H. R. 6—470
standards), with section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), and with the Americans with Disabilities Act of 1990,
except that 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 enactment of the
Improving America’s Schools Act of 1994.
‘‘(b) By January 1, 1996, and at each time thereafter that
the annual budget request for Bureau educational services is pre-
sented, the Secretary shall submit to the appropriate committees
of Congress a detailed plan to bring such facilities into compliance
with such standards. 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 time lines for bringing each school into compliance
with such standards.
‘‘(c) Within six months of the date of enactment of this Act,
the Secretary shall submit to the appropriate committees of Con-
gress, and publish in the Federal Register, the system used to
establish priorities for school construction projects. At the time
any budget request for school construction is presented, the Sec-
retary shall publish in the Federal Register and submit with the
budget request the current list of all school construction priorities.
‘‘(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially curtailed,
by reason of plant conditions that constitute an immediate hazard
to health and safety only if a health and safety officer of the
Bureau determines that such conditions exist at the Bureau school.
‘‘(2)(A) In making determinations described in paragraph (1)
before July 1, 1989, health and safety officers of the Bureau shall
use the health and safety guidelines of the Bureau that were
in effect on January 1, 1988.
‘‘(B)(i) If—
‘‘(I) the Secretary fails to publish in the Federal Register
in final form before July 1, 1989, and
‘‘(II) action described in paragraph (1) is taken after June
30, 1989, and before the date on which such regulations are
published in final form in the Federal Register by reason of
the condition of any plant,
an inspection of the condition of such plant shall be conducted
by an appropriate tribal, county, municipal, or State health and
safety officer to determine whether conditions at such plant con-
stitute an immediate hazard to health and safety. Such inspection
shall be completed by not later than the date that is 30 days
after the date on which the action described in paragraph (1)
is taken.
‘‘(ii) The inspection required under clause (i) shall be conducted
by a health and safety officer designated jointly by the Secretary
and the tribes affected by the action described in paragraph (1).
If the Secretary and such tribes are unable to agree on the designa-
tion of the health and safety officer, the Secretary shall designate
the health and safety officer and shall provide notice of such des-
ignation to each of such tribes before the inspection is conducted
by such officer.
‘‘(iii) If the health and safety officer conducting an inspection
of a plant required under clause (i) determines that conditions
at the plant do not constitute an immediate hazard to health
and safety, any consolidation or curtailment that was made by
H. R. 6—471
reason of conditions at the plant shall immediately cease and any
school closed by reason of conditions at the plant shall be reopened
immediately.
‘‘(3) If—
‘‘(A) a Bureau school is temporarily closed or consolidated,
or the programs of a Bureau school are substantially curtailed,
by reason of plant conditions that constitute an immediate
hazard to health and safety, and
‘‘(B) the Secretary estimates that the closure, consolidation,
or curtailment will be more than 1 year in duration,
the Secretary shall submit to the Congress, by not later than
the date that is 6 months after the date on which the closure,
consolidation, or curtailment is initiated, a report which sets forth
the reasons for such temporary actions and the actions the Secretary
is taking to eliminate the conditions that constitute the hazard.
‘‘(e) There are authorized to be appropriated such sums as
may be necessary to carry out subsection (a).
‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
‘‘(a) The Secretary shall vest in the Assistant 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 edu-
cation administered by the Bureau. The Assistant Secretary shall
carry out such functions through the Director of the Office of
Indian Education.
‘‘(b) The Director of the Office shall direct and supervise the
operations of all personnel directly and substantially involved with
provision of education services by the Bureau, including school
or institution custodial or maintenance personnel. The Assistant
Secretary for Indian Affairs shall provide for the adequate coordina-
tion between the affected Bureau Offices and the Office to facilitate
the consideration of all contract functions relating to education.
Except as required by section 1129, nothing in this Act shall be
construed to require the provision of separate support services
for Indian education.
‘‘(c) Education personnel who are under the direction and super-
vision of the Director of the Office in accordance with the first
sentence of subsection (b) shall—
‘‘(1) monitor and evaluate Bureau education programs,
‘‘(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 assistance in areas
such as procurement, contracting, budgeting, personnel, and
curriculum.
‘‘(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan—
‘‘(A) for school facilities to be constructed under the system
required by section 1125(c);
‘‘(B) for establishing priorities among projects and for the
improvement and repair of education facilities, which together
shall form the basis for the distribution of appropriated funds;
and
‘‘(C) including a 5-year plan for capital improvements.
‘‘(2)(A) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the operation
H. R. 6—472
and maintenance of education facilities. Such program shall
include—
‘‘(i) a method of computing the amount necessary for each
education facility;
‘‘(ii) similar treatment of all Bureau funded schools;
‘‘(iii) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate education
line officers; and
‘‘(iv) a system for the conduct of routine preventive mainte-
nance.
‘‘(B) The appropriate education line officers shall make arrange-
ments for the maintenance of education facilities with the local
supervisors of the Bureau maintenance personnel who are under
the authority of the agency superintendent or area directors, respec-
tively. The local supervisors of Bureau maintenance personnel shall
take appropriate action to implement the decisions made by the
appropriate education line officers, except that no funds under
this part may be authorized for expenditure unless such appropriate
education line officer is assured that the necessary maintenance
has been, or will be, provided in a reasonable manner. Subject
to the requirements of subsection (b) of this section, nothing in
this Act shall be construed to require the provision of separate
operations and maintenance personnel for the Office.
‘‘(3) The requirements of this subsection shall be implemented
not later than July 1, 1995.
‘‘(e) Notwithstanding any other provision of law, the Director
shall promulgate guidelines for the establishment of mechanisms
for the acceptance of gifts and bequests for the use of, and benefit
of, particular schools or designated Bureau operated education pro-
grams, including, where appropriate, the establishment and
administration of trust funds. When a Bureau operated program
is the beneficiary of 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 use to which such gift or bequest is put,
and any positive results achieved by such action.
‘‘(f) For the purpose of this section the term ‘functions’ includes
powers and duties.
‘‘SEC. 1127. ALLOTMENT FORMULA.
‘‘(a)(1) The Secretary shall establish, by regulation adopted
in accordance with section 1139, a formula for determining the
minimum annual amount of funds necessary to sustain each Bureau
funded school. In establishing such formula, the Secretary shall
consider—
‘‘(A) the number of eligible Indian students served and
size 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;
‘‘(iv) maintenance and repair costs associated with the
physical condition of the educational facilities;
‘‘(v) special transportation and other costs of isolated
and small schools;
H. R. 6—473
‘‘(vi) the costs of boarding arrangements, where deter-
mined necessary by a tribal governing body or designated
local school board;
‘‘(vii) costs associated with greater lengths of service
by educational personnel; and
‘‘(viii) special programs for gifted and talented stu-
dents;
‘‘(C) the cost of providing academic services which are
at least equivalent to those provided 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) Upon the establishment of the standards required by sec-
tions 1121 and 1122, the Secretary shall revise the formula estab-
lished under this subsection to reflect the cost and funding stand-
ards so established. Prior to January 1, 1996, the Secretary shall
review the formula established under this section and shall take
such steps as may be necessary to increase the availability of
counseling services for students in off-reservation boarding schools
and other Bureau operated residential facilities. Concurrent with
such action, the Secretary shall review the standards established
under section 1121 to be certain that adequate provision is made
for parental notification regarding, and consent for, such counseling
services.
‘‘(b) Notwithstanding any other provisions of law, Federal funds
appropriated for the general local operation of Bureau funded
schools shall be allotted pro rata in accordance with the formula
established under subsection (a).
‘‘(c)(1) For fiscal year 1990, and for each subsequent fiscal
year, the Secretary shall adjust the formula established under
subsection (a) to—
‘‘(A) use a weighted unit of 1.2 for each eligible 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 having an average daily attend-
ance of 50 eligible Indian students for purposes of implementing
the adjustment factor for small schools; and
‘‘(C) take into account the provision of residential services
on a less than 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.
‘‘(2)(A) The Secretary shall reserve for national school board
training 0.2 percent of the funds appropriated for each fiscal year
for distribution under this section. Such training shall be conducted
through the same organizations through which, and in the same
manner in which, the training was conducted in fiscal year 1992,
except that the contracts for distribution of such funds shall require
that such funds be distributed by the recipient organizations in
a manner that assures the same pro rata share is made available
for training for each school board in the system. If the contract
for such training is not awarded before May 1 of each fiscal year,
the contract under which such training was provided for the fiscal
year preceding such fiscal year shall be renewed by the Secretary
for such fiscal year. The agenda for the training sessions shall