decimal point.
‘‘(d) COMBINING FUNDS.—
‘‘(1) IN GENERAL.—Funds received by a tribe
or contract or grant school as grants under this sec-
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tion for tribal elementary or secondary educational
programs may be combined by the tribe or contract
or grant school into a single administrative cost ac-
count without the necessity of maintaining separate
funding source accounting.
‘‘(2) INDIRECT
COST
FUNDS.—Indirect cost
funds for programs at the school which share com-
mon administrative services with tribal elementary
or secondary educational programs may be included
in the administrative cost account described in para-
graph (1).
‘‘(e) AVAILABILITY OF FUNDS.—Funds received as
grants under this section with respect to tribal elementary
or secondary education programs shall remain available to
the contract or grant school without fiscal year limitation
and without diminishing the amount of any grants other-
wise payable to the school under this section for any fiscal
year beginning after the fiscal year for which the grant
is provided.
‘‘(f) TREATMENT
OF FUNDS.—Funds received as
grants under this section for Bureau funded programs op-
erated by a tribe or tribal organization under a contract
or agreement shall not be taken into consideration for pur-
poses of indirect cost underrecovery and overrecovery de-
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terminations by any Federal agency for any other funds,
from whatever source derived.
‘‘(g) TREATMENT OF ENTITY OPERATING OTHER
PROGRAMS.—In applying this section and section 105 of
the Indian Self-Determination and Education Assistance
Act with respect to an Indian tribe or tribal organization
that—
‘‘(1) receives funds under this section for ad-
ministrative costs incurred in operating a contract or
grant school or a school operated under the Tribally
Controlled Schools Act of 1988; and
‘‘(2) operates one or more other programs
under a contract or grant provided under the Indian
Self-Determination and Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the ad-
ministrative costs that are associated with operating the
contract or grant school, and of the indirect costs, that
are associated with all of such other programs, provided
that funds appropriated for implementation of this section
shall be used only to supply the amount of the grant re-
quired to be provided by this section.
‘‘(h) DEFINITIONS.—For purposes of this section:
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‘‘(1) ADMINISTRATIVE
COST.—(A) The term
‘administrative cost’ means the costs of necessary
administrative functions which—
‘‘(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program;
‘‘(ii) are not customarily paid by com-
parable Bureau operated programs out of direct
program funds; and
‘‘(iii) are either—
‘‘(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau direct
program funds; or
‘‘(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
‘‘(B) The term ‘administrative cost’ may
include—
‘‘(i) contract or grant (or other agreement)
administration;
‘‘(ii) executive, policy, and corporate lead-
ership and decisionmaking;
‘‘(iii) program planning, development, and
management;
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‘‘(iv) fiscal, personnel, property, and pro-
curement management;
‘‘(v) related office services and record
keeping; and
‘‘(vi) costs of necessary insurance, audit-
ing, legal, safety and security services.
‘‘(2) BUREAU
ELEMENTARY
AND
SECONDARY
FUNCTIONS.—The term ‘Bureau elementary and sec-
ondary functions’ means—
‘‘(A) all functions funded at Bureau
schools by the Office;
‘‘(B) all programs—
‘‘(i) funds for which are appropriated
to other agencies of the Federal Govern-
ment; and
‘‘(ii) which are administered for the
benefit of Indians through Bureau schools;
and
‘‘(C) all operation, maintenance, and repair
funds for facilities and government quarters
used in the operation or support of elementary
and secondary education functions for the ben-
efit of Indians, from whatever source derived.
‘‘(3) DIRECT COST BASE.—(A) Except as other-
wise provided in subparagraph (B), the direct cost
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base of a tribe or tribal organization for the fiscal
year is the aggregate direct cost program funding
for all tribal elementary or secondary educational
programs operated by the tribe or tribal organization
during—
‘‘(i) the second fiscal year preceding such
fiscal year; or
‘‘(ii) if such programs have not been oper-
ated by the tribe or tribal organization during
the two preceding fiscal years, the first fiscal
year preceding such fiscal year.
‘‘(B) In the case of Bureau elementary or sec-
ondary education functions which have not pre-
viously been operated by a tribe or tribal organiza-
tion under contract, grant, or agreement with the
Bureau, the direct cost base for the initial year shall
be the projected aggregate direct cost program fund-
ing for all Bureau elementary and secondary func-
tions to be operated by the tribe or tribal organiza-
tion during that fiscal year.
‘‘(4) MAXIMUM BASE RATE.—The term ‘max-
imum base rate’ means 50 percent.
‘‘(5) MINIMUM BASE RATE.—The term ‘min-
imum base rate’ means 11 percent.
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‘‘(6) STANDARD DIRECT COST BASE.—The term
‘standard direct cost base’ means $600,000.
‘‘(7) TRIBAL
ELEMENTARY
OR
SECONDARY
EDUCATIONAL PROGRAMS.—The term ‘tribal elemen-
tary or secondary educational programs’ means all
Bureau elementary and secondary functions, to-
gether with any other Bureau programs or portions
of programs (excluding funds for social services that
are appropriated to agencies other than the Bureau
and are expended through the Bureau, funds for
major subcontracts, construction, and other major
capital expenditures, and unexpended funds carried
over from prior years) which share common adminis-
trative cost functions, that are operated directly by
a tribe or tribal organization under a contract,
grant, or agreement with the Bureau.
‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AF-
FECTING COSTS; BASE RATES LIMITS; STANDARD DI-
RECT COST BASE; REPORT TO CONGRESS.—
‘‘(1) STUDIES.—Not later than 120 days after
the date of the enactment of the Student Results
Act of 1999, the Director of the Office of Indian
Education Programs shall—
‘‘(A) conduct such studies as may be need-
ed to establish an empirical basis for deter-
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mining relevant factors substantially affecting
required administrative costs of tribal elemen-
tary and secondary education programs, using
the formula set forth in subsection (c); and
‘‘(B) conduct a study to determine—
‘‘(i) a maximum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not ex-
cessive) funding of the administrative costs of
the smallest tribal elementary or secondary edu-
cational programs;
‘‘(ii) a minimum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not ex-
cessive) funding of the administrative costs of
the largest tribal elementary or secondary edu-
cational programs; and
‘‘(iii) a standard direct cost base which is
the aggregate direct cost funding level for which
the percentage determined under subsection (c)
will—
‘‘(I) be equal to the median between
the maximum base rate and the minimum
base rate; and
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‘‘(II) ensure that the amount of the
grants provided under this section will pro-
vide adequate (but not excessive) funding
of the administrative costs of tribal ele-
mentary or secondary educational pro-
grams closest to the size of the program.
‘‘(2) GUIDELINES.—The studies required under
paragraph (1) shall—
‘‘(A) be conducted in full consultation (in
accordance with section 1131) with—
‘‘(i) the tribes and tribal organizations
that are affected by the application of the
formula set forth in subsection (c); and
‘‘(ii) all national and regional Indian
organizations of which such tribes and
tribal organizations are typically members;
‘‘(B) be conducted onsite with a represent-
ative statistical sample of the tribal elementary
or secondary educational programs under a con-
tract entered into with a nationally reputable
public accounting and business consulting firm;
‘‘(C) take into account the availability of
skilled labor; commodities, business and auto-
matic data processing services, related Indian
preference and Indian control of education re-
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quirements, and any other market factors found
substantially to affect the administrative costs
and efficiency of each such tribal elementary or
secondary educational program studied in order
to assure that all required administrative activi-
ties can reasonably be delivered in a cost effec-
tive manner for each such program, given an
administrative cost allowance generated by the
values, percentages, or other factors found in
the studies to be relevant in such formula;
‘‘(D) identify, and quantify in terms of
percentages of direct program costs, any gen-
eral factors arising from geographic isolation,
or numbers of programs administered, inde-
pendent of program size factors used to com-
pute a base administrative cost percentage in
such formula; and
‘‘(E) identify any other incremental cost
factors substantially affecting the costs of re-
quired administrative cost functions at any of
the tribal elementary or secondary educational
programs studied and determine whether the
factors are of general applicability to other such
programs, and (if so) how the factors may ef-
fectively be incorporated into such formula.
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‘‘(3) CONSULTATION
WITH
INSPECTOR
GEN-
ERAL.—In carrying out the studies required under
this subsection, the Director shall obtain the input
of, and afford an opportunity to participate to, the
Inspector General of the Department of the Interior.
‘‘(4) CONSIDERATION OF DELIVERY OF ADMIN-
ISTRATIVE SERVICES.—Determinations described in
paragraph (2)(C) shall be based on what is prac-
ticable at each location studied, given prudent man-
agement practice, irrespective of whether required
administrative services were actually or fully deliv-
ered at these sites, or whether other services were
delivered instead, during the period of the study.
‘‘(5) REPORT.—Upon completion of the studies
conducted under paragraph (1), the Director shall
submit to Congress a report on the findings of the
studies, together with determinations based upon
such studies that would affect the definitions set
forth under subsection (e) that are used in the for-
mula set forth in subsection (c).
‘‘(6) PROJECTION
OF
COSTS.—The Secretary
shall include in the Bureau’s justification for each
appropriations request beginning in the first fiscal
year after the completion of the studies conducted
under paragraph (1), a projection of the overall
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costs associated with the formula set forth in sub-
section (c) for all tribal elementary or secondary
education programs which the Secretary expects to
be funded in the fiscal year for which the appropria-
tions are sought.
‘‘(7) DETERMINATION OF PROGRAM SIZE.—For
purposes of this subsection, the size of tribal elemen-
tary or secondary educational programs is deter-
mined by the aggregate direct cost program funding
level for all Bureau funded programs which share
common administrative cost functions.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated such sums as necessary to carry out
this section.
‘‘(2) REDUCTIONS.—If the total amount of
funds necessary to provide grants to tribes and trib-
al organizations in the amounts determined under
subsection (b) for a fiscal year exceeds the amount
of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the
amount of each grant determined under subsection
(b) for such fiscal year by an amount that bears the
same relationship to such excess as the amount of
such grants determined under subsection (b) bears
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to the total of all grants determined under sub-
section (b) section for all tribes and tribal organiza-
tions for such fiscal year.
‘‘(k) APPLICABILITY
TO
SCHOOLS
OPERATING
UNDER
TRIBALLY
CONTROLLED
SCHOOLS
ACT
OF
1988.—The provisions of this section shall also apply to
those schools operating under the Tribally Controlled
Schools Act of 1988.
‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.
‘‘(a) ESTABLISHMENT.—Not later than 12 months
after the date of the enactment of the Student Results
Act of 1999, the Secretary shall establish within the Office
of Indian Education Programs a Division of Budget Anal-
ysis (hereinafter referred to as the ‘Division’). Such Divi-
sion shall be under the direct supervision and control of
the Director of the Office.
‘‘(b) FUNCTIONS.—In consultation with the tribal
governing bodies and tribal school boards, the Director of
the Office, through the Division, shall conduct studies,
surveys, or other activities to gather demographic informa-
tion on Bureau funded schools and project the amount
necessary to provide Indian students in such schools the
educational program set forth in this part.
‘‘(c) ANNUAL REPORTS.—Not later than the date
that the Assistant Secretary for Indian Affairs makes the
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annual budget submission, for each fiscal year after the
date of the enactment of the Student Results Act of 1999,
the Director of the Office shall submit to the appropriate
committees of Congress (including the Appropriations
committees), all Bureau funded schools, and the tribal
governing bodies of such schools, a report which shall
contain—
‘‘(1) projections, based upon the information
gathered pursuant to subparagraph (b) and any
other relevant information, of amounts necessary to
provide Indian students in Bureau funded schools
the educational program set forth in this part;
‘‘(2) a description of the methods and formulas
used to calculate the amounts projected pursuant to
paragraph (1); and
‘‘(3) such other information as the Director of
the Office considers appropriate.
‘‘(d) USE OF REPORTS.—The Director of the Office
and the Assistant Secretary for Indian Affairs shall use
the annual report required by subsection (c) when pre-
paring their annual budget submissions.
‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD
FUNDING.—
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish, by regulation adopted in accordance with sec-
tion 1138, a system for the direct funding and sup-
port of all Bureau funded schools. Such system shall
allot funds in accordance with section 1127. All
amounts appropriated for distribution under this
section may be made available under paragraph (2).
‘‘(2) TIMING FOR USE OF FUNDS.—(A) For the
purposes of affording adequate notice of funding
available pursuant to the allotments made under sec-
tion 1127, amounts appropriated in an appropria-
tions Act for any fiscal year shall become available
for obligation by the affected schools on July 1 of
the fiscal year in which such amounts are appro-
priated without further action by the Secretary, and
shall remain available for obligation through the suc-
ceeding fiscal year.
‘‘(B) The Secretary shall, on the basis of the
amount appropriated in accordance with this
paragraph—
‘‘(i) publish, not later than July 1 of the
fiscal year for which the funds are appro-
priated, allotments to each affected school made
under section 1127 of 85 percent of such ap-
propriation; and
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‘‘(ii) publish, not later than September 30
of such fiscal year, the allotments to be made
under section 1127 of the remaining 15 percent
of such appropriation, adjusted to reflect the
actual student attendance.
‘‘(3) LIMITATION.—(A) Notwithstanding any
other provision of law or regulation, the supervisor
of a Bureau funded school may expend an aggregate
of not more than $50,000 of the amount allotted the
school under section 1127 to acquire materials, sup-
plies, equipment, services, operation, and mainte-
nance for the school without competitive bidding if—
‘‘(i) the cost for any single item purchased
does not exceed $15,000;
‘‘(ii) the school board approves the pro-
curement;
‘‘(iii) the supervisor certifies that the cost
is fair and reasonable;
‘‘(iv) the documents relating to the pro-
curement executed by the supervisor or other
school staff cite this paragraph as authority for
the procurement; and
‘‘(v) the transaction is documented in a
journal maintained at the school clearly identi-
fying when the transaction occurred, what was
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acquired and from whom, the price paid, the
quantities acquired, and any other information
the supervisor or school board considers rel-
evant.
‘‘(B) Not later than 6 months after the date of
the enactment of the Student Results Act of 1999,
the Secretary shall cause to be sent to each super-
visor of a Bureau operated program and school
board chairperson, the education line officer or offi-
cers of each agency and area, and the Bureau Divi-
sion in charge of procurement, at both the local and
national levels, notice of this paragraph.
‘‘(C) The Director shall be responsible for de-
termining the application of this paragraph, includ-
ing the authorization of specific individuals to carry
out this paragraph, and shall be responsible for the
provision of guidelines on the use of this paragraph
and adequate training on such guidelines.
‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a
sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985
reduces the amount of funds available for allotment
under section 1127 for any fiscal year by more than
7 percent of the amount of funds available for allot-
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ment under such section during the preceding fiscal
year—
‘‘(A) to fund allotments under section
1127, the Secretary, notwithstanding any other
law, may use—
‘‘(i) funds appropriated for the oper-
ation of any Bureau school that is closed
or consolidated; and
‘‘(ii) funds appropriated for any pro-
gram that has been curtailed at any Bu-
reau school; and
‘‘(B) the Secretary may waive the applica-
tion of the provisions of section 1121(h) with
respect to the closure or consolidation of a
school, or the curtailment of a program at a
school, during such fiscal year if the funds de-
scribed in clauses (i) and (ii) of subparagraph
(A) with respect to such school are used to fund
allotments made under section 1127 for such
fiscal year.
‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE
OF FUNDS.—
‘‘(1) PLAN REQUIRED.—(A) In the case of all
Bureau operated schools, allotted funds shall be ex-
pended on the basis of local financial plans which
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ensure meeting the accreditation requirements or
standards for the school established pursuant to sec-
tion 1121 and which shall be prepared by the local
school supervisor in active consultation with the local
school board for each school. The local school board
for each school shall have the authority to ratify, re-
ject, or amend such financial plan, and expenditures
thereunder, and, on its own determination or in re-
sponse to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time
of preparation of the financial plan.
‘‘(B) The supervisor—
‘‘(i) shall put into effect the decisions of
the school board;
‘‘(ii) shall provide the appropriate local
union representative of the education employees
with copies of proposed draft financial plans
and all amendments or modifications thereto, at
the same time such copies are submitted to the
local school board; and
‘‘(iii) may appeal any such action of the
local school board to the appropriate education
line officer of the Bureau agency by filing a
written statement describing the action and the
reasons the supervisor believes such action
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should be overturned. A copy of such statement
shall be submitted to the local school board and
such board shall be afforded an opportunity to
respond, in writing, to such appeal. After re-
viewing such written appeal and response, the
appropriate education line officer may, for good
cause, overturn the action of the local school
board. The appropriate education line officer
shall transmit the determination of such appeal
in the form of a written opinion to such board
and to such supervisor identifying the reasons
for overturning such action.
‘‘(c) 
USE
OF
SELF-DETERMINATION
GRANTS
FUNDS.—Funds for self-determination grants under sec-
tion 103(a)(2) of the Indian Self-Determination and Edu-
cation Assistance Act shall not be used for providing tech-
nical assistance and training in the field of education by
the Bureau unless such services are provided in accord-
ance with a plan, agreed to by the tribe or tribes affected
and the Bureau, under which control of education pro-
grams is intended to be transferred to such tribe or tribes
within a specific period of time negotiated under such
agreement. The Secretary may approve applications for
funding tribal divisions of education and development of
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tribal codes of education from funds appropriated pursu-
ant to section 104(a) of such Act.
‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In
the exercise of its authority under this section, a local
school board may request technical assistance and training
from the Secretary, and the Secretary shall, to the great-
est extent possible, provide such services, and make appro-
priate provisions in the budget of the Office for such serv-
ices.
‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT
SERVICES.—
‘‘(1) IN GENERAL.—A financial plan under sub-
section (b) for a school may include, at the discre-
tion of the local administrator and the school board
of such school, a provision for a summer program of
academic and support services for students of the
school. Any such program may include activities re-
lated to the prevention of alcohol and substance
abuse. The Assistant Secretary for Indian Affairs
shall provide for the utilization of any such school
facility during any summer in which such utilization
is requested.
‘‘(2) USE OF OTHER FUNDS.—Notwithstanding
any other provision of law, funds authorized under
the Act of April 16, 1934, and this Act may be used
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to augment the services provided in each summer
program at the option, and under the control, of the
tribe or Indian controlled school receiving such
funds.
‘‘(3) TECHNICAL
ASSISTANCE
AND
PROGRAM
COORDINATION.—The Assistant Secretary for Indian
Affairs, acting through the Director of the Office,
shall provide technical assistance and coordination
for any program described in paragraph (1) and
shall, to the extent possible, encourage the coordina-
tion of such programs with any other summer pro-
grams that might benefit Indian youth, regardless of
the funding source or administrative entity of any
such program.
‘‘(f) COOPERATIVE AGREEMENTS.—
‘‘(1) IN GENERAL.—From funds allotted to a
Bureau school under section 1127, the Secretary
shall, if specifically requested by the tribal governing
body (as defined in section 1141), implement any co-
operative agreement entered into between the tribe,
the Bureau school board, and the local public school
district which meets the requirements of paragraph
(2) and involves the school. The tribe, the Bureau
school board, and the local public school district
shall determine the terms of the agreement. Such
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agreement may encompass coordination of all or any
part of the following:
‘‘(A) Academic program and curriculum,
unless the Bureau school is currently accredited
by a State or regional accrediting entity and
would not continue to be so accredited.
‘‘(B) Support services, including procure-
ment and facilities maintenance.
‘‘(C) Transportation.
‘‘(2) EQUAL
BENEFIT
AND
BURDEN.—Each
agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit
upon the Bureau school commensurate with the bur-
den assumed, though this requirement shall not be
construed so as to require equal expenditures or an
exchange of similar services.
‘‘(g) 
PRODUCT
OR
RESULT
OF
STUDENT
PROJECTS.—Notwithstanding any other provision of law,
where there is agreement on action between the super-
intendent and the school board of a Bureau funded school,
the product or result of a project conducted in whole or
in major part by a student may be given to that student
upon the completion of such project.
‘‘(h) NOT
CONSIDERED
FEDERAL
FUNDS
FOR
MATCHING REQUIREMENTS.—Notwithstanding any other
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provision of law, funds received by a Bureau funded school
under this title shall not be considered Federal funds for
the purposes of meeting a matching funds requirement for
any Federal program.
‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU-
CATION.
‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall
be the policy of the Secretary and the Bureau, in carrying
out the functions of the Bureau, to facilitate tribal control
of Indian affairs in all matters relating to education.
‘‘(b) CONSULTATION WITH TRIBES.—
‘‘(1) IN GENERAL.—All actions under this Act
shall be done with active consultation with tribes.
‘‘(2) REQUIREMENTS.—The consultation re-
quired under paragraph (1) means a process involv-
ing the open discussion and joint deliberation of all
options with respect to potential issues or changes
between the Bureau and all interested parties. Dur-
ing such discussions and joint deliberations, inter-
ested parties (including tribes and school officials)
shall be given an opportunity to present issues in-
cluding proposals regarding changes in current prac-
tices or programs which will be considered for future
action by the Bureau. All interested parties shall be
given an opportunity to participate and discuss the
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options presented or to present alternatives, with the
views and concerns of the interested parties given ef-
fect unless the Secretary determines, from informa-
tion available from or presented by the interested
parties during one or more of the discussions and
deliberations, that there is a substantial reason for
another course of action. The Secretary shall submit
to any Member of Congress, within 18 days of the
receipt of a written request by such Member, a writ-
ten explanation of any decision made by the Sec-
retary which is not consistent with the views of the
interested parties.
‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL.
‘‘(a) IN GENERAL.—Chapter 51, subchapter III of
chapter 53, and chapter 63 of title 5, United States Code,
relating to classification, pay and leave, respectively, and
the sections of such title relating to the appointment, pro-
motion, hours of work, and removal of civil service employ-
ees, shall not apply to educators or to education positions
(as defined in subsection (p)).
‘‘(b) REGULATIONS.—Not later than 60 days after
the date of the enactment of the Student Results Act of
1999, the Secretary shall prescribe regulations to carry
out this section. Such regulations shall include—
‘‘(1) the establishment of education positions;
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‘‘(2) the establishment of qualifications for edu-
cators and education personnel;
‘‘(3) the fixing of basic compensation for edu-
cators and education positions;
‘‘(4) the appointment of educators;
‘‘(5) the discharge of educators;
‘‘(6) the entitlement of educators to compensa-
tion;
‘‘(7) the payment of compensation to educators;
‘‘(8) the conditions of employment of educators;
‘‘(9) the leave system for educators;
‘‘(10) the annual leave and sick leave for edu-
cators; and
‘‘(11) such matters as may be appropriate.
‘‘(c) QUALIFICATIONS OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regula-
tions to govern the qualifications of educators, the
Secretary shall require—
‘‘(A)(i) that lists of qualified and inter-
viewed applicants for education positions be
maintained in each agency and area office of
the Bureau from among individuals who have
applied at the agency or area level for an edu-
cation position or who have applied at the na-
tional level and have indicated in such applica-
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tion an interest in working in certain areas or
agencies; and
‘‘(ii) that a list of qualified and interviewed
applicants for education positions be main-
tained in the Office from among individuals
who have applied at the national level for an
education position and who have expressed in-
terest in working in an education position any-
where in the United States;
‘‘(B) that a local school board shall have
the authority to waive on a case-by-case basis,
any formal education or degree qualifications
established by regulation pursuant to subsection
(b)(2), in order for a tribal member to be hired
in an education position to teach courses on
tribal culture and language and that subject to
subsection (e)(2), a determination by a school
board that such a person be hired shall be insti-
tuted supervisor; and
‘‘(C) that it shall not be a prerequisite to
the employment of an individual in an edu-
cation position at the local level that such indi-
vidual’s name appear on the national list main-
tained pursuant to subparagraph (A)(ii) or that
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such individual has applied at the national level
for an education position.
‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EM-
PLOYMENT.—The Secretary may authorize the tem-
porary employment in an education position of an
individual who has not met the certification stand-
ards established pursuant to regulations, if the Sec-
retary determines that failure to do so would result
in that position remaining vacant.
‘‘(d) HIRING OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regula-
tions to govern the appointment of educators, the
Secretary shall require—
‘‘(A)(i) that educators employed in a Bu-
reau operated school (other than the supervisor
of the school) shall be hired by the supervisor
of the school. In cases where there are no quali-
fied applicants available, such supervisor may
consult the national list maintained pursuant to
subsection (c)(1)(A)(ii);
‘‘(ii) each school supervisor shall be hired
by the education line officer of the agency office
of the Bureau in which the school is located;
‘‘(iii) educators employed in an agency of-
fice of the Bureau shall be hired by the super-
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intendent for education of the agency office;
and
‘‘(iv) each education line officer and edu-
cators employed in the Office of the Director of
Indian Education Programs shall be hired by
the Director;
‘‘(B) that before an individual is employed
in an education position in a school by the su-
pervisor of a school (or with respect to the posi-
tion of supervisor, by the appropriate agency
education line officer), the local school board
for the school shall be consulted. A determina-
tion by such school board that such individual
should or should not be so employed shall be in-
stituted by the supervisor (or with respect to
the position of supervisor, by the agency super-
intendent for education);
‘‘(C) that before an individual may be em-
ployed in an education position at the agency
level, the appropriate agency school board shall
be consulted, and that a determination by such
school board that such individual should or
should not be employed shall be instituted by
the agency superintendent for education; and
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‘‘(D) that before an individual may be em-
ployed in an education position in the Office of
the Director (other than the position of Direc-
tor), the national school boards representing all
Bureau schools shall be consulted.
‘‘(2) INFORMATION
REGARDING
APPLICATION
AT NATIONAL LEVEL.—Any individual who applies
at the local level for an education position shall state
on such individual’s application whether or not such
individual has applied at the national level for an
education position in the Bureau. If such individual
is employed at the local level, such individual’s name
shall be immediately forwarded to the Secretary,
who shall, as soon as practicable but in no event in
more than 30 days, ascertain the accuracy of the
statement made by such individual pursuant to the
first sentence of this paragraph. Notwithstanding
subsection (e), if the individual’s statement is found
to have been false, such individual, at the Sec-
retary’s discretion, may be disciplined or discharged.
If the individual has applied at the national level for
an education position in the Bureau, the appoint-
ment of such individual at the local level shall be
conditional for a period of 90 days, during which pe-
riod the Secretary may appoint a more qualified in-
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dividual (as determined by the Secretary) from the
list maintained at the national level pursuant to sub-
section (c)(1)(A)(ii) to the position to which such in-
dividual was appointed.
‘‘(3) STATUTORY
CONSTRUCTION.—Except as
expressly provided, nothing in this section shall be
construed as conferring upon local school boards au-
thority over, or control of, educators at Bureau
funded schools or the authority to issue management
decisions.
‘‘(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT
OF EDUCATORS.—
‘‘(1) REGULATIONS.—In prescribing regulations
to govern the discharge and conditions of employ-
ment of educators, the Secretary shall require—
‘‘(A) that procedures be established for the
rapid and equitable resolution of grievances of
educators;
‘‘(B) that no educator may be discharged
without notice of the reasons therefore and op-
portunity for a hearing under procedures that
comport with the requirements of due process;
and
‘‘(C) that educators employed in Bureau
schools be notified 30 days prior to the end of
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‘‘(A) to recommend to the supervisor of
such school that an educator employed in the
school be discharged; and
‘‘(B) to recommend to the education line
officer of the appropriate agency office of the
Bureau and to the Director of the Office, that
the supervisor of the school be discharged.
‘‘(f) 
APPLICABILITY
OF
INDIAN
PREFERENCE
LAWS.—
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of the Indian preference laws, such laws shall
not apply in the case of any personnel action under
this section respecting an applicant or employee not
entitled to Indian preference if each tribal organiza-
tion concerned grants a written waiver of the appli-
cation of such laws with respect to such personnel
action and states that such waiver is necessary. This
paragraph shall not relieve the Bureau’s responsi-
bility to issue timely and adequate announcements
and advertisements concerning any such personnel
action if such action is intended to fill a vacancy (no
matter how such vacancy is created).
‘‘(2) TRIBAL
ORGANIZATION
DEFINED.—For
purposes of this subsection, the term ‘tribal organi-
zation’ means—
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‘‘(A) the recognized governing body of any
Indian tribe, band, nation, pueblo, or other or-
ganized community, including a Native village
(as defined in section 3(c) of the Alaska Native
Claims Settlement Act); or
‘‘(B) in connection with any personnel ac-
tion referred to in this subsection, any local
school board as defined in section 1141 which
has been delegated by such governing body the
authority to grant a waiver under this sub-
section with respect to personnel action.
‘‘(3) INDIAN PREFERENCE LAW DEFINED.—The
term ‘Indian preference laws’ means section 12 of
the Act of June 18, 1934 or any other provision of
law granting a preference to Indians in promotions
and other personnel actions. Such term shall not in-
clude section 7(b) of the Indian Self-Determination
and Education Assistance Act.
‘‘(g) COMPENSATION OR ANNUAL SALARY.—
‘‘(1) IN
GENERAL.—(A) Except as otherwise
provided in this section, the Secretary shall fix the
basic compensation for educators and education po-
sitions at rates in effect under the General Schedule
for individuals with comparable qualifications, and
holding comparable positions, to whom chapter 51 of
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title 5, United States Code, is applicable or on the
basis of the Federal Wage System schedule in effect
for the locality, and for the comparable positions,
the rates of compensation in effect for the senior ex-
ecutive service.
‘‘(B) The Secretary shall establish the rate of
basic compensation, or annual salary rates, for the
positions of teachers and counselors (including dor-
mitory counselors and home-living counselors) at the
rates of basic compensation applicable (on the date
of the enactment of the Student Results Act of 1999
and thereafter) to comparable positions in the over-
seas schools under the Defense Department Over-
seas Teachers Pay Act. The Secretary shall allow
the local school boards authority to implement only
the aspects of the Defense Department Overseas
Teacher pay provisions that are considered essential
for recruitment and retention. Implementation of
such provisions shall not be construed to require the
implementation of the Act in its entirety.
‘‘(C)(i) Beginning with the fiscal year following
the date of the enactment of the Student Results
Act of 1999, each school board may set the rate of
compensation or annual salary rate for teachers and
counselors (including academic counselors) who are
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new hires at the school and who have not worked at
the school on the date of implementation of this pro-
vision, at rates consistent with the rates paid for in-
dividuals in the same positions, with the same ten-
ure and training, in any other school within whose
boundaries the Bureau school lies. In instances
where the adoption of such rates cause a reduction
in the payment of compensation from that which
was in effect for the fiscal year following the date
of the enactment of the Student Results Act of
1999, the new rate may be applied to the compensa-
tion of employees of the school who worked at the
school on of the date of the enactment of that Act
by applying those rates to each contract renewal
such that the reduction takes effect in three equal
installments. Where adoption of such rates lead to
an increase in the payment of compensation from
that which was in effect for the fiscal year following
the date of the enactment of the Student Results
Act of 1999, the school board may make such rates
applicable at the next contract renewal such that
either—
‘‘(I) the increase occurs in its entirety; or
‘‘(II) the increase is applied in three equal
installments.
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‘‘(ii) The establishment of rates of basic com-
pensation and annual salary rates under subpara-
graphs (B) and (C) shall not preclude the use of
regulations and procedures used by the Bureau prior
to April 28, 1988, in making determinations regard-
ing promotions and advancements through levels of
pay that are based on the merit, education, experi-
ence, or tenure of the educator.
‘‘(D) The establishment of rates of basic com-
pensation and annual salary rates under subpara-
graphs (B) and (C) shall not affect the continued
employment or compensation of an educator who
was employed in an education position on October
31, 1979, and who did not make an election under
subsection (p) is in effect on January 1, 1990.
‘‘(2) POST-DIFFERENTIAL
RATES.—(A) The
Secretary may pay a post-differential rate not to ex-
ceed 25 percent of the rate of basic compensation,
on the basis of conditions of environment or work
which warrant additional pay as a recruitment and
retention incentive.
‘‘(B)(i) Upon the request of the supervisor and
the local school board of a Bureau school, the Sec-
retary shall grant the supervisor of the school au-
thorization to provide one or more post-differentials
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under subparagraph (A) unless the Secretary deter-
mines for clear and convincing reasons (and advises
the board in writing of those reasons) that certain
of the requested post-differentials should be dis-
approved or decreased because there is no disparity
of compensation for the involved employees or posi-
tions in the Bureau school, as compared with the
nearest public school, that is either—
‘‘(I) at least 5 percent; or
‘‘(II) less than 5 percent and affects the
recruitment or retention of employees at the
school.
‘‘(ii) A request under clause (i) shall be deemed
granted at the end of the 60th day after the request
is received in the Central Office of the Bureau un-
less before that time the request is approved, ap-
proved with modification, or disapproved by the Sec-
retary.
‘‘(iii) The Secretary or the supervisor of a Bu-
reau school may discontinue or decrease a post-dif-
ferential authorized under this subparagraph at the
beginning of a school year if—
‘‘(I) the local school board requests that
such differential be discontinued or decreased;
or
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‘‘(II) the Secretary or the supervisor deter-
mines for clear and convincing reasons (and ad-
vises the board in writing of those reasons) that
there is no disparity of compensation that
would affect the recruitment or retention of em-
ployees at the school after the differential is
discontinued or decreased.
‘‘(iv) On or before February 1 of each year, the
Secretary shall submit to Congress a report describ-
ing the requests and grants of authority under this
subparagraph during the previous year and listing
the positions contracted under those grants of au-
thority.
‘‘(h) LIQUIDATION
OF
REMAINING
LEAVE
UPON TERMINATION.—Upon termination of employ-
ment with the Bureau, any annual leave remaining
to the credit of an individual within the purview of
this section shall be liquidated in accordance with
sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under reg-
ulations prescribed pursuant to subsection (b)(10) of
this section shall not be so liquidated.
‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON
TRANSFER, PROMOTION, OR REEMPLOYMENT.—In the
case of any educator who is transferred, promoted, or re-
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appointed, without break in service, to a position in the
Federal Government under a different leave system, any
remaining leave to the credit of such person earned or
credited under the regulations prescribed pursuant to sub-
section (b)(10) shall be transferred to such person’s credit
in the employing agency on an adjusted basis in accord-
ance with regulations which shall be prescribed by the Of-
fice of Personnel Management.
‘‘(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUN-
TARILY TERMINATED EDUCATORS.—An educator who vol-
untarily terminates employment with the Bureau before
the expiration of the existing employment contract be-
tween such educator and the Bureau shall not be eligible
to be employed in another education position in the Bu-
reau during the remainder of the term of such contract.
‘‘(k) DUAL COMPENSATION.—In the case of any edu-
cator employed in an education position described in sub-
section (l)(1)(A) who—
‘‘(1) is employed at the close of a school year;
‘‘(2) agrees in writing to serve in such position
for the next school year; and
‘‘(3) is employed in another position during the
recess period immediately preceding such next school
year, or during such recess period receives additional
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compensation referred to in section 5533 of title 5,
United States Code, relating to dual compensation,
shall not apply to such educator by reason of any such
employment during a recess period for any receipt of addi-
tional compensation.
‘‘(l) VOLUNTARY SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Secretary
may, subject to the approval of the local school board con-
cerned, accept voluntary services on behalf of Bureau
schools. Nothing in this title shall be construed to require
Federal employees to work without compensation or to
allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer serv-
ices under this section is a Federal employee only for pur-
poses of chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.
‘‘(m) PRORATION OF PAY.—
‘‘(1) 
ELECTION
OF
EMPLOYEE.—Notwith-
standing any other provision of law, including laws
relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of
an employee employed in an education position for
the academic school year over the entire 12-month
period. Each educator employed for the academic
school year shall annually elect to be paid on a 12-
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month basis or for those months while school is in
session. No educator shall suffer a loss of pay or
benefits, including benefits under unemployment or
other Federal or federally assisted programs, be-
cause of such election.
‘‘(2) CHANGE
OF
ELECTION.—During the
course of such year the employee may change elec-
tion once.
‘‘(3) LUMP
SUM
PAYMENT.—That portion of
the employee’s pay which would be paid between
academic school years may be paid in a lump sum
at the election of the employee.
‘‘(4) DEFINITIONS.——For purposes of this
subsection, the terms ‘educator’ and ‘education posi-
tion’ have the meanings contained in paragraphs (1)
and (2) of subsection (o). This subsection applies to
those individuals employed under the provisions of
section 1132 of this title or title 5, United States
Code.
‘‘(n) EXTRACURRICULAR ACTIVITIES.—
‘‘(1) STIPEND.—Notwithstanding any other
provision of law, the Secretary may provide, for each
Bureau area, a stipend in lieu of overtime premium
pay or compensatory time off. Any employee of the
Bureau who performs additional activities to provide
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services to students or otherwise support the school’s
academic and social programs may elect to be com-
pensated for all such work on the basis of the sti-
pend. Such stipend shall be paid as a supplement to
the employee’s base pay.
‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If
an employee elects not to be compensated through
the stipend established by this subsection, the appro-
priate provisions of title 5, United States Code, shall
apply.
‘‘(3) APPLICABILITY
OF
SUBSECTION.—This
subsection applies to all Bureau employees, whether
employed under section 1132 of this title or title 5,
United States Code.
‘‘(o) DEFINITIONS.—For the purpose of this
section—
‘‘(1) EDUCATION
POSITION.—The term ‘edu-
cation position’ means a position in the Bureau the
duties and responsibilities of which—
‘‘(A) are performed on a school-year basis
principally in a Bureau school and involve—
‘‘(i) classroom or other instruction or
the supervision or direction of classroom or
other instruction;
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‘‘(ii) any activity (other than teach-
ing) which requires academic credits in
educational theory and practice equal to
the academic credits in educational theory
and practice required for a bachelor’s de-
gree in education from an accredited insti-
tution of higher education;
‘‘(iii) any activity in or related to the
field of education notwithstanding that
academic credits in educational theory and
practice are not a formal requirement for
the conduct of such activity; or
‘‘(iv) support services at, or associated
with, the site of the school; or
‘‘(B) are performed at the agency level of
the Bureau and involve the implementation of
education-related programs other than the posi-
tion for agency superintendent for education.
‘‘(2) EDUCATOR.—The term ‘educator’ means
an individual whose services are required, or who is
employed, in an education position.
‘‘(p) COVERED INDIVIDUALS; ELECTION.—This sec-
tion shall apply with respect to any educator hired after
November 1, 1979 (and to any educator who elected for
coverage under that provision after November 1, 1979)
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and to the position in which such individual is employed.
The enactment of this section shall not affect the contin-
ued employment of an individual employed on October 31,
1979 in an education position, or such person’s right to
receive the compensation attached to such position.
‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION
SYSTEM.
‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than
July 1, 2001, the Secretary shall establish within the Of-
fice, a computerized management information system,
which shall provide processing and information to the Of-
fice. The information provided shall include information
regarding—
‘‘(1) student enrollment;
‘‘(2) curriculum;
‘‘(3) staffing;
‘‘(4) facilities;
‘‘(5) community demographics;
‘‘(6) student assessment information;
‘‘(7) information on the administrative and pro-
gram costs attributable to each Bureau program, di-
vided into discreet elements;
‘‘(8) relevant reports;
‘‘(9) personnel records;
‘‘(10) finance and payroll; and
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‘‘(11) such other items as the Secretary deems
appropriate.
‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than
July 1, 2002, the Secretary shall complete implementation
of such a system at each field office and Bureau funded
school.
‘‘SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRAC-
TICES.
‘‘The Secretary shall cause the various divisions of
the Bureau to formulate uniform procedures and practices
with respect to such concerns of those divisions as relate
to education, and shall report such practices and proce-
dures to the Congress.
‘‘SEC. 1135. RECRUITMENT OF INDIAN EDUCATORS.
‘‘The Secretary shall institute a policy for the recruit-
ment of qualified Indian educators and a detailed plan to
promote employees from within the Bureau. Such plan
shall include opportunities for acquiring work experience
prior to actual work assignment.
‘‘SEC. 1136. BIENNIAL REPORT; AUDITS.
‘‘(a) BIENNIAL REPORTS.—The Secretary shall sub-
mit to each appropriate committee of Congress, all Bureau
funded schools, and the tribal governing bodies of such
schools, a detailed biennial report on the state of education
within the Bureau and any problems encountered in In-
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dian education during the 2-year period covered by the
report. Such report shall contain suggestions for the im-
provement of the Bureau educational system and for in-
creasing tribal or local Indian control of such system. Such
report shall also include the current status of tribally con-
trolled community colleges. The annual budget submission
for the Bureau’s education programs shall include—
‘‘(1) information on the funds provided to pre-
viously private schools under section 208 of the In-
dian Self-Determination and Education Assistance
Act, and recommendations with respect to the future
use of such funds;
‘‘(2) the needs and costs of operations and
maintenance of tribally controlled community col-
leges eligible for assistance under the Tribally Con-
trolled Community College Assistance Act of 1978
and recommendations with respect to meeting such
needs and costs; and
‘‘(3) the plans required by sections 1121 (g),
1122(c), and 1125(b).
‘‘(b) FINANCIAL
AND COMPLIANCE AUDITS.—The
Inspector General of the Department of the Interior shall
establish a system to ensure that financial and compliance
audits are conducted of each Bureau operated school at
least once in every 3 years. Audits of Bureau schools shall
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be based upon the extent to which such school has com-
plied with its local financial plan under section 1130.
‘‘SEC. 1137. RIGHTS OF INDIAN STUDENTS.
‘‘The Secretary shall prescribe such rules and regula-
tions as are necessary to ensure the constitutional and civil
rights of Indian students attending Bureau funded
schools, including such students’ right to privacy under
the laws of the United States, such students’ right to free-
dom of religion and expression, and such students’ right
to due process in connection with disciplinary actions, sus-
pensions, and expulsions.
‘‘SEC. 1138. REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue only such regulations as are necessary to ensure
compliance with the specific provision of this Act. The Sec-
retary shall publish proposed regulations in the Federal
Register, shall provide a period of not less than 90 days
for public comment thereon, and shall place in parentheses
after each regulatory section the citation to any statutory
provision providing authority to promulgate such regu-
latory provision.
‘‘(b) MISCELLANEOUS.—
‘‘(1) CONSTRUCTION.—The provisions of this
Act shall supersede any conflicting provisions of law
(including any conflicting regulations) in effect on
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the day before the date of the enactment of this Act
and the Secretary is authorized to repeal any regula-
tion inconsistent with the provisions of this Act.
‘‘(2) LEGAL AUTHORITY TO BE STATED.—Reg-
ulations issued to implement this Act shall contain,
immediately following each substantive provision of
such regulations, citations to the particular section
or sections of statutory law or other legal authority
upon which provision is based.
‘‘SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED
RULEMAKING.
‘‘(a) MEETINGS.—
‘‘(1) IN GENERAL.—The Secretary shall obtain
tribal involvement in the development of proposed
regulations under this part and the Tribally Con-
trolled Schools Act of 1988. The Secretary shall ob-
tain the advice of and recommendations from rep-
resentatives of Indian tribes with Bureau-funded
schools on their reservations, Indian tribes whose
children attend Bureau funded off-reservation board-
ing schools, school boards, administrators or employ-
ees of Bureau-funded schools, and parents and
teachers of students enrolled in Bureau-funded
schools.
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‘‘(2) ISSUES.—The Secretary shall provide for a
comprehensive discussion and exchange of informa-
tion concerning the implementation of this part and
the Tribally Controlled Schools Act of 1988 through
such mechanisms as regional meetings and electronic
exchanges of information. The Secretary shall take
into account the information received through such
mechanisms in the development of proposed regula-
tions and shall publish a summary of such informa-
tion in the Federal Register together with such pro-
posed regulations.
‘‘(b) DRAFT REGULATIONS.—
‘‘(1) IN GENERAL.—After obtaining the advice
and recommendations described in subsection (a)(1)
and before publishing proposed regulations in the
Federal Register, the Secretary shall prepare draft
regulations implementing this part and the Tribally
Controlled Schools Act of 1988 and shall submit
such regulations to a negotiated rulemaking process.
Participants in the negotiations process shall be cho-
sen by the Secretary from individuals nominated by
the entities described in subsection (a)(1). To the
maximum extent possible, the Secretary shall ensure
that the tribal representative membership chosen
pursuant to the preceding sentence reflects the pro-
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portionate share of students from tribes served by
the Bureau-funded school system. The negotiation
process shall be conducted in a timely manner in
order that the final regulations may issued by the
Secretary no later than 18 months after the enact-
ment of this section.
‘‘(2) NOTIFICATION
TO
CONGRESS.—If draft
regulations implementing this part and the Tribally
Controlled Schools Act of 1988 are not issued in
final form by the deadline provided in paragraph
(1), the Secretary shall notify the appropriate com-
mittees of Congress of which draft regulations were
not issued in final form by the deadline and the rea-
son such final regulations were not issued.
‘‘(3) 
EXPANSION
OF
NEGOTIATED
RULE-
MAKING.—All regulations pertaining to this part and
the Tribally Controlled Schools Act of 1988 that are
promulgated after the date of the enactment of this
subsection shall be subject to a negotiated rule-
making (including the selection of the regulations to
be negotiated), unless the Secretary determines that
applying such a requirement with respect to given
regulations is impracticable, unnecessary, or con-
trary to the public interest (within the meaning of
section 553(b)(3)(B) of title 5), and publishes the
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basis for such determination in the Federal Register
at the same time as the proposed regulations in
question are first published. All published proposed
regulations shall conform to agreements resulting
from such negotiated rulemaking unless the Sec-
retary reopens the negotiated rulemaking process or
provides a written explanation to the participants in
that process why the Secretary has decided to depart
from such agreements. Such negotiated rulemaking
shall be conducted in accordance with the provisions
of subsection (a), and the Secretary shall ensure
that a clear and reliable record of agreements
reached during the negotiation process is main-
tained.
‘‘(c) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act shall
apply to activities carried out under this section.
‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall provide
grants to tribes, tribal organizations, and consortia of
tribes and tribal organizations to fund early childhood de-
velopment programs that are operated by such tribes, or-
ganizations, or consortia.
‘‘(b) AMOUNT OF GRANTS.—
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‘‘(1) IN GENERAL.—The total amount of the
grants provided under subsection (a) with respect to
each tribe, tribal organization, or consortium of
tribes or tribal organizations for each fiscal year
shall be equal to the amount which bears the same
relationship to the total amount appropriated under
the authority of subsection (g) for such fiscal year
(less amounts provided under subsection (f)) as—
‘‘(A) the total number of children under 6
years of age who are members of—
‘‘(i) such tribe;
‘‘(ii) the tribe that authorized such
tribal organization; or
‘‘(iii) any tribe that—
‘‘(I) is a member of such consor-
tium; or
‘‘(II) authorizes any tribal orga-
nization that is a member of such con-
sortium; bears to
‘‘(B) the total number of all children under
6 years of age who are members of any tribe
that—
‘‘(i) is eligible to receive funds under
subsection (a);
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‘‘(ii) is a member of a consortium that
is eligible to receive such funds; or
‘‘(iii) authorizes a tribal organization
that is eligible to receive such funds.
‘‘(2) LIMITATION.—No grant may be provided
under subsection (a)—
‘‘(A) to any tribe that has less than 500
members;
‘‘(B) to any tribal organization which is
authorized—
‘‘(i) by only one tribe that has less
than 500 members; or
‘‘(ii) by one or more tribes that have
a combined total membership of less than
500 members; or
‘‘(C) to any consortium composed of tribes,
or tribal organizations authorized by tribes,
that have a combined total tribal membership of
less than 500 members.
‘‘(c) APPLICATION.
‘‘(1) IN GENERAL.—A grant may be provided
under subsection (a) to a tribe, tribal organization,
or consortia of tribes and tribal organizations only
if the tribe, organization, or consortia submits to the
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Secretary an application for the grant at such time
and in such form as the Secretary shall prescribe.
‘‘(2) CONTENTS.—Applications submitted under
paragraph (1) shall set forth the early childhood de-
velopment program that the applicant desires to op-
erate.
‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—The
early childhood development programs that are funded by
grants provided under subsection (a)—
‘‘(1) shall coordinate existing programs and
may provide services that meet identified needs of
parents and children under 6 years of age which are
not being met by existing programs, including—
‘‘(A) prenatal care;
‘‘(B) nutrition education;
‘‘(C) health education and screening;
‘‘(D) family literacy services;
‘‘(E) educational testing; and
‘‘(F) other educational services;
‘‘(2) may include instruction in the language,
art, and culture of the tribe; and
‘‘(3) shall provide for periodic assessment of the
program.
‘‘(e) COORDINATION
OF FAMILY LITERACY PRO-
GRAMS.—Family literacy programs operated under this
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section or other similar programs operated by the Bureau
shall coordinate with family literacy programs for Indian
children under part B of title I of the Elementary and
Secondary Education Act of 1965 in order to avoid dupli-
cation and to encourage the dissemination of information
on quality family literacy programs serving Indians.
‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall,
out of funds appropriated under subsection (g), include
in the grants provided under subsection (a) amounts for
administrative costs incurred by the tribe, tribal organiza-
tion, or consortium of tribes in establishing and maintain-
ing the early childhood development program.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section,
there are authorized to be appropriated $10,000,000 for
fiscal year 2000 and such sums as may be necessary for
each of the fiscal years 2001, 2002, 2003, and 2004.
‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU-
CATION.
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary shall provide grants and tech-
nical assistance to tribes for the development and oper-
ation of tribal departments of education for the purpose
of planning and coordinating all educational programs of
the tribe.
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‘‘(b) GRANTS.—Grants provided under this section
shall—
‘‘(1) be based on applications from the gov-
erning body of the tribe;
‘‘(2) reflect factors such as geographic and pop-
ulation diversity;
‘‘(3) facilitate tribal control in all matters relat-
ing to the education of Indian children on Indian
reservations (and on former Indian reservations in
Oklahoma);
‘‘(4) provide for the development of coordinated
educational programs on Indian reservations (and on
former Indian reservations in Oklahoma) (including
all preschool, elementary, secondary, and higher or
vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal ad-
ministrative support of all Bureau funded edu-
cational programs as well as encouraging tribal co-
operation and coordination with all educational pro-
grams receiving financial support from State agen-
cies, other Federal agencies, or private entities;
‘‘(5) provide for the development and enforce-
ment of tribal educational codes, including tribal
educational policies and tribal standards applicable
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to curriculum, personnel, students, facilities, and
support programs; and
‘‘(6) otherwise comply with regulations for
grants under section 103(a) of the Indian Self-De-
termination and Educational Assistance Act that are
in effect on the date that application for such grants
are made.
‘‘(c) PRIORITIES.—
‘‘(1) IN
GENERAL.—In making grants under
this section, the Secretary shall give priority to any
application that—
‘‘(A) includes assurances from the majority
of Bureau funded schools located within the
boundaries of the reservation of the applicant
that the tribal department of education to be
funded under this section will provide coordi-
nating services and technical assistance to all of
such schools, including the submission to each
applicable agency of a unified application for
funding for all of such schools which provides
that—
‘‘(i) no administrative costs other
than those attributable to the individual
programs of such schools will be associated
with the unified application; and
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tribe, insofar as those responsibilities re-
late to education; and
‘‘(ii) the termination by the Bureau of
such operations and office at the time of
such assumption,
except that when mutually agreeable between
the tribal governing body and the Assistant
Secretary, the period in which such assumption
is to occur may be modified, reduced, or ex-
tended after the initial year of the grant.
‘‘(2) TIME PERIOD OF GRANT.—Subject to the
availability of appropriated funds, grants provided
under this section shall be provided for a period of
3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed
for additional 3-year terms.
‘‘(d) TERMS, CONDITIONS, OR REQUIREMENTS.—The
Secretary shall not impose any terms, conditions, or re-
quirements on the provision of grants under this section
that are not specified in this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section,
there are authorized to be appropriated $2,000,000 for fis-
cal year 2000 and such sums as may be necessary for each
of the fiscal years 2001, 2002, 2003, and 2004.
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‘‘SEC. 1141. DEFINITIONS.
‘‘For the purposes of this part, unless otherwise spec-
ified:
‘‘(1) AGENCY
SCHOOL
BOARD.—The term
‘agency school board’ means a body, the members of
which are appointed by all of the school boards of
the schools located within an agency, including
schools operated under contract or grant, and the
number of such members shall be determined by the
Secretary in consultation with the affected tribes, ex-
cept that, in agencies serving a single school, the
school board of such school shall fulfill these duties,
and in agencies having schools or a school operated
under contract or grant, one such member at least
shall be from such a school.
‘‘(2) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the
Interior.
‘‘(3) BUREAU
FUNDED
SCHOOL.—The term
‘Bureau funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract or grant school; or
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988.
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‘‘(4) BUREAU
SCHOOL.—The term ‘Bureau
school’ means a Bureau operated elementary or sec-
ondary day or boarding school or a Bureau operated
dormitory for students attending a school other than
a Bureau school.
‘‘(5) CONTRACT OR GRANT SCHOOL.—The term
‘contract or grant school’ means an elementary or
secondary school or dormitory which receives finan-
cial assistance for its operation under a contract,
grant or agreement with the Bureau under section
102, 103(a), or 208 of the Indian Self-Determina-
tion and Education Assistance Act, or under the
Tribally Controlled Schools Act of 1988.
‘‘(6) EDUCATION
LINE
OFFICER.—The term
‘education line officer’ means education personnel
under the supervision of the Director, whether lo-
cated in the central, area, or agency offices.
‘‘(7) FINANCIAL
PLAN.—The term ‘financial
plan’ means a plan of services provided by each Bu-
reau school.
‘‘(8) INDIAN ORGANIZATION.—the term ‘Indian
organization’ means any group, association, partner-
ship, corporation, or other legal entity owned or con-
trolled by a federally recognized Indian tribe or
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tribes, or a majority of whose members are members
of federally recognized tribes.
‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means a board of edu-
cation or other legally constituted local school au-
thority having administrative control and direction
of free public education in a county, township, inde-
pendent, or other school district located within a
State, and includes any State agency which directly
operates and maintains facilities for providing free
public education.
‘‘(10) LOCAL SCHOOL BOARD.—The term ‘local
school board’, when used with respect to a Bureau
school, means a body chosen in accordance with the
laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian chil-
dren attending the school, except that in schools
serving a substantial number of students from dif-
ferent tribes, the members shall be appointed by the
governing bodies of the tribes affected, and the num-
ber of such members shall be determined by the Sec-
retary in consultation with the affected tribes.
‘‘(11) OFFICE.—The term ‘Office’ means the
Office of Indian Education Programs within the Bu-
reau.
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‘‘(12) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of the Interior.
‘‘(13) SUPERVISOR.—The term ‘supervisor’
means the individual in the position of ultimate au-
thority at a Bureau school.
‘‘(14) TRIBAL
GOVERNING
BODY.—The term
‘tribal governing body’ means, with respect to any
school, the tribal governing body, or tribal governing
bodies, that represent at least 90 percent of the stu-
dents served by such school.
‘‘(15) TRIBE.—The term ‘tribe’ means any In-
dian tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act, which is recognized as eligible for the spe-
cial programs and services provided by the United
States to Indians because of their status as Indi-
ans.’’.
Subtitle C—Tribally Controlled
Schools Act of 1988
SEC. 420. TRIBALLY CONTROLLED SCHOOLS.
Sections 5202 through 5212 of Public Law 100–297
(25 U.S.C. 2501 et seq.) are amended to read as follows:
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‘‘SEC. 5202. FINDINGS.
‘‘Congress, after careful review of the Federal Gov-
ernment’s historical and special legal relationship with,
and resulting responsibilities to, Indians, finds that—
‘‘(1) the Indian Self-Determination and Edu-
cation Assistance Act, which was a product of the le-
gitimate aspirations and a recognition of the inher-
ent authority of Indian nations, was and is a crucial
positive step towards tribal and community control;
‘‘(2) the Bureau of Indian Affairs’ administra-
tion and domination of the contracting process
under such Act has not provided the full opportunity
to develop leadership skills crucial to the realization
of self-government and has denied Indians an effec-
tive voice in the planning and implementation of
programs for the benefit of Indians which are re-
sponsive to the true needs of Indian communities;
‘‘(3) Indians will never surrender their desire to
control their relationships both among themselves
and with non-Indian governments, organizations,
and persons;
‘‘(4) true self-determination in any society of
people is dependent upon an educational process
which will ensure the development of qualified people
to fulfill meaningful leadership roles;
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‘‘(5) the Federal administration of education
for Indian children has not effected the desired level
of educational achievement or created the diverse op-
portunities and personal satisfaction that education
can and should provide;
‘‘(6) true local control requires the least pos-
sible Federal interference; and
‘‘(7) the time has come to enhance the concepts
made manifest in the Indian Self-Determination and
Education Assistance Act.
‘‘SEC. 5203. DECLARATION OF POLICY.
‘‘(a) RECOGNITION.—Congress recognizes the obliga-
tion of the United States to respond to the strong expres-
sion of the Indian people for self-determination by assur-
ing maximum Indian participation in the direction of edu-
cational services so as to render such services more re-
sponsive to the needs and desires of those communities.
‘‘(b) COMMITMENT.—Congress declares its commit-
ment to the maintenance of the Federal Government’s
unique and continuing trust relationship with and respon-
sibility to the Indian people through the establishment of
a meaningful Indian self-determination policy for edu-
cation which will deter further perpetuation of Federal bu-
reaucratic domination of programs.
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‘‘(c) NATIONAL GOAL.—Congress declares that a
major national goal of the United States is to provide the
resources, processes, and structure which will enable tribes
and local communities to effect the quantity and quality
of educational services and opportunities which will permit
Indian children to compete and excel in the life areas of
their choice and to achieve the measure of self-determina-
tion essential to their social and economic well-being.
‘‘(d) EDUCATIONAL NEEDS.—Congress affirms the
reality of the special and unique educational needs of In-
dian peoples, including the need for programs to meet the
linguistic and cultural aspirations of Indian tribes and
communities. These may best be met through a grant
process.
‘‘(e) FEDERAL RELATIONS.—Congress declares its
commitment to these policies and its support, to the full
extent of its responsibility, for Federal relations with the
Indian Nations.
‘‘(f) TERMINATION.—Congress hereby repudiates and
rejects House Resolution 108 of the 83d Congress and any
policy of unilateral termination of Federal relations with
any Indian Nation.
‘‘SEC. 5204. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—
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‘‘(1) ELIGIBILITY.—The Secretary shall provide
grants to Indian tribes, and tribal organizations
that—
‘‘(A) operate contract schools under title
XI of the Education Amendments of 1978 and
notify the Secretary of their election to operate
the schools with assistance under this part
rather than continuing as contract school;
‘‘(B) operate other tribally controlled
schools eligible for assistance under this part
and submit applications (which are approved by
their tribal governing bodies) to the Secretary
for such grants; or
‘‘(C) elect to assume operation of Bureau
funded schools with the assistance under this
part and submit applications (which are ap-
proved by their tribal governing bodies) to the
Secretary for such grants.
‘‘(2) DEPOSIT
OF
FUNDS.—Grants provided
under this part shall be deposited into the general
operating fund of the tribally controlled school with
respect to which the grant is made.
‘‘(3) USE OF FUNDS.—(A) Except as otherwise
provided in this paragraph, grants provided under
this part shall be used to defray, at the discretion
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of the school board of the tribally controlled school
with respect to which the grant is provided, any ex-
penditures for education related activities for which
any funds that compose the grant may be used
under the laws described in section 5205(a), includ-
ing, but not limited to, expenditures for—
‘‘(i) school operations, academic, edu-
cational, residential, guidance and counseling,
and administrative purposes; and
‘‘(ii) support services for the school, includ-
ing transportation.
‘‘(B) Grants provided under this part may, at
the discretion of the school board of the tribally con-
trolled school with respect to which such grant is
provided, be used to defray operations and mainte-
nance expenditures for the school if any funds for
the operation and maintenance of the school are al-
located to the school under the provisions of any of
the laws described in section 5205(a).
‘‘(b) LIMITATIONS.—
‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION
PER FISCAL YEAR.—Not more than one grant may
be provided under this part with respect to any In-
dian tribe or tribal organization for any fiscal year.
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‘‘(2) NONSECTARIAN
USE.—Funds provided
under any grant made under this part may not be
used in connection with religious worship or sec-
tarian instruction.
‘‘(3) ADMINISTRATIVE
COSTS
LIMITATION.—
Funds provided under any grant under this part
may not be expended for administrative costs (as de-
fined in section 1128(h)(1) of the Education Amend-
ments of 1978) in excess of the amount generated
for such costs under section 1128 of such Act.
‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG
SCHOOLSITES.—
‘‘(1) IN GENERAL.—In the case of a grantee
that operates schools at more than one schoolsite,
the grantee may expend not more than the lesser
of—
‘‘(A) 10 percent of the funds allocated for
such schoolsite under section 1128 of the Edu-
cation Amendments of 1978; or
‘‘(B) $400,000 of such funds, at any other
schoolsite.
‘‘(2) DEFINITION OF SCHOOLSITE.—For pur-
poses of this subsection, the term ‘schoolsite’ means
the physical location and the facilities of an elemen-
tary or secondary educational or residential program
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operated by, or under contract or grant with, the
Bureau for which a discreet student count is identi-
fied under the funding formula established under
section 1127 of the Education Amendments of 1978.
‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—
Nothing in this part may be construed—
‘‘(1) to require a tribe or tribal organization to
apply for or accept; or
‘‘(2) to allow any person to coerce any tribe or
tribal organization to apply for, or accept,
a grant under this part to plan, conduct, and administer
all of, or any portion of, any Bureau program. Such appli-
cations and the timing of such applications shall be strictly
voluntary. Nothing in this part may be construed as allow-
ing or requiring any grant with any entity other than the
entity to which the grant is provided.
‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—
Grants provided under this part shall not terminate, mod-
ify, suspend, or reduce the responsibility of the Federal
Government to provide a program.
‘‘(f) RETROCESSION.—
‘‘(1) IN
GENERAL.—Whenever a tribal gov-
erning body requests retrocession of any program for
which assistance is provided under this part, such
retrocession shall become effective upon a date speci-
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fied by the Secretary that is not later than 120 days
after the date on which the tribal governing body re-
quests the retrocession. A later date as may be spec-
ified if mutually agreed upon by the Secretary and
the tribal governing body. If such a program is
retroceded, the Secretary shall provide to any Indian
tribe served by such program at least the same
quantity and quality of services that would have
been provided under such program at the level of
funding provided under this part prior to the ret-
rocession.
‘‘(2) STATUS AFTER RETROCESSION.—The tribe
requesting retrocession shall specify whether the ret-
rocession is to status as a Bureau operated school
or as a school operated under contract under title XI
of the Education Amendments of 1978.
‘‘(3) TRANSFER
OF
EQUIPMENT
AND
MATE-
RIALS.—Except as otherwise determined by the Sec-
retary, the tribe or tribal organization operating the
program to be retroceded must transfer to the Sec-
retary (or to the tribe or tribal organization which
will operate the program as a contract school) the
existing equipment and materials which were
acquired—
‘‘(A) with assistance under this part; or
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‘‘(B) upon assumption of operation of the
program under this part if the school was a Bu-
reau funded school under title XI of the Edu-
cation Amendments of 1978 before receiving as-
sistance under this part.
‘‘(g) PROHIBITION OF TERMINATION FOR ADMINIS-
TRATIVE CONVENIENCE.—Grants provided under this
part may not be terminated, modified, suspended, or re-
duced solely for the convenience of the administering agen-
cy.
‘‘SEC. 5205. COMPOSITION OF GRANTS.
‘‘(a) IN GENERAL.—The grant provided under this
part to an Indian tribe or tribal organization for any fiscal
year shall consist of—
‘‘(1) the total amount of funds allocated for
such fiscal year under sections 1127 and 1128 of the
Education Amendments of 1978 with respect to the
tribally controlled schools eligible for assistance
under this part which are operated by such Indian
tribe or tribal organization, including, but not lim-
ited to, funds provided under such sections, or under
any other provision of law, for transportation costs;
‘‘(2) to the extent requested by such Indian
tribe or tribal organization, the total amount of
funds provided from operations and maintenance ac-
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counts and, notwithstanding section 105 of the In-
dian Self-Determination Act, or any other provision
of law, other facilities accounts for such schools for
such fiscal year (including but not limited to those
referenced under section 1126(d) of the Education
Amendments of 1978 or any other law); and
‘‘(3) the total amount of funds that are allo-
cated to such schools for such fiscal year under—
‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(B) the Individuals with Disabilities Edu-
cation Act; and
‘‘(C) any other Federal education law, that
are allocated to such schools for such fiscal
year.
‘‘(b) SPECIAL RULES.—
‘‘(1) IN GENERAL.—(A) Funds allocated to a
tribally controlled school by reason of paragraph (1)
or (2) of subsection (a) shall be subject to the provi-
sions of this part and shall not be subject to any ad-
ditional restriction, priority, or limitation that is im-
posed by the Bureau with respect to funds provided
under—
‘‘(i) title I of the Elementary and Sec-
ondary Education Act of 1965;
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‘‘(ii) the Individuals with Disabilities Edu-
cation Act; or
‘‘(iii) any Federal education law other than
title XI of the Education Amendments of 1978.
‘‘(B) Indian tribes and tribal organizations to
which grants are provided under this part, and trib-
ally controlled schools for which such grants are pro-
vided, shall not be subject to any requirements, obli-
gations, restrictions, or limitations imposed by the
Bureau that would otherwise apply solely by reason
of the receipt of funds provided under any law re-
ferred to in clause (i), (ii), or (iii) of subparagraph
(A).
‘‘(2) 
SCHOOLS
CONSIDERED
CONTRACT
SCHOOLS.—Tribally controlled schools for which
grants are provided under this part shall be treated
as contract schools for the purposes of allocation of
funds under sections 1126(d), 1127, and 1128 of
the Education Amendments of 1978.
‘‘(3) 
SCHOOLS
CONSIDERED
BUREAU
SCHOOLS.—Tribally controlled schools for which
grants are provided under this chapter shall be
treated as Bureau schools for the purposes of alloca-
tion of funds provided under—
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‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(B) the Individuals with Disabilities Edu-
cation Act; and
‘‘(C) any other Federal education law, that
are distributed through the Bureau.
‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—(A)
Notwithstanding section 5204(a)(2), with respect to
funds from facilities improvement and repair, alter-
ation and renovation (major or minor), health and
safety, or new construction accounts included in the
grant under section 5204(a), the grantee shall main-
tain a separate account for such funds. At the end
of the period designated for the work covered by the
funds received, the grantee shall submit to the Sec-
retary a separate accounting of the work done and
the funds expended to the Secretary. Funds received
from these accounts may only be used for the pur-
pose for which they were appropriated and for the
work encompassed by the application or submission
under which they were received.
‘‘(B) Notwithstanding subparagraph (A), a
school receiving a grant under this part for facilities
improvement and repair may use such grant funds
for new construction if the tribal government or
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other organization provides funding for the new con-
struction equal to at least 25 percent of the total
cost of such new construction.
‘‘(C) Where the appropriations measure or the
application submission does not stipulate a period
for the work covered by the funds so designated, the
Secretary and the grantee shall consult and deter-
mine such a period prior to the transfer of the
funds. A period so determined may be extended
upon mutual agreement of the Secretary and the
grantee.
‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE
FUNDS.—If the Secretary fails to carry out a re-
quest made under subsection (a)(2) within 180 days
of a request filed by an Indian tribe or tribal organi-
zation to include in such tribe or organization’s
grant the funds described in subsection (a)(2), the
Secretary shall be deemed to have approved such re-
quest and the Secretary shall immediately amend
the grant accordingly. Such tribe or organization
may enforce its rights under subsection (a)(2) and
this paragraph, including any denial or failure to act
on such tribe or organization’s request, pursuant to
the disputes authority described in section 5209(e).
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‘‘SEC. 5206. ELIGIBILITY FOR GRANTS.
‘‘(a) RULES.—
‘‘(1) IN GENERAL.—A tribally controlled school
is eligible for assistance under this part if the
school—
‘‘(A) on April 28, 1988, was a contract
school under title XI of the Education Amend-
ments of 1978 and the tribe or tribal organiza-
tion operating the school submits to the Sec-
retary a written notice of election to receive a
grant under this part;
‘‘(B) was a Bureau operated school under
title XI of the Education Amendments of 1978
and has met the requirements of subsection (b);
‘‘(C) is a school for which the Bureau has
not provided funds, but which has met the re-
quirements of subsection (c); or
‘‘(D) is a school with respect to which an
election has been made under paragraph (2)
and which has met the requirements of sub-
section (b).
‘‘(2) NEW
SCHOOLS.—Any application which
has been submitted under the Indian Self-Deter-
mination and Education Assistance Act by an Indian
tribe for a school which is not in operation on the
date of the enactment of the Student Results Act of
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1999 shall be reviewed under the guidelines and reg-
ulations for applications submitted under the Indian
Self-Determination and Education Assistance Act
that were in effect at the time the application was
submitted, unless the Indian tribe or tribal organiza-
tion elects to have the application reviewed under
the provisions of subsection (b).
‘‘(b) ADDITIONAL
REQUIREMENTS
FOR
BUREAU
FUNDED SCHOOLS AND CERTAIN ELECTING SCHOOLS.—
‘‘(1) BUREAU
FUNDED
SCHOOLS.—A school
that was a Bureau funded school under title XI of
the Education Amendments of 1978 on the date of
the enactment of the Student Results Act of 1999,
and any school with respect to which an election is
made under subsection (a)(2), meets the require-
ments of this subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
ing that the Secretary—
‘‘(i) transfer operation of the school to
the Indian tribe or tribal organization, if
the Indian tribe or tribal organization is
not already operating the school; and
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‘‘(ii) make a determination as to
whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination
that the school is eligible for assistance under
this part.
‘‘(2) CERTAIN
ELECTING
SCHOOLS.—(A) By
not later than the date that is 120 days after the
date on which an application is submitted to the
Secretary under paragraph (1)(A), the Secretary
shall determine—
‘‘(i) in the case of a school which is not
being operated by the Indian tribe or tribal or-
ganization, whether to transfer operation of the
school to the Indian tribe or tribal organization;
and
‘‘(ii) whether the school is eligible for as-
sistance under this part.
‘‘(B) In considering applications submitted
under paragraph (1)(A), the Secretary—
‘‘(i) shall transfer operation of the school
to the Indian tribe or tribal organization, if the
tribe or tribal organization is not already oper-
ating the school; and
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‘‘(ii) shall determine that the school is eli-
gible for assistance under this part, unless the
Secretary finds by clear and convincing evidence
that the services to be provided by the Indian
tribe or tribal organization will be deleterious to
the welfare of the Indians served by the school.
‘‘(C) In considering applications submitted
under paragraph (1)(A), the Secretary shall consider
whether the Indian tribe or tribal organization would
be deficient in operating the school with respect to—
‘‘(i) equipment;
‘‘(ii) bookkeeping and accounting proce-
dures;
‘‘(iii) ability to adequately manage a
school; or
‘‘(iv) adequately trained personnel.
‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL
WHICH IS NOT A BUREAU FUNDED SCHOOL.—
‘‘(1) IN GENERAL.—A school which is not a Bu-
reau funded school under title XI of the Education
Amendments of 1978 meets the requirements of this
subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
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ing a determination by the Secretary as to
whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination
that a school is eligible for assistance under this
part.
‘‘(2) DEADLINE FOR DETERMINATION BY SEC-
RETARY.—(A) By not later than the date that is
180 days after the date on which an application is
submitted to the Secretary under paragraph (1)(A),
the Secretary shall determine whether the school is
eligible for assistance under this part.
‘‘(B) In making the determination under sub-
paragraph (A), the Secretary shall give equal consid-
eration to each of the following factors:
‘‘(i) 
with 
respect 
to 
the 
applicant’s
proposal—
‘‘(I) the adequacy of facilities or the
potential to obtain or provide adequate fa-
cilities;
‘‘(II) geographic and demographic fac-
tors in the affected areas;
‘‘(III) adequacy of the applicant’s pro-
gram plans;
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‘‘(IV) geographic proximity of com-
parable public education; and
‘‘(V) the needs as expressed by all af-
fected parties, including but not limited to
students, families, tribal governments at
both the central and local levels, and
school organizations; and
‘‘(ii) with respect to all education services
already available—
‘‘(I) geographic and demographic fac-
tors in the affected areas;
‘‘(II) adequacy and comparability of
programs already available;
‘‘(III) consistency of available pro-
grams with tribal education codes or tribal
legislation on education; and
‘‘(IV) the history and success of these
services for the proposed population to be
served, as determined from all factors in-
cluding, if relevant, standardized examina-
tion performance.
‘‘(C) The Secretary may not make a
determination under this paragraph that is
primarily based upon the geographic prox-
imity of comparable public education.
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‘‘(D) Applications submitted under
paragraph (1)(A) shall include information
on the factors described in subparagraph
(B)(i), but the applicant may also provide
the Secretary such information relative to
the factors described in subparagraph
(B)(ii) as the applicant considers appro-
priate.
‘‘(E) If the Secretary fails to make a
determination under subparagraph (A)
with respect to an application within 180
days after the date on which the Secretary
received the application, the Secretary
shall be treated as having made a deter-
mination that the tribally controlled school
is eligible for assistance under the title and
the grant shall become effective 18 months
after the date on which the Secretary re-
ceived the application, or on an earlier
date, at the Secretary’s discretion.
‘‘(d) FILING OF APPLICATIONS AND REPORTS.—
‘‘(1) IN GENERAL.—All applications and reports
submitted to the Secretary under this part, and any
amendments to such applications or reports, shall be
filed with the education line officer designated by
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the Director of the Office of Indian Education Pro-
grams of the Bureau of Indian Affairs. The date on
which such filing occurs shall, for purposes of this
part, be treated as the date on which the application
or amendment was submitted to the Secretary.
‘‘(2) SUPPORTING DOCUMENTATION.—Any ap-
plication that is submitted under this chapter shall
be accompanied by a document indicating the action
taken by the tribal governing body in authorizing
such application.
‘‘(e) EFFECTIVE DATE
FOR APPROVED APPLICA-
TIONS.—Except as provided by subsection (c)(2)(E), a
grant provided under this part, and any transfer of the
operation of a Bureau school made under subsection (b),
shall become effective beginning the academic year suc-
ceeding the fiscal year in which the application for the
grant or transfer is made, or at an earlier date determined
by the Secretary.
‘‘(f) DENIAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—Whenever the Secretary re-
fuses to approve a grant under this chapter, to
transfer operation of a Bureau school under sub-
section (b), or determines that a school is not eligi-
ble for assistance under this part, the Secretary
shall—
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‘‘(A) state the objections in writing to the
tribe or tribal organization within the allotted
time;
‘‘(B) provide assistance to the tribe or trib-
al organization to overcome all stated objec-
tions.
‘‘(C) at the request of the tribe or tribal
organization, provide the tribe or tribal organi-
zation a hearing on the record under the same
rules and regulations that apply under the In-
dian Self-Determination and Education Assist-
ance Act; and
‘‘(D) provide an opportunity to appeal the
objection raised.
‘‘(2) TIMELINE
FOR
RECONSIDERATION
OF
AMENDED APPLICATIONS.—The Secretary shall re-
consider any amended application submitted under
this part within 60 days after the amended applica-
tion is submitted to the Secretary.
‘‘(g) REPORT.—The Bureau shall submit an annual
report to the Congress on all applications received, and
actions taken (including the costs associated with such ac-
tions), under this section at the same time that the Presi-
dent is required to submit to Congress the budget under
section 1105 of title 31, United States Code.
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‘‘SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
‘‘(a) IN GENERAL.—If the Secretary determines that
a tribally controlled school is eligible for assistance under
this part, the eligibility determination shall remain in ef-
fect until the determination is revoked by the Secretary,
and the requirements of subsection (b) or (c) of section
5206, if applicable, shall be considered to have been met
with respect to such school until the eligibility determina-
tion is revoked by the Secretary.
‘‘(b) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Each recipient of a grant
provided under this part shall complete an annual
report which shall be limited to—
‘‘(A) an annual financial statement report-
ing revenue and expenditures as defined by the
cost accounting established by the grantee;
‘‘(B) an annual financial audit conducted
pursuant to the standards of the Single Audit
Act of 1984;
‘‘(C) an annual submission to the Sec-
retary of the number of students served and a
brief description of programs offered under the
grant; and
‘‘(D) a program evaluation conducted by
an impartial evaluation review team, to be
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based on the standards established for purposes
of subsection (c)(1)(A)(ii).
‘‘(2) EVALUATION REVIEW TEAMS.—Where ap-
propriate, other tribally controlled schools and rep-
resentatives of tribally controlled community colleges
shall make up members of the evaluation review
teams.
‘‘(3) EVALUATIONS.—In the case of a school
which is accredited, evaluations will be conducted at
intervals under the terms of accreditation.
‘‘(4) SUBMISSION OF REPORT.—
‘‘(A) TO
TRIBALLY
GOVERNING
BODY.—
Upon completion of the report required under
paragraph (a), the recipient of the grant shall
send (via first class mail, return receipt re-
quested) a copy of such annual report to the
tribal governing body (as defined in section
1132(f) of the Education Amendments of 1978)
of the tribally controlled school.
‘‘(B) TO SECRETARY.—Not later than 30
days after receiving written confirmation that
the tribal governing body has received the re-
port send pursuant to subsection (A), the re-
cipient of the grant shall send a copy of the re-
port to the Secretary.
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Education Amendments of 1978) of the tribally
controlled school which states—
‘‘(i) the specific deficiencies that led
to the revocation or resumption determina-
tion; and
‘‘(ii) the actions that are needed to
remedy such deficiencies; and
‘‘(B) affords such authority an opportunity
to effect the remedial actions.
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary
shall provide such technical assistance as is prac-
ticable to effect such remedial actions. Such notice
and technical assistance shall be in addition to a
hearing and appeal to be conducted pursuant to the
regulations described in section 5206(f)(1)(C).
‘‘(d) APPLICABILITY
OF SECTION PURSUANT
TO
ELECTION UNDER SECTION 5209(b).—With respect to a
tribally controlled school which receives assistance under
this part pursuant to an election made under section
5209(b)—
‘‘(1) subsection (b) of this section shall apply;
and
‘‘(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance
with subsection (c) of this section.
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‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary shall make
payments to grantees under this part in two pay-
ments, of which—
‘‘(A) the first payment shall be made not
later than July 15 of each year in an amount
equal to 85 percent of the amount which the
grantee was entitled to receive during the pre-
ceding academic year; and
‘‘(B) the second payment, consisting of the
remainder to which the grantee is entitled for
the academic year, shall be made not later than
December 1 of each year.
‘‘(2) NEWLY
FUNDED
SCHOOLS.—For any
school for which no payment under this part was
made from Bureau funds in the preceding academic
year, full payment of the amount computed for the
first academic year of eligibility under this part shall
be made not later than December 1 of the academic
year.
‘‘(3) LATE FUNDING.—With regard to funds for
grantees that become available for obligation on Oc-
tober 1 of the fiscal year for which such funds are
appropriated, the Secretary shall make payments to
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grantees not later than December 1 of the fiscal
year.
‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PRO-
VISIONS.—The provisions of chapter 39 of Title 31,
United States Code, shall apply to the payments re-
quired to be made by paragraphs (1), (2), and (3).
‘‘(5) RESTRICTIONS.—Paragraphs (1), (2), and
(3) shall be subject to any restriction on amounts of
payments under this part that are imposed by a con-
tinuing resolution or other Act appropriating the
funds involved.
‘‘(b) INVESTMENT OF FUNDS.—
‘‘(1) TREATMENT OF INTEREST AND INVEST-
MENT INCOME.—Notwithstanding any other provi-
sion of law, any interest or investment income that
accrues to any funds provided under this part after
such funds are paid to the Indian tribe or tribal or-
ganization and before such funds are expended for
the purpose for which such funds were provided
under this part shall be the property of the Indian
tribe or tribal organization and shall not be taken
into account by any officer or employee of the Fed-
eral Government in determining whether to provide
assistance, or the amount of assistance, under any
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provision of Federal law. Such interest income shall
be spent on behalf of the school.
‘‘(2) PERMISSIBLE INVESTMENTS.—Funds pro-
vided under this part may be invested by the Indian
tribe or tribal organization before such funds are ex-
pended for the purposes of this part so long as such
funds are—
‘‘(A) invested by the Indian tribe or tribal
organization only in obligations of the United
States, or in obligations or securities that are
guaranteed or insured by the United States, or
mutual (or other) funds registered with the Se-
curities and Exchange Commission and which
only invest in obligations of the United States,
or securities that are guaranteed or insured by
the United States; or
‘‘(B) deposited only into accounts that are
insure by and agency or instrumentality of the
United States, or are fully collateralized to en-
sure protection of the funds, even in the event
of a bank failure.
‘‘(c) RECOVERIES.—For the purposes of under-
recovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived,
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funds received under this part shall not be taken into con-
sideration.
‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSIST-
ANCE ACT.
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—
The following provisions of the Indian Self-Determination
and Education Assistance Act (and any subsequent revi-
sions thereto or renumbering thereof), shall apply to
grants provided under this part:
‘‘(1) Section 5(f) (relating to single agency
audit).
‘‘(2) Section 6 (relating to criminal activities;
penalties).
‘‘(3) Section 7 (relating to wage and labor
standards).
‘‘(4) Section 104 (relating to retention of Fed-
eral employee coverage).
‘‘(5) Section 105(f) (relating to Federal prop-
erty).
‘‘(6) Section 105(k) (relating to access to Fed-
eral sources of supply).
‘‘(7) Section 105(l) (relating to lease of facility
used for administration and delivery of services).
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‘‘(8) Section 106(e) (relating to limitation on
remedies relating to cost allowances).
‘‘(9) Section 106(i) (relating to use of funds for
matching or cost participation requirements).
‘‘(10) Section 106(j) (relating to allowable uses
of funds).
‘‘(11) Section 108(c) (Model Agreements provi-
sions (1)(a)(5) (relating to limitations of costs),
(1)(a)(7) (relating to records and monitoring),
(1)(a)(8) (relating to property), and (a)(1)(9) (relat-
ing to availability of funds).
‘‘(12) Section 109 (relating to reassumption).
‘‘(13) Section 111 (relating to sovereign immu-
nity and trusteeship rights unaffected).
‘‘(b) ELECTION
FOR GRANT
IN LIEU
OF CON-
TRACT.—
‘‘(1) IN GENERAL.—Contractors for activities to
which this part applies who have entered into a con-
tract under the Indian Self-Determination and Edu-
cation Assistance Act that is in effect upon the date
of the enactment of the Student Results Act of 1999
may, by giving notice to the Secretary, elect to have
the provisions of this part apply to such activity in
lieu of such contract.
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‘‘(2) EFFECTIVE
DATE
OF
ELECTION.—Any
election made under paragraph (1) shall take effect
on the later of—
‘‘(A) October 1 of the fiscal year suc-
ceeding the fiscal year in which such election is
made; or
‘‘(B) 60 days after the date of such elec-
tion.
‘‘(3) EXCEPTION.—In any case in which the 60-
day period referred to in paragraph (2)(B) is less
than 60 days before the beginning of the succeeding
fiscal year, such election shall not take effect until
the fiscal year after the fiscal year succeeding the
election.
‘‘(c) NO DUPLICATION.—No funds may be provided
under any contract entered into under the Indian Self-De-
termination and Education Assistance Act to pay any ex-
penses incurred in providing any program or services if
a grant has been made under this part to pay such ex-
penses.
‘‘(d) TRANSFERS AND CARRYOVERS.—
‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE-
RIALS.—A tribe or tribal organization assuming the
operation of—
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ment to such grant, and any dispute involving an adminis-
trative cost grant under section 1128 of the Education
Amendments of 1978 shall be administered under the pro-
visions governing such exceptions, problems, or disputes
in the case of contracts under the Indian Self-Determina-
tion and Education Assistance Act of 1975. The Equal
Access to Justice Act shall apply to administrative appeals
filed after September 8, 1988, by grantees regarding a
grant under this part, including an administrative cost
grant.
‘‘SEC. 5210. ROLE OF THE DIRECTOR.
‘‘Applications for grants under this part, and all ap-
plication modifications, shall be reviewed and approved by
personnel under the direction and control of the Director
of the Office of Indian Education Programs. Required re-
ports shall be submitted to education personnel under the
direction and control of the Director of such Office.
‘‘SEC. 5211. REGULATIONS.
‘‘The Secretary is authorized to issue regulations re-
lating to the discharge of duties specifically assigned to
the Secretary by this part. In all other matters relating
to the details of planning, development, implementing, and
evaluating grants under this part, the Secretary shall not
issue regulations. Regulations issued pursuant to this part
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shall not have the standing of a Federal statute for the
purposes of judicial review.
‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL
ENDOWMENT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) Each school receiving grants under this
part may establish, at a Federally insured banking
and savings institution, a trust fund for the pur-
poses of this section.
‘‘(2) The school may provide—
‘‘(A) for the deposit into the trust fund,
only funds from non-Federal sources, except
that the interest on funds received from grants
under this part may be used for this purpose;
‘‘(B) for the deposit in the account of any
earnings on funds deposited in the account; and
‘‘(C) for the sole use of the school any
noncash, in-kind contributions of real or per-
sonal property, such property may at any time
be converted to cash.
‘‘(b) INTEREST.—Interest from the fund established
under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray any ex-
penses associated with the operation of the school.
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‘‘SEC. 5213. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the
Interior.
‘‘(2) ELIGIBLE
INDIAN
STUDENT.—The term
‘eligible Indian student’ has the meaning of such
term in section 1127(f) of the Education Amend-
ments of 1978.
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including Alaska Native
Village or regional corporations (as defined in or es-
tablished pursuant to the Alaskan Native Claims
Settlement Act, which is recognized as eligible for
the special programs and services provided by the
United States to Indians because of their status as
Indians.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
a ‘local educational agency’ means a public board of
education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State or such combination of school
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districts or counties as are recognized in a State as
an administrative agency for its public elementary or
secondary schools. Such term includes any other
public institution or agency having administrative
control and direction of a public elementary or sec-
ondary school.
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(6) TRIBAL
ORGANIZATION.—(A) The term
‘tribal organization’ means—
‘‘(i) the recognized governing body of any
Indian tribe; or
‘‘(ii) any legally established organization of
Indians which—
‘‘(I) is controlled, sanctioned, or char-
tered by such governing body or is demo-
cratically elected by the adult members of
the Indian community to be served by such
organization; and
‘‘(II) includes the maximum participa-
tion of Indians in all phases of its activi-
ties.
‘‘(B) In any case in which a grant is provided
under this part to an organization to provide serv-
ices benefiting more than one Indian tribe, the ap-
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proval of the governing bodies of Indian tribes rep-
resenting 80 percent of those students attending the
tribally controlled school shall be considered a suffi-
cient tribal authorization for such grant.
‘‘(7) TRIBALLY
CONTROLLED
SCHOOL.—The
term ‘tribally controlled school’ means a school oper-
ated by a tribe or a tribal organization, enrolling
students in kindergarten through grade 12, includ-
ing preschools, which is not a local educational agen-
cy and which is not directly administered by the Bu-
reau of Indian Affairs.’’.
TITLE V—GIFTED AND
TALENTED CHILDREN
SEC. 501. AMENDMENT TO ESEA RELATING TO GIFTED AND
TALENTED CHILDREN.
Part B of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8031 et seq.) is amend-
ed to read as follows:
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 10201. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gift-
ed and Talented Students Education Act of 1999’.
‘‘SEC. 10202. FINDINGS.
‘‘The Congress finds the following:
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‘‘(1) While the families or communities of some
gifted students can provide private programs with
appropriately trained staff to supplement public edu-
cational offerings, most high-ability students, espe-
cially those from inner cities, rural communities, or
low-income families, must rely on the services and
personnel provided by public schools. Therefore, gift-
ed education programs, provided by qualified profes-
sionals in the public schools, are needed to provide
equal educational opportunities.
‘‘(2) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, the Federal Government
can most effectively and appropriately conduct sci-
entifically based research and development to pro-
vide an infrastructure and to ensure that there is a
national capacity to educate students who are gifted
and talented to meet the needs of the 21st century.
‘‘(3) State and local educational agencies often
lack the specialized resources and trained personnel
to consistently plan and implement effective pro-
grams for the identification of gifted and talented
students and for the provision of educational services
and programs appropriate for their needs.
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‘‘(4) Because gifted and talented students gen-
erally are more advanced academically, are able to
learn more quickly, and study in more depth and
complexity than others their age, their educational
needs require opportunities and experiences that are
different from those generally available in regular
education programs.
‘‘(5) Typical elementary school students who
are academically gifted and talented already have
mastered 35 to 50 percent of the school year’s con-
tent in several subject areas before the year begins.
Without an advanced and challenging curriculum,
they often lose their motivation and develop poor
study habits that are difficult to break.
‘‘(6) Elementary and secondary teachers have
students in their classrooms with a wide variety of
traits, characteristics, and needs. Most teachers re-
ceive some training to meet the needs of these stu-
dents, such as students with limited English pro-
ficiency, students with disabilities, and students
from diverse cultural and racial backgrounds. How-
ever, most teachers do not receive training on meet-
ing the needs of students who are gifted and tal-
ented.
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‘‘SEC. 10203. CONDITIONS ON EFFECTIVENESS OF SUB-
PARTS 1 AND 2.
‘‘(a) SUBPART 1.—Subpart 1 shall be in effect only
for a fiscal year for which subpart 2 is not in effect.
‘‘(b) SUBPART 2.—
‘‘(1) IN GENERAL.—Subpart 2 shall be in effect
only for—
‘‘(A) the first fiscal year for which the
amount appropriated to carry out this part
equals or exceeds $50,000,000; and
‘‘(B) all succeeding fiscal years.
‘‘(2) CONTINUATION
OF
AWARDS.—Notwith-
standing any other provision of this part, a State re-
ceiving a grant under subpart 2—
‘‘(A) shall give special consideration to a
request for the continuation of an award within
the State, made by any public or private agen-
cy, institution, or organization that was award-
ed a grant or contract under subpart 1 for a
fiscal year for which such subpart was in effect;
and
‘‘(B) may use funds received under such
grant for the purpose of permitting the agency,
institution, or organization to continue to re-
ceive funds in accordance with the terms of
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such award until the date on which the award
period terminates under such terms.
‘‘Subpart 1—Discretionary Grant Program
‘‘SEC. 10211. PURPOSE.
‘‘The purpose of this subpart is to initiate a coordi-
nated program of scientifically based research, demonstra-
tion projects, innovative strategies, and similar activities
designed to build a nationwide capability in elementary
and secondary schools to meet the special educational
needs of gifted and talented students.
‘‘SEC. 10212. GRANTS TO MEET EDUCATIONAL NEEDS OF
GIFTED AND TALENTED STUDENTS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—Subject to section 10203,
from the sums available to carry out this subpart in
any fiscal year, the Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher edu-
cation, other public agencies, and other private agen-
cies and organizations (including Indian tribes and
Indian organizations (as such terms are defined in
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) and Native
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Hawaiian organizations) to assist such agencies, in-
stitutions, and organizations in carrying out pro-
grams or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of per-
sonnel in the education of gifted and talented stu-
dents and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
‘‘(2) APPLICATION.—Each entity desiring as-
sistance under this subpart shall submit an applica-
tion to the Secretary at such time, in such manner,
and containing such information as the Secretary
may reasonably require. Each such application shall
describe how—
‘‘(A) the proposed gifted and talented serv-
ices, materials, and methods can be adapted, if
appropriate, for use by all students; and
‘‘(B) the proposed programs can be evalu-
ated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this subpart may include the following:
‘‘(1) Carrying out—
‘‘(A) scientifically based research on meth-
ods and techniques for identifying and teaching
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gifted and talented students, and for using gift-
ed and talented programs and methods to serve
all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of infor-
mation needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented pro-
grams, including summer programs, mentoring pro-
grams, service learning programs, and cooperative
programs involving business, industry, and edu-
cation.
‘‘(4) Implementing innovative strategies, such
as cooperative learning, peer tutoring and service
learning.
‘‘(5) Programs of technical assistance and in-
formation dissemination, including assistance and
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information with respect to how gifted and talented
programs and methods, where appropriate, may be
adapted for use by all students.
‘‘(c) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘SEC. 10213. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this subpart, the Secretary shall give highest priority to
programs and projects designed to develop new informa-
tion that—
‘‘(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
‘‘(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through tradi-
tional assessment methods (including economically
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disadvantaged individuals, individuals of limited
English proficiency, and individuals with disabil-
ities).
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 10212(a)(2), the Secretary
shall ensure that in each fiscal year at least one-half of
the applications approved under such section address the
priority described in subsection (a)(2).
‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES FOR AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—For fiscal year 2001 and
succeeding fiscal years, the Secretary shall ensure
that a percentage of the excess amount described in
paragraph (2) is used to increase (in proportion to
any increases in such excess amounts) the number
and size of the grants under this subpart to State
educational agencies to begin implementing activities
described in section 10222(b) through competitive
subgrants to local educational agencies.
‘‘(2) EXCESS AMOUNT.—For purposes of para-
graph (1), the excess amount described in this para-
graph is, for fiscal year 2001 and succeeding fiscal
years, the amount (if any) by which the funds ap-
propriated to carry out this subpart for the year ex-
ceed such funds for fiscal year 2000.
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‘‘SEC. 10214. GENERAL PROVISIONS FOR SUBPART.
‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary—
‘‘(1) shall use a peer review process in review-
ing applications under this subpart;
‘‘(2) shall ensure that information on the activi-
ties and results of programs and projects funded
under this subpart is disseminated to appropriate
State and local educational agencies and other ap-
propriate organizations, including nonprofit private
organizations; and
‘‘(3) shall evaluate the effectiveness of pro-
grams under this subpart in accordance with section
14701, both in terms of the impact on students tra-
ditionally served in separate gifted and talented pro-
grams and on other students, and submit the results
of such evaluation to the Congress not later than 2
years after the date of the enactment of the Student
Results Act of 1999.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall
ensure that the programs under this subpart are adminis-
tered within the Department by a person who has recog-
nized professional qualifications and experience in the field
of the education of gifted and talented students and who—
‘‘(1) shall administer and coordinate the programs
authorized under this subpart;
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‘‘(2) shall serve as a focal point of national
leadership and information on the educational needs
of gifted and talented students and the availability
of educational services and programs designed to
meet such needs; and
‘‘(3) shall assist the Assistant Secretary of the
Office of Educational Research and Improvement in
identifying research priorities which reflect the needs
of gifted and talented students.
‘‘Subpart 2—Formula Grant Program
‘‘SEC. 10221. PURPOSE.
‘‘The purpose of this subpart is to provide grants to
States to support programs, teacher preparation, and
other services designed to meet the needs of the Nation’s
gifted and talented students in elementary and secondary
schools.
‘‘SEC. 10222. ESTABLISHMENT OF PROGRAM; USE OF
FUNDS.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 10224 submits to the Secretary
an application for a fiscal year, subject to section 10203,
the Secretary shall make a grant for the year to the State
for the uses specified in subsection (b). The grant shall
consist of the allotment determined for the State under
section 10223.
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‘‘(b) AUTHORIZED ACTIVITIES.—Each State receiv-
ing a grant under this subpart shall use the funds pro-
vided under the grant to assist local educational agencies
to develop or expand gifted and talented education pro-
grams through one or more of the following activities:
‘‘(1) Development and implementation of pro-
grams to address State and local needs for in-service
training programs for general educators, specialists
in gifted and talented education, administrators, or
other personnel at the elementary and secondary lev-
els.
‘‘(2) Making materials and services available
through State regional educational service centers,
institutions of higher education, or other entities.
‘‘(3) Supporting innovative approaches and cur-
ricula used by local educational agencies (or con-
sortia of such agencies) or schools or (consortia of
schools).
‘‘(4) Providing funds for challenging, high-level
course work, disseminated through new and emerg-
ing technologies (including distance learning), for in-
dividual students or groups of students in schools
and local educational agencies that do not have the
resources otherwise to provide such course work.
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‘‘(c) COMPETITIVE PROCESS.—A State receiving a
grant under this subpart shall distribute at least 95 per-
cent of the amount of the grant to local educational agen-
cies through a competitive process that results in an equi-
table distribution by geographic area within the State.
‘‘(d) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) COURSE
WORK
PROVIDED
THROUGH
EMERGING
TECHNOLOGIES.—Activities under sub-
section (b)(4) may include development of cur-
riculum packages, compensation of distance-learning
educators, or other relevant activities, but funds pro-
vided under this subpart may not be used for the
purchase or upgrading of technological hardware.
‘‘(2) ADMINISTRATIVE COSTS.—A State receiv-
ing a grant under this subpart may use not more
than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 10223. ALLOTMENTS TO STATES.
‘‘(a) RESERVATION OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal
year, the Secretary shall reserve 1⁄2 of 1 percent for the
Secretary of the Interior for programs under this subpart
for teachers, other staff, and administrators in schools op-
erated or funded by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot the total amount
made available to carry out this subpart for any fis-
cal year and not reserved under subsection (a) to the
50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico on the basis of their rel-
ative populations of individuals aged 5 through 17,
as determined by the Secretary on the basis of the
most recent satisfactory data.
‘‘(2) MINIMUM GRANT AMOUNT.—No State re-
ceiving an allotment under paragraph (1) may re-
ceive less than 1⁄4 of 1 percent of the total amount
allotted under such paragraph.
‘‘(c) REALLOTMENT.—If any State does not apply for
an allotment under this section for any fiscal year, the
Secretary shall reallot such amount to the remaining
States in accordance with this section.
‘‘SEC. 10224. APPLICATION.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include assurances that—
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‘‘(1) funds received under this subpart will be
used to support gifted and talented students in pub-
lic schools and public charter schools, including stu-
dents from all economic, ethnic, and racial back-
grounds, students of limited English proficiency, stu-
dents with disabilities, and highly gifted students;
‘‘(2) not less than 95 percent of the amount of
the funds provided under the grant shall be used for
the purpose of making, in accordance with this sub-
part and on a competitive basis, subgrants to local
educational agencies;
‘‘(3) funds received under this subpart shall be
used only to supplement, but not supplant, the
amount of State and local funds expended for spe-
cialized education and related services provided for
the education of gifted and talented students; and
‘‘(4) the State shall develop procedures to
evaluate program effectiveness.
‘‘(c) APPROVAL.—To the extent funds are made
available for this subpart, the Secretary shall approve an
application of a State if such application meets the re-
quirements of this section.
‘‘SEC. 10225. ANNUAL REPORTING.
‘‘Beginning 1 year after the date of the enactment
of the Student Results Act of 1999, a State receiving a
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grant under this subpart shall submit an annual report
to the Secretary that describes the number of students
served and the activities supported with funds provided
under this subpart. The report shall include a description
of the measures taken to comply with paragraphs (1) and
(4) of section 10224(b). To the extent practicable and oth-
erwise authorized by law, this report shall be submitted
as part of any consolidated State performance report for
State formula grant programs under this Act.
‘‘Subpart 3—National Center for Research and Devel-
opment in the Education of Gifted and Talented
Children and Youth
‘‘SEC. 10231. CENTER FOR RESEARCH AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary (after consulta-
tion with experts in the field of the education of gifted
and talented students) shall establish a National Center
for Research and Development in the Education of Gifted
and Talented Children and Youth through grants to or
contracts with one or more institutions of higher education
or State educational agencies, or a combination or consor-
tium of such institutions and agencies and other public
or private agencies and organizations, for the purpose of
carrying out activities described in section 10212(b)(1).
‘‘(b) DIRECTOR.—Such National Center shall have a
Director. The Secretary may authorize the Director to
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carry out such functions of the National Center as may
be agreed upon through arrangements with institutions of
higher education, State or local educational agencies, or
other public or private agencies and organizations.
‘‘(c) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘Subpart 4—General Provisions
‘‘SEC. 10241. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit
a recipient of funds under this part from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 10242. PARTICIPATION OF PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
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that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such children.
‘‘SEC. 10243. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘scientifically based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to the education of
gifted and talented children; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
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‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(2) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘SEC. 10244. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUBPART 1 OR 2.—Subject to section 10203,
there are authorized to be appropriated $10,000,000 to
carry out subpart 1 or 2 for fiscal year 2000 and such
sums as may be necessary for each of fiscal years 2001
through 2004.
‘‘(b) SUBPART 3.—There are authorized to be appro-
priated to carry out subpart 3 $1,950,000 for each of fis-
cal years 2000 through 2004.’’.
TITLE VI—RURAL EDUCATION
ASSISTANCE
SEC. 601. RURAL EDUCATION.
Part J of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8271 et seq.) is amend-
ed to read as follows:
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‘‘PART J—RURAL EDUCATION INITIATIVE
‘‘SEC. 10951. SHORT TITLE.
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act of 1999’.
‘‘SEC. 10952. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The National Center for Educational Sta-
tistics reports that 46 percent of our Nation’s public
schools serve rural areas.
‘‘(2) While there are rural education initiatives
identified at the State and local level, no Federal
education policy focuses on the specific and unique
needs of rural school districts and schools.
‘‘(3) Small school districts often cannot use
Federal grant funds distributed by formula because
the formula allocation does not provide enough rev-
enue to carry out the program the grant is intended
to fund.
‘‘(4) Rural schools often cannot compete for
Federal funding distributed by competitive grants
because the schools lack the personnel needed to
prepare grant applications and the resources to hire
specialists in the writing of Federal grant proposals.
‘‘(5) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in read-
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ing, science, and mathematics). As a result, teachers
in rural schools are almost twice as likely to provide
instruction in three or more subject areas than
teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax
bases, high transportation costs, aging buildings,
limited course offerings, and limited resources.
‘‘Subpart 1—Small and Rural School Program
‘‘SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.
‘‘(a) ALTERNATIVE USES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, an eligible local educational agency
may use the applicable funding, that the agency is
eligible to receive from the State educational agency
for a fiscal year, to support local or statewide edu-
cation reform efforts intended to improve the aca-
demic achievement of elementary school and sec-
ondary school students and the quality of instruction
provided for the students.
‘‘(2) NOTIFICATION.—An eligible local edu-
cational agency shall notify the State educational
agency of the local educational agency’s intention to
use the applicable funding in accordance with para-
graph (1) not later than a date that is established
by the State educational agency for the notification.