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‘‘(ii) that a determination by such school
board, as evidenced by school board records, that
such individual should or should not be so em-
ployed shall be instituted by the supervisor (or
with respect to the position of supervisor, by the
superintendent for education of the agency of-
fice);
‘‘(C)(i) that, before an individual is em-
ployed in an education position in an agency or
area office of the Bureau, the appropriate agency
school board shall be consulted; and
‘‘(ii) that a determination by such school
board, as evidenced by school board records, that
such individual should or should not be employed
shall be instituted by the superintendent for edu-
cation of the agency office; and
‘‘(D) that all employment decisions or ac-
tions be in compliance with all applicable Fed-
eral, State and tribal laws.
‘‘(2) INFORMATION REGARDING APPLICATION AT
NATIONAL LEVEL.—
‘‘(A) IN
GENERAL.—Any individual who
applies at the local level for an education posi-
tion shall state on such individual’s application
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whether or not such individual has applied at
the national level for an education position.
‘‘(B) EFFECT
OF
INACCURATE
STATE-
MENT.—If an individual described in subpara-
graph (A) is employed at the local level, such in-
dividual’s name shall be immediately forwarded
to the Secretary by the local employer. The Sec-
retary shall, as soon as practicable but in no
event later than 30 days after the receipt of the
name, ascertain the accuracy of the statement
made by such individual pursuant to subpara-
graph (A). Notwithstanding subsection (g), if the
Secretary finds that the individual’s statement
was false, such individual, at the Secretary’s dis-
cretion, may be disciplined or discharged.
‘‘(C) EFFECT OF APPLICATION AT NATIONAL
LEVEL.—If an individual described in subpara-
graph (A) has applied at the national level for
an education position, the appointment of such
individual at the local level shall be conditional
for a period of 90 days. During that period, the
Secretary may appoint a more qualified indi-
vidual (as determined by the Secretary) from a
list maintained pursuant to subsection (e)(1)(A)
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to the position to which such individual was ap-
pointed.
‘‘(3) STATUTORY CONSTRUCTION.—Except as ex-
pressly provided, nothing in this section shall be con-
strued as conferring upon local school boards author-
ity over, or control of, educators at Bureau funded
schools or the authority to issue management deci-
sions.
‘‘(4) APPEALS.—
‘‘(A) BY SUPERVISOR.—The supervisor of a
school may appeal to the appropriate agency
education line officer any determination by the
local school board for the school that an indi-
vidual be employed, or not be employed, in an
education position in the school (other than that
of supervisor) by filing a written statement de-
scribing the determination and the reasons the
supervisor believes such determination 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 re-
spond, in writing, to such appeal. After review-
ing such written appeal and response, the edu-
cation line officer may, for good cause, overturn
the determination of the local school board. The
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education line officer shall transmit the deter-
mination of such appeal in the form of a written
opinion to such board and to such supervisor
identifying the reasons for overturning such de-
termination.
‘‘(B) BY EDUCATION LINE OFFICER.—The
education line officer of an agency office of the
Bureau may appeal to the Director of the Office
any determination by the local school board for
the school that an individual be employed, or not
be employed, as the supervisor of a school by fil-
ing a written statement describing the deter-
mination and the reasons the supervisor believes
such determination 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 ap-
peal. After reviewing such written appeal and
response, the Director may, for good cause, over-
turn the determination of the local school board.
The Director shall transmit the determination of
such appeal in the form of a written opinion to
such board and to such education line officer
identifying the reasons for overturning such de-
termination.
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‘‘(5) OTHER APPEALS.—The education line offi-
cer of an agency office of the Bureau may appeal to
the Director of the Office any determination by the
agency school board that an individual be employed,
or not be employed, in an education position in such
agency office by filing a written statement describing
the determination and the reasons the supervisor be-
lieves such determination should be overturned. A
copy of such statement shall be submitted to the agen-
cy school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal.
After reviewing such written appeal and response, the
Director may, for good cause, overturn the determina-
tion of the agency school board. The Director shall
transmit the determination of such appeal in the form
of a written opinion to such board and to such edu-
cation line officer identifying the reasons for over-
turning such determination.
‘‘(f) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF
EDUCATORS.—
‘‘(1) REGULATIONS.—In prescribing regulations
to govern the discharge and conditions of employment
of educators, the Secretary shall require—
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‘‘(A) that procedures shall be established for
the rapid and equitable resolution of grievances
of educators;
‘‘(B) that no educator may be discharged
without notice of the reasons for the discharge
and an opportunity for a hearing under proce-
dures that comport with the requirements of due
process; and
‘‘(C) that each educator employed in a Bu-
reau school shall be notified 30 days prior to the
end of an academic year whether the employ-
ment contract of the individual will be renewed
for the following year.
‘‘(2) PROCEDURES FOR DISCHARGE.—
‘‘(A) DETERMINATIONS.—The supervisor of
a Bureau school may discharge (subject to proce-
dures established under paragraph (1)(B)) for
cause (as determined under regulations pre-
scribed by the Secretary) any educator employed
in such school. On giving notice to an educator
of the supervisor’s intention to discharge the edu-
cator, the supervisor shall immediately notify the
local school board of the proposed discharge. A
determination by the local school board that such
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educator shall not be discharged shall be followed
by the supervisor.
‘‘(B) APPEALS.—The supervisor shall have
the right to appeal a determination by a local
school board under subparagraph (A), as evi-
denced by school board records, not to discharge
an educator to the education line officer of the
appropriate agency office of the Bureau. Upon
hearing such an appeal, the agency education
line officer may, for good cause, issue a decision
overturning the determination of the local school
board with respect to the employment of such in-
dividual. The education line officer shall make
the decision in writing and submit the decision
to the local school board.
‘‘(3) RECOMMENDATIONS
OF
SCHOOL
BOARDS
FOR DISCHARGE.—Each local school board for a Bu-
reau school shall have the right—
‘‘(A) to recommend to the supervisor that
an educator employed in the school be dis-
charged; and
‘‘(B) to recommend to the education line of-
ficer of the appropriate agency office of the Bu-
reau and to the Director of the Office, that the
supervisor of the school be discharged.
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‘‘(g) 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 carried out
under this section with respect to an applicant or em-
ployee not entitled to an Indian preference if each
tribal organization concerned grants a written waiver
of the application of such laws with respect to such
personnel action and states that such waiver is nec-
essary. This paragraph shall not be construed to re-
lieve the Bureau’s responsibility to issue timely and
adequate announcements and advertisements con-
cerning any such personnel action if such action is
intended to fill a vacancy (no matter how such va-
cancy is created).
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) INDIAN PREFERENCE LAWS.—The term
‘Indian preference laws’ means section 12 of the
Act of June 18, 1934 (48 Stat. 986, chapter 576)
or any other provision of law granting a pref-
erence to Indians in promotions and other per-
sonnel actions. Such term shall not include sec-
tion 7(b) of the Indian Self-Determination and
Education Assistance Act.
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‘‘(B) TRIBAL
ORGANIZATION.—The term
‘tribal organization’ means—
‘‘(i) the recognized governing body of
any Indian tribe, band, nation, pueblo, or
other organized community, including a
Native village (as defined in section 3(c) of
the Alaska Native Claims Settlement Act);
or
‘‘(ii) in connection with any personnel
action referred to in this subsection, any
local school board to which the governing
body has delegated the authority to grant a
waiver under this subsection with respect to
a personnel action.
‘‘(h) COMPENSATION OR ANNUAL SALARY.—
‘‘(1) IN GENERAL.—
‘‘(A) COMPENSATION FOR EDUCATORS AND
EDUCATION
POSITIONS.—Except as otherwise
provided in this section, the Secretary shall es-
tablish the compensation or annual salary rate
for educators and education positions—
‘‘(i) at rates in effect under the General
Schedule for individuals with comparable
qualifications, and holding comparable po-
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sitions, to whom chapter 51 of title 5,
United States Code, is applicable; or
‘‘(ii) on the basis of the Federal Wage
System schedule in effect for the locality in-
volved, and for the comparable positions, at
the rates of compensation in effect for the
senior executive service.
‘‘(B) 
COMPENSATION
OR
SALARY
FOR
TEACHERS
AND
COUNSELORS.—The Secretary
shall establish the rate of compensation, or an-
nual salary rate, for the positions of teachers
and counselors (including dormitory counselors
and home-living counselors) at the rate of com-
pensation applicable (on the date of enactment of
the Native American Education Improvement
Act of 2001 and thereafter) for comparable posi-
tions in the overseas schools under the Defense
Department Overseas Teachers Pay and Per-
sonnel Practices Act. The Secretary shall allow
the local school boards involved authority to im-
plement only the aspects of the Defense Depart-
ment Overseas Teachers Pay and Personnel
Practices Act pay provisions that are considered
essential for recruitment and retention of teach-
ers and counselors. Implementation of such pro-
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visions shall not be construed to require the im-
plementation of that entire Act.
‘‘(C) RATES FOR NEW HIRES.—
‘‘(i) IN GENERAL.—Beginning with the
first fiscal year following the date of enact-
ment of the Native American Education
Improvement Act of 2001, each local school
board of a Bureau school may establish a
rate of compensation or annual salary rate
described in clause (ii) for teachers and
counselors (including academic counselors)
who are new hires at the school and who
had not worked at the school, as of the first
day of such fiscal year.
‘‘(ii) CONSISTENT
RATES.—The rates
established under clause (i) shall be con-
sistent with the rates paid for individuals
in the same positions, with the same tenure
and training, as the teachers and coun-
selors, in any other school within whose
boundaries the Bureau school is located.
‘‘(iii) DECREASES.—In an instance in
which the establishment of rates under
clause (i) causes a reduction in compensa-
tion at a school from the rate of compensa-
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tion that was in effect for the first fiscal
year following the date of enactment of the
Native American Education Improvement
Act of 2001, the new rates of compensation
may be applied to the compensation of em-
ployees of the school who worked at the
school as of such date of enactment by ap-
plying those rates at each contract renewal
for the employees so that the reduction takes
effect in 3 equal installments.
‘‘(iv) INCREASES.—In an instance in
which the establishment of such rates at a
school causes an increase in compensation
from the rate of compensation that was in
effect for the first fiscal year following the
date of enactment of the Native American
Education Improvement Act of 2001, the
school board may apply the new rates at the
next contract renewal so that either—
‘‘(I) the entire increase occurs on
1 date; or
‘‘(II) the increase takes effect in 3
equal installments.
‘‘(D) ESTABLISHED REGULATIONS, PROCE-
DURES, AND ARRANGEMENTS.—
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‘‘(i) 
PROMOTIONS
AND
ADVANCE-
MENTS.—The establishment of rates of com-
pensation and annual salary rates under
subparagraphs (B) and (C) shall not pre-
clude the use of regulations and procedures
used by the Bureau prior to April 28, 1988,
in making determinations regarding pro-
motions and advancements through levels of
pay that are based on the merit, education,
experience, or tenure of an educator.
‘‘(ii) CONTINUED
EMPLOYMENT
OR
COMPENSATION.—The establishment of rates
of compensation and annual salary rates
under subparagraphs (B) and (C) shall not
affect the continued employment or com-
pensation of an educator who was employed
in an education position on October 31,
1979, and who did not make an election
under subsection (o), as in effect on Janu-
ary 1, 1990.
‘‘(2) POST DIFFERENTIAL RATES.—
‘‘(A) IN GENERAL.—The Secretary may pay
a post differential rate not to exceed 25 percent
of the rate of compensation, for educators or edu-
cation positions, on the basis of conditions of en-
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vironment or work that warrant additional pay,
as a recruitment and retention incentive.
‘‘(B) SUPERVISOR’S AUTHORITY.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii) on the request of the super-
visor and the local school board of a Bureau
school, the Secretary shall grant the super-
visor of the school authorization to provide
1 or more post differential rates under sub-
paragraph (A).
‘‘(ii) EXCEPTION.—The Secretary shall
disapprove, or approve with a modification,
a request for authorization to provide a post
differential rate if the Secretary determines
for clear and convincing reasons (and ad-
vises the board in writing of those reasons)
that the rate should be disapproved or de-
creased because the disparity of compensa-
tion between the appropriate educators or
positions in the Bureau school, and the
comparable educators or positions at the
nearest public school, is—
‘‘(I)(aa) at least 5 percent; or
‘‘(bb) less than 5 percent; and
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‘‘(II) does not affect the recruit-
ment or retention of employees at the
school.
‘‘(iii) APPROVAL OF REQUESTS.—A re-
quest made under clause (i) shall be consid-
ered to be approved at the end of the 60th
day after the request is received in the Cen-
tral Office of the Bureau unless before that
time the request is approved, approved with
a modification, or disapproved by the Sec-
retary.
‘‘(iv) DISCONTINUATION
OF
OR
DE-
CREASE IN RATES.—The Secretary or the
supervisor of a Bureau school may dis-
continue or decrease a post differential rate
provided for under this paragraph at the
beginning of an academic year if—
‘‘(I) the local school board requests
that such differential be discontinued
or decreased; or
‘‘(II) the Secretary or the super-
visor, respectively, determines for clear
and convincing reasons (and advises
the board in writing of those reasons)
that there is no disparity of compensa-
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tion that would affect the recruitment
or retention of employees at the school
after the differential is discontinued or
decreased.
‘‘(v) REPORTS.—On or before February
1 of each year, the Secretary shall submit to
Congress a report describing the requests
and approvals of authorization made under
this paragraph during the previous year
and listing the positions receiving post dif-
ferential rates under contracts entered into
under those authorizations.
‘‘(i) LIQUIDATION OF REMAINING LEAVE UPON TER-
MINATION.—Upon termination of employment with the Bu-
reau, any annual leave remaining to the credit of an indi-
vidual 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 regulations prescribed pursuant to subsection (c)(9)
shall not be so liquidated.
‘‘(j) TRANSFER OF REMAINING LEAVE UPON TRANS-
FER, PROMOTION, OR REEMPLOYMENT.—In the case of any
educator who—
‘‘(1) is transferred, promoted, or reappointed,
without a break in service, to a position in the Fed-
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eral Government under a different leave system than
the system for leave described in subsection (c)(9);
and
‘‘(2) earned or was credited with leave under the
regulations prescribed under subsection (c)(9) and has
such leave remaining to the credit of such educator;
such leave shall be transferred to such educator’s credit in
the employing agency for the position on an adjusted basis
in accordance with regulations that shall be prescribed by
the Director of the Office of Personnel Management.
‘‘(k) INELIGIBILITY
FOR EMPLOYMENT
OF VOLUN-
TARILY TERMINATED EDUCATORS.—An educator who vol-
untarily terminates employment under an employment con-
tract with the Bureau before the expiration of the employ-
ment contract shall not be eligible to be employed in another
education position in the Bureau during the remainder of
the term of such contract.
‘‘(l) DUAL COMPENSATION.—In the case of any educa-
tor employed in an education position described in sub-
section (a)(1)(A) who—
‘‘(1) is employed at the end of an academic year;
‘‘(2) agrees in writing to serve in such position
for the next academic year; and
‘‘(3) is employed in another position during the
recess period immediately preceding such next aca-
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demic year, or during such recess period receives ad-
ditional compensation referred to in section 5533 of
title 5, United States Code, relating to dual com-
pensation;
such section 5533 shall not apply to such educator by reason
of any such employment during the recess period with re-
spect to any receipt of additional compensation.
‘‘(m) VOLUNTARY SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Secretary
may, subject to the approval of the local school boards con-
cerned, accept voluntary services on behalf of Bureau
schools. Nothing in this part shall be construed to require
Federal employees to work without compensation or to
allow the use of volunteer services to displace or replace Fed-
eral employees. An individual providing volunteer services
under this section shall be considered to be a Federal em-
ployee only for purposes of chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States
Code.
‘‘(n) PRORATION OF PAY.—
‘‘(1) ELECTION OF EMPLOYEE.—Notwithstanding
any other provision of law, including laws relating to
dual compensation, the Secretary, at the election of
an educator, shall prorate the salary of the educator
for an academic year over a 12-month period. Each
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educator employed for the academic year shall annu-
ally elect to be paid on a 12-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 as-
sisted programs, because of such election.
‘‘(2) CHANGE OF ELECTION.—During the course
of such academic year, the employee may change the
election made under paragraph (1) once.
‘‘(3) LUMP-SUM PAYMENT.—That portion of the
employee’s pay that would be paid between academic
years may be paid in a lump sum at the election of
the employee.
‘‘(4) APPLICATION.—This subsection applies to
educators, whether employed under this section or
title 5, United States Code.
‘‘(o) EXTRACURRICULAR ACTIVITIES.—
‘‘(1) STIPEND.—Notwithstanding any other pro-
vision of law, the Secretary may provide, for Bureau
employees in each Bureau area, a stipend in lieu of
overtime premium pay or compensatory time off for
overtime work. Any employee of the Bureau who per-
forms overtime work that consists of additional activi-
ties to provide services to students or otherwise sup-
port the school’s academic and social programs may
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elect to be compensated for all such work on the basis
of the stipend. Such stipend shall be paid as a supple-
ment 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 appropriate
provisions of title 5, United States Code, shall apply
with respect to the work involved.
‘‘(3) APPLICATION.—This subsection applies to
Bureau employees, whether employed under this sec-
tion or title 5, United States Code.
‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section
shall apply with respect to any educator hired after Novem-
ber 1, 1979 (and to any educator who elected to be covered
under this section or a corresponding provision after No-
vember 1, 1979) and to the position in which such educator
is employed. The enactment of this section shall not affect
the continued 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.
‘‘(q) FURLOUGH WITHOUT CONSENT.—
‘‘(1) IN GENERAL.—An educator who was em-
ployed in an education position on October 31, 1979,
who was eligible to make an election under subsection
(p) at that time, and who did not make the election
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under such subsection, may not be placed on furlough
(within the meaning of section 7511(a)(5) of title 5,
United States Code, without the consent of such edu-
cator for an aggregate of more than 4 weeks within
the same calendar year, unless—
‘‘(A) the supervisor, with the approval of
the local school board (or of the education line of-
ficer upon appeal under paragraph (2)), of the
Bureau school at which such educator provides
services determines that a longer period of fur-
lough is necessary due to an insufficient amount
of funds available for personnel compensation at
such school, as determined under the financial
plan process as determined under section
1129(b); and
‘‘(B) all educators (other than principals
and clerical employees) providing services at
such Bureau school are placed on furloughs of
equal length, except that the supervisor, with the
approval of the local school board (or of the
agency education line officer upon appeal under
paragraph (2)), may continue 1 or more edu-
cators in pay status if—
‘‘(i) such educators are needed to oper-
ate summer programs, attend summer
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training sessions, or participate in special
activities including curriculum development
committees; and
‘‘(ii) such educators are selected based
upon such educator’s qualifications after
public notice of the minimum qualifications
reasonably necessary and without discrimi-
nation as to supervisory, nonsupervisory, or
other status of the educators who apply.
‘‘(2) APPEALS.—The supervisor of a Bureau
school may appeal to the appropriate agency edu-
cation line officer any refusal by the local school
board to approve any determination of the supervisor
that is described in paragraph (1)(A) by filing a
written statement describing the determination and
the reasons the supervisor believes such determination
should be approved. A copy of such statement shall be
submitted to the local school board and such board
shall be afforded an opportunity to respond, in writ-
ing, to such appeal. After reviewing such written ap-
peal and response, the education line officer may, for
good cause, approve the determination of the super-
visor. The educational line officer shall transmit the
determination of such appeal in the form of a written
opinion to such local school board and to the super-
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visor identifying the reasons for approving such deter-
mination.
‘‘(r) STIPENDS.—The Secretary is authorized to pro-
vide annual stipends to teachers who become certified by
the National Board of Professional Teaching Standards.
‘‘SEC. 1132. COMPUTERIZED MANAGEMENT INFORMATION
SYSTEM.
‘‘(a) IN GENERAL.—Not later than 12 months after the
date of enactment of the Native American Education Im-
provement Act of 2001, the Secretary shall update the com-
puterized management information system within the Of-
fice. The information to be updated shall include informa-
tion regarding—
‘‘(1) student enrollment;
‘‘(2) curricula;
‘‘(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 discrete elements;
‘‘(8) relevant reports;
‘‘(9) personnel records;
‘‘(10) finance and payroll; and
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‘‘(11) such other items as the Secretary deter-
mines to be appropriate.
‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than
July 1 2003, the Secretary shall complete the implementa-
tion of the updated computerized management information
system at each Bureau field office and Bureau funded
school.
‘‘SEC. 1133. 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 provisions for opportunities for acquiring work ex-
perience prior to receiving an actual work assignment.
‘‘SEC. 1134. ANNUAL REPORT; AUDITS.
‘‘(a) ANNUAL REPORTS.—The Secretary shall submit
to each appropriate committee of Congress, all Bureau
funded schools, and the tribal governing bodies of such
schools, a detailed annual report on the state of education
within the Bureau and any problems encountered in Indian
education during the period covered by the report. Such re-
port shall contain suggestions for the improvement of the
Bureau educational system and for increasing tribal or
local Indian control of such system. Such report shall also
include information on the status of tribally controlled com-
munity colleges.
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‘‘(b) BUDGET REQUEST.—The annual budget request
for the Bureau’s education programs, as submitted as part
of the President’s next annual budget request under section
1105 of title 31, United States Code shall include the plans
required by sections 1121(c), 1122(c), and 1124(c).
‘‘(c) FINANCIAL AND COMPLIANCE AUDITS.—The In-
spector General of the Department of the Interior shall es-
tablish a system to ensure that financial and compliance
audits are conducted for each Bureau school at least once
in every 3 years. Such an audit of a Bureau school shall
examine the extent to which such school has complied with
the local financial plan prepared by the school under section
1129(b).
‘‘(d) ADMINISTRATIVE EVALUATION OF SCHOOLS.—
The Director shall, at least once every 3 to 5 years, conduct
a comprehensive evaluation of Bureau operated schools.
Such evaluation shall be in addition to any other program
review or evaluation that may be required under Federal
law.
‘‘SEC. 1135. RIGHTS OF INDIAN STUDENTS.
‘‘The Secretary shall prescribe such rules and regula-
tions as may be necessary to ensure the protection of 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’
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right to freedom of religion and expression, and such stu-
dents’ right to due process in connection with disciplinary
actions, suspensions, and expulsions.
‘‘SEC. 1136. REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary may issue only
such regulations as may be necessary to ensure compliance
with the specific provisions of this part and only such regu-
lations as the Secretary is authorized to issue pursuant to
section 5211 of the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2510). In issuing the regulations, the Secretary
shall publish proposed regulations in the Federal Register,
and shall provide a period of not less than 120 days for
public comment and consultation on the regulations. The
regulations shall contain, immediately following each regu-
latory section, a citation to any statutory provision pro-
viding authority to issue such regulatory section.
‘‘(b) REGIONAL MEETINGS.—Prior to publishing any
proposed regulations under subsection (a) and prior to es-
tablishing the negotiated rulemaking committee under sub-
section (c), the Secretary shall convene regional meetings
to consult with personnel of the Office of Indian Education
Programs, educators at Bureau schools, and tribal officials,
parents, teachers, administrators, and school board mem-
bers of tribes served by Bureau funded schools to provide
guidance to the Secretary on the content of regulations au-
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thorized to be issued under this part and the Tribally Con-
trolled Schools Act of 1988.
‘‘(c) NEGOTIATED RULEMAKING.—
‘‘(1) IN
GENERAL.—Notwithstanding sections
563(a) and 565(a) of title 5, United States Code, the
Secretary shall promulgate regulations authorized
under subsection (a) and under the Tribally Con-
trolled Schools Act of 1988, in accordance with the
negotiated rulemaking procedures provided for under
subchapter III of chapter 5 of title 5, United States
Code, and shall publish final regulations in the Fed-
eral Register.
‘‘(2) EXPIRATION OF AUTHORITY.—The author-
ity of the Secretary to promulgate regulations under
this part and under the Tribally Controlled Schools
Act of 1988, shall expire on the date that is 18
months after the date of enactment of this part. If the
Secretary determines that an extension of the deadline
under this paragraph is appropriate, the Secretary
may submit proposed legislation to Congress for an
extension of such deadline.
‘‘(3) RULEMAKING COMMITTEE.—The Secretary
shall establish a negotiated rulemaking committee to
carry out this subsection. In establishing such com-
mittee, the Secretary shall—
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‘‘(A) apply the procedures provided for
under subchapter III of chapter 5 of title 5,
United States Code, in a manner that reflects the
unique government-to-government relationship
between Indian tribes and the United States;
‘‘(B) ensure that the membership of the
committee includes only representatives of the
Federal Government and of tribes served by Bu-
reau-funded schools;
‘‘(C) select the tribal representatives of the
committee from among individuals nominated
by the representatives of the tribal and tribally-
operated schools;
‘‘(D) ensure, to the maximum extent pos-
sible, that the tribal representative membership
on the committee reflects the proportionate share
of students from tribes served by the Bureau
funded school system; and
‘‘(E) comply with the Federal Advisory
Committee Act (5 U.S.C. App. 2).
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated such sums as
necessary to carry out the negotiated rulemaking pro-
vided for under this section. In the absence of a spe-
cific appropriation to carry out this subsection, the
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Secretary shall pay the costs of the negotiated rule-
making proceedings from the general administrative
funds of the Department of the Interior.
‘‘(d) APPLICATION OF SECTION.—
‘‘(1) SUPREMACY
OF
PROVISIONS.—The provi-
sions of this section shall supersede any conflicting
provisions of law (including any conflicting regula-
tions) in effect on the day before the date of enactment
of this part, and the Secretary may repeal any regu-
lation that is inconsistent with the provisions of this
part.
‘‘(2) MODIFICATIONS.—The Secretary may mod-
ify regulations promulgated under this section or the
Tribally Controlled Schools Act of 1988, only in ac-
cordance with this section.
‘‘SEC. 1137. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) GRANTS.—The Secretary shall make grants to
tribes, tribal organizations, and consortia of tribes and trib-
al organizations to fund early childhood development pro-
grams that are operated by such tribes, organizations, or
consortia.
‘‘(b) AMOUNT OF GRANTS.—
‘‘(1) IN
GENERAL.—The amount of the grant
made under subsection (a) to each eligible tribe, tribal
organization, or consortium of tribes or tribal organi-
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zations for each fiscal year shall be equal to the
amount that bears the same relationship to the total
amount appropriated under subsection (g) for such
fiscal year (other than amounts reserved under sub-
section (f)) as—
‘‘(A) the total number of children under age
6 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) so authorizes any tribal or-
ganization that is a member of such
consortium; bears to
‘‘(B) the total number of all children under
age 6 who are members of any tribe that—
‘‘(i) is eligible to receive funds under
subsection (a);
‘‘(ii) is a member of a consortium that
is eligible to receive such funds; or
‘‘(iii) is authorized by any tribal orga-
nization that is eligible to receive such
funds.
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‘‘(2) LIMITATION.—No grant may be made under
subsection (a)—
‘‘(A) to any tribe that has fewer than 500
members;
‘‘(B) to any tribal organization that is au-
thorized to act—
‘‘(i) on behalf of only 1 tribe that has
fewer than 500 members; or
‘‘(ii) on behalf of 1 or more tribes that
have a combined total membership of fewer
than 500 members; or
‘‘(C) to any consortium composed of tribes,
or tribal organizations authorized by tribes to
act on behalf of the tribes, that have a combined
total tribal membership of fewer than 500 mem-
bers.
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant under subsection (a), a tribe, tribal organiza-
tion, or consortium shall submit to the Secretary an
application for the grant at such time, in such man-
ner, and containing such information as the Sec-
retary shall prescribe.
‘‘(2) 
CONTENTS.—An 
application 
submitted
under paragraph (1) shall describe the early child-
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hood development program that the applicant desires
to operate.
‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—In op-
erating an early childhood development program that is
funded through a grant made under subsection (a), a tribe,
tribal organization, or consortium—
‘‘(1) shall coordinate the program with other
childhood development programs and may provide
services that meet identified needs of parents, and
children under age 6, that are not being met by the
programs, including needs for—
‘‘(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, in the early childhood develop-
ment program funded through the grant, instruction
in the language, art, and culture of the tribe served
by the program; and
‘‘(3) shall provide for periodic assessments of the
program.
‘‘(e) COORDINATION
OF
FAMILY
LITERACY
PRO-
GRAMS.—An entity that operates a family literacy program
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under this section or another similar program funded by
the Bureau shall coordinate the program involved with fam-
ily literacy programs for Indian children carried out under
part B of title I of the Elementary and Secondary Edu-
cation Act of 1965 in order to avoid duplication and to
encourage the dissemination of information on quality fam-
ily literacy programs serving Indians.
‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall re-
serve funds appropriated under subsection (g) to include in
each grant made under subsection (a) an amount for ad-
ministrative costs incurred by the tribe, tribal organization,
or consortium involved in establishing and maintaining the
early childhood development program.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for each
of fiscal years 2002, 2003, 2004, 2005, and 2006.
‘‘SEC. 1138. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU-
CATION.
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary shall make grants and provide
technical assistance to tribes for the development and oper-
ation of tribal departments or divisions of education for the
purpose of planning and coordinating all educational pro-
grams of the tribe.
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‘‘(b) APPLICATIONS.—For a tribe to be eligible to re-
ceive a grant under this section, the governing body of the
tribe shall submit an application to the Secretary at such
time, in such manner, and containing such information as
the Secretary may require.
‘‘(c) DIVERSITY.—The Secretary shall award grants
under this section in a manner that fosters geographic and
population diversity.
‘‘(d) USE.—Tribes that receive grants under this sec-
tion shall use the funds made available through the
grants—
‘‘(1) to facilitate tribal control in all matters re-
lating to the education of Indian children on reserva-
tions (and on former Indian reservations in Okla-
homa);
‘‘(2) to provide for the development of coordi-
nated educational programs (including all preschool,
elementary, secondary, and higher or vocational edu-
cational programs funded by tribal, Federal, or other
sources) on reservations (and on former Indian res-
ervations in Oklahoma) by encouraging tribal admin-
istrative support of all Bureau funded educational
programs as well as encouraging tribal cooperation
and coordination with entities carrying out all edu-
cational programs receiving financial support from
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other Federal agencies, State agencies, or private enti-
ties; and
‘‘(3) to provide for the development and enforce-
ment of tribal educational codes, including tribal edu-
cational policies and tribal standards applicable to
curriculum, personnel, students, facilities, and sup-
port programs.
‘‘(e) PRIORITIES.—In making grants under this sec-
tion, the Secretary shall give priority to any application
that—
‘‘(1) includes—
‘‘(A) assurances that the applicant serves 3
or more separate Bureau funded schools; and
‘‘(B) assurances from the applicant that the
tribal department of education to be funded
under this section will provide coordinating serv-
ices and technical assistance to all of such
schools; and
‘‘(2) includes assurances that all education pro-
grams for which funds are provided by such a con-
tract or grant will be monitored and audited, by or
through the tribal department of education, to ensure
that the programs meet the requirements of law; and
‘‘(3) provides a plan and schedule that—
‘‘(A) provides for—
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‘‘(i) the assumption, by the tribal de-
partment of education, of all assets and
functions of the Bureau agency office associ-
ated with the tribe, to the extent the assets
and functions relate to education; and
‘‘(ii) the termination by the Bureau of
such functions and office at the time of such
assumption; and
‘‘(B) provides that the assumption shall
occur over the term of the grant made under this
section, except that, when mutually agreeable to
the tribal governing body and the Assistant Sec-
retary, the period in which such assumption is
to occur may be modified, reduced, or extended
after the initial year of the grant.
‘‘(e) TIME PERIOD OF GRANT.—Subject to the avail-
ability of appropriated funds, a grant provided under this
section shall be provided for a period of 3 years. If the per-
formance of the grant recipient is satisfactory to the Sec-
retary, the grant may be renewed for additional 3-year
terms.
‘‘(f) TERMS, CONDITIONS, OR REQUIREMENTS.—A
tribe that receives a grant under this section shall comply
with regulations relating to grants made under section
103(a) of the Indian Self-Determination and Education As-