I 
114TH CONGRESS 
2D SESSION 
H. R. 5700 
To support the education of Indian children. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 8, 2016 
Mr. RUIZ introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To support the education of Indian children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native Educator Sup-
port and Training Act’’ or the ‘‘NEST Act’’. 
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TITLE I—STUDENT ASSISTANCE 
PART A—SCHOLARSHIPS FOR THE STUDY OF 
EDUCATION AND SCHOOL ADMINISTRATION 
SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF 
INDIAN STUDENTS AND INDIAN EDUCATORS. 
Part B of title II of the Higher Education Act (20 
U.S.C. 1031 et seq.) is amended by adding at the end 
the following: 
‘‘Subpart 6—Indian Educator Scholarship Program 
‘‘SEC. 259A. PURPOSE; DEFINITIONS. 
‘‘(a) PURPOSE.—The purposes of this subpart are— 
‘‘(1) to carry out the United States trust re-
sponsibility for the education of Indian children; and 
‘‘(2) to provide a more stable base of education 
professionals with an understanding of the needs of 
Indian students to serve in public elementary schools 
and secondary schools, schools funded by the Bureau 
of Indian Education, the Department of Education, 
State educational agencies, and local educational 
agencies. 
‘‘(b) DEFINITIONS.—In this subpart: 
‘‘(1) The term ‘Indian’ shall have the meaning 
given that term in section 316. 
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‘‘(2) The term ‘Bureau-funded school’ has the 
meaning given the term in section 1141 of the Edu-
cation Amendments of 1978 (25 U.S.C. 2021). 
‘‘SEC. 259B. TERMS AND CONDITIONS OF SCHOLARSHIP 
CONTRACTS. 
‘‘(a) IN GENERAL.—Unless otherwise specified, a 
scholarship grant under this subpart shall have the terms 
and conditions described in this section. 
‘‘(b) CONTENTS OF CONTRACT.— 
‘‘(1) IN GENERAL.—The written contract be-
tween the Secretary and the individual receiving a 
scholarship grant under this subpart shall contain 
the following: 
‘‘(A) A statement that the Secretary 
agrees to provide the individual with a scholar-
ship in accordance with section 259C, 259D, or 
259E, as the case may be. 
‘‘(B) A statement that the individual 
agrees— 
‘‘(i) to accept the relevant scholarship 
under this subpart; 
‘‘(ii) to maintain enrollment in the 
course of study for which the scholarship 
was awarded until the individual completes 
the course of study; 
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‘‘(iii) while enrolled in such course of 
study, to maintain an acceptable level of 
academic standing (as determined by the 
Secretary, taking into account the require-
ments of the institution of higher edu-
cation offering such course of study); and 
‘‘(iv) to serve, through full-time em-
ployment at an eligible school or eligible 
service employer (as described under sec-
tion 259C, 259D, or 259E, as the case 
may be), for a time period (referred to in 
this section as the ‘period of obligated 
service’) equal to the greater of— 
‘‘(I) 1 year for the equivalent of 
each school year for which the indi-
vidual was provided a scholarship 
under this subpart; or 
‘‘(II) 3 years. 
‘‘(C) A statement of the damages to which 
the United States is entitled, under subsection 
(d), for the individual’s breach of the contract. 
‘‘(D) Any other relevant statements of the 
rights and liabilities of the Secretary and of the 
individual, in accordance with the provisions of 
this subpart. 
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for a period in alignment with section 
102 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612) and as 
approved by the Secretary. 
‘‘(III) MILITARY
SERVICE.—If 
the individual is a member of the Na-
tional Guard or other reserve compo-
nent of the Armed Forces of the 
United States, or a member of such 
Armed Forces in a retired status, and 
such individual is called or ordered to 
active duty (as defined in section 
101(d)(1) of title 10, United States 
Code), such individual shall be eligible 
for a deferment during the period of 
active duty and for an appropriate pe-
riod (as determined by the Secretary) 
after returning from active duty. 
‘‘(ii) CONDITIONS OF DEFERMENT.— 
A deferment granted under this subpara-
graph shall be subject to the following con-
ditions: 
‘‘(I) The deferment period shall 
not be counted as satisfying any pe-
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riod of obligated service that is re-
quired under this section. 
‘‘(II) The period of obligated 
service of the individual shall com-
mence at the later of— 
‘‘(aa) 90 days after the com-
pletion of the deferment period; 
‘‘(bb) the commencement of 
the first school year at the school 
where the individual has been 
hired that begins after the com-
pletion of the deferment; or 
‘‘(cc) a date specified by the 
Secretary. 
‘‘(C) PART-TIME STUDY.—In the case of 
an individual receiving a scholarship under this 
subpart who is enrolled part-time in an ap-
proved course of study— 
‘‘(i) a scholarship under this subpart 
shall be for a period of years not to exceed 
the part-time equivalent of 4 years, as de-
termined by the Secretary; 
‘‘(ii) the period of obligated service 
shall be equal to the greater of— 
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‘‘(I) 1 year for the equivalent of 
each full-time academic year for which 
the individual was provided a scholar-
ship (as determined by the Secretary 
by adding the fractions of a full-time 
academic year that each period of 
part-time attendance comprises); or 
‘‘(II) 2 years; and 
‘‘(iii) the amount of the monthly sti-
pend specified in subsection (c) shall be re-
duced pro rata, as determined by the Sec-
retary, based on the number of hours of 
study in which such individual is enrolled. 
‘‘(c) SCHOLARSHIP.— 
‘‘(1) IN GENERAL.—A scholarship provided to a 
student under this subpart for a school year shall 
equal the amount of— 
‘‘(A) the tuition of the student; 
‘‘(B) all other reasonable educational ex-
penses incurred by the student in such school 
year, including fees, books, laboratory expenses, 
and other expenses as determined by the Sec-
retary; and 
‘‘(C) a stipend of $800 per month (ad-
justed in accordance with paragraph (3)) for 
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each of the 12 consecutive months beginning 
with the first month of such school year. 
‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER 
EDUCATION.—The Secretary may contract with an 
institution of higher education in which a participant 
in the scholarship program under this subpart is en-
rolled for the payment to such institution on behalf 
of the student of the amounts of tuition and other 
reasonable educational expenses described in sub-
paragraphs (A) and (B) of paragraph (1). Payment 
to such institution may be made without regard to 
subsections (a) and (b) of section 3324 of title 31, 
United States Code. 
‘‘(3) STIPEND.—The amount of the monthly 
stipend described in paragraph (1)(C) shall be in-
creased by the Secretary for each school year ending 
in a fiscal year beginning after September 30, 2017, 
by the amount (rounded to the next highest multiple 
of $1) equal to the amount of such stipend multi-
plied by the percentage adjustment in the rates of 
pay under the General Schedule taking effect under 
section 5303 of title 5, United States Code, during 
the fiscal year in which such school year ends (if 
such adjustment is an increase). 
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‘‘(d) LIABILITY; FAILURE TO COMPLETE THE PE-
RIOD OF OBLIGATED SERVICE; REPAYMENT.— 
‘‘(1) LIABILITY.—An individual who has en-
tered into a written contract with the Secretary 
under this section shall be liable to the United 
States for the amount which has been paid to, or on 
behalf of, such individual under the contract, if such 
individual— 
‘‘(A) fails to maintain an acceptable level 
of academic standing in the institution of high-
er education in which the individual is enrolled 
(as determined by the Secretary taking into ac-
count the requirements of the institution of 
higher education offering such course of study); 
‘‘(B) is dismissed from such institution of 
higher education for disciplinary reasons; 
‘‘(C) voluntarily terminates the training in 
such institution of higher education for which 
such individual is provided a scholarship under 
such contract before the completion of such 
training; or 
‘‘(D) fails to accept payment, or instructs 
the institution of higher education in which 
such individual is enrolled not to accept pay-
ment, under this section. 
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‘‘(2) FAILURE TO COMPLETE THE PERIOD OF 
OBLIGATED SERVICE.—An individual who has en-
tered into a written contract with the Secretary 
under this section may petition the Secretary to 
delay the date on which the individual would other-
wise be required to begin the period of obligated 
service if such individual has not succeeded in ob-
taining employment required by this section. In sup-
port of such petition, the individual shall supply 
such reasonable information as the Secretary may 
require. The Secretary shall retain full discretion re-
garding the decision about whether to grant or de-
cline such a delay and to determine the duration of 
any delay that is granted. 
‘‘(3) REPAYMENT.— 
‘‘(A) IN GENERAL.—An individual who has 
entered into a written contract with the Sec-
retary under this section and who is liable for 
any amount of damages which the United 
States is entitled to recover under this sub-
section shall— 
‘‘(i) begin payment of such damages 
to the United States within 1 year of the 
date of the breach or on such later date as 
specified by the Secretary; and 
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