895
of this section needed to carry out this section in a timely
and accurate fashion.
‘‘(b) The Secretary of Education, through the Na-
tional Center for Education Statistics, shall prepare and
submit to Congress the study set forth in subsection (c)
of this section no later than January 20, 1995, and Janu-
ary 20 of each of the next 3 succeeding years. The Sec-
retary of Education shall transmit the report directly and
without substantive amendment to the Secretary of the In-
terior, the Assistant Secretary for Indian Affairs of the
Department of the Interior, and the Committees on Edu-
cation and Labor and Appropriations of the House of Rep-
resentatives and the Committees on Indian Affairs and
Appropriations of the Senate of the United States.
‘‘(c)(1) The National Center for Educational Statis-
tics (hereinafter referred to as the ‘Center’) shall prepare
for each of the fiscal years covered under subsection (a)
of this section a report on the amount needed to achieve
academic and residential programs set forth in this part
for Bureau-funded schools funded under section 1127.
Such study shall be based on (A) the standards developed
and implemented for Bureau-funded schools under section
1121 and 1122 of this part or such other standards as
may apply to Bureau-funded contract schools or schools
funded under the Tribally Controlled Schools Act of 1988,
896
(B) the student count and characteristics of such schools,
as determined pursuant to the formula developed and im-
plemented pursuant to section 1127 of this part for the
preceding academic year, adjusted for any changes in stu-
dent demographics which the Center may project, (C) the
employee statistics with respect to such schools for the
preceding fiscal year, and (D) such other factors as the
Center may set forth, including but not limited to age or
physical condition of the schools and changes in isolation.
‘‘(2) Each study shall include a total projected cost
for attaining the standards set forth under paragraph (1),
and shall presume compliance with those standards. Such
study shall also include a projection of the cost for meeting
such standards for each Bureau-funded school. Such study
shall also include a report on any shortfall in the amount
needed to fund Bureau-funded schools, as determined by
the study conducted pursuant to this section and the ap-
propriations amount requested and enacted for the period
covered by the study.
‘‘(d)(1) Within 24 months of the date of enactment
of this Act, 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.
897
‘‘(2) The Division shall have the capacity to conduct
such studies, surveys, or other activities as are necessary
to gather demographic information on Bureau-funded
schools (current and future) and project the amount nec-
essary to provide Indian students in such schools the edu-
cational program set forth in this part.
‘‘(3) The Division shall prepare projections on such
amounts, along with such other information as the Direc-
tor of the Office shall require, for each fiscal year begin-
ning after October 1, 1996. The Director of the Office
and the Assistant Secretary for Indian Affairs shall use
such reports when preparing their annual budget submis-
sions.
‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
‘‘(a)(1) Within six months after the date of enact-
ment of this Act, the Secretary shall establish, by regula-
tion adopted in accordance with section 1139, a system
for the direct funding and support of all Bureau-funded
schools. Such system shall allot funds, in accordance with
section 1127. Amounts appropriated for distribution
under this section may be made available under paragraph
(2) or under paragraph (3), as provided in the appropria-
tion Act.
‘‘(2)(A) For the purpose of affording adequate notice
of funding available pursuant to the allotments made by
898
section 1127, amounts appropriated in an appropriation
Act for any fiscal year shall become available for obligation
by the affected schools on July 1 of the fiscal year in which
they are appropriated without further action by the Sec-
retary, and shall remain available for obligation through
the succeeding fiscal year.
‘‘(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph—
‘‘(i) publish, on July 1 preceding the fiscal year
for which the funds are appropriated, allotments to
each affected school made under section 1127 of 85
percent of such appropriation; and
‘‘(ii) publish, no later than September 30 of
such preceding fiscal year, the allotments to be made
under section 1127 of the remaining 15 percent of
such appropriation, adjusted to reflect actual stu-
dent attendance.
‘‘(3) Notwithstanding any law or regulation, the su-
pervisor of a Bureau school may expend an aggregate of
no more than $35,000 of the amount allotted the school
under section 1127 to acquire supplies and equipment for
the school without competitive bidding if—
‘‘(A) the cost for any single item purchased
does not exceed $10,000;
899
‘‘(B) the school board approves the procure-
ment;
‘‘(C) the supervisor certifies that the cost is fair
and reasonable;
‘‘(D) the documents relating to the procure-
ment executed by the supervisor or other school staff
cite this paragraph as authority for the procure-
ment; and
‘‘(E) the transaction is documented in a journal
maintained at the school clearly identifying when the
transaction occurred, what was acquired and from
whom, the prices paid, the quantities acquired, and
any other information the supervisor or school board
considers relevant.
The Director shall be responsible for determining the ap-
plication of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
be responsible for the provision of guidelines on the use
of this authority and adequate training on such guidelines.
‘‘(4) If a sequestration order issued under the Bal-
anced 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 allotment under such
section during the preceding fiscal year—
900
‘‘(A) the Secretary may, notwithstanding any
other provision of law, use—
‘‘(i) funds appropriated for the operation
of any Bureau school that is closed or consoli-
dated, and
‘‘(ii) funds appropriated for any program
that has been curtailed at any Bureau school,
to fund allotments made under section 1127, and
‘‘(B) the Secretary may waive the application of
the provisions of section 1121(h) with respect to the
closure or consolidation of a school, or the curtail-
ment of a program at a school, during such fiscal
year if the funds described 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) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans
which shall be prepared by the local school supervisor in
active consultation with the local school board for each
school, and the local school board for each school shall
have the authority to ratify, reject, or amend such finan-
cial plan, and expenditures thereunder, and, on its own
determination or in response to the supervisor of the
school, to revise such financial plan to meet needs not fore-
901
seen at the time of preparation of the financial plan. The
supervisor shall provide the appropriate union representa-
tive of the education employees with copies of proposed
draft financial plans and all amendments or modifications
thereto, at the same time they are submitted to the local
school board. The supervisor of the school may appeal any
such action of the local school board to the appropriate
education officer of the Bureau agency by filing a written
statement describing the action and the reasons the super-
visor believes such action 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 reviewing such
written appeal and response, the appropriate education of-
ficer may, for good cause, overturn the action of the local
school board. The appropriate education 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) 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
902
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 the development
of tribal codes of education from funds appropriated pur-
suant to section 104(a) of such Act.
‘‘(d) In the exercise of its authority under this sec-
tion, a local school board may request technical assistance
and training from the Secretary, and he shall, to the
greatest extent possible, provide such services, and make
appropriate provisions in the budget of the Office for such
services.
‘‘(e)(1) A financial plan under subsection (b) for a
school may include, at the discretion of the local adminis-
trator 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 ac-
tivities related to the prevention of alcohol and substance
abuse. The Assistant Secretary of Indian Affairs shall pro-
vide for the utilization of any such school facility during
any summer in which such utilization is requested.
‘‘(2) Notwithstanding any other provision of law,
funds authorized under the Act of April 16, 1934 (25
U.S.C. 452 et seq.) and the Indian Education Act may
903
be used 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) The Assistant Secretary of Indian Affairs, act-
ing through the Director of the Office of Indian Education
Programs, shall provide technical assistance and coordina-
tion for any program described in paragraph (1) and shall,
to the extent possible, encourage the coordination of such
programs with any other summer programs that might
benefit Indian youth, regardless of the funding source or
administrative entity of any such program.
‘‘(f)(1) From funds allotted to a Bureau school under
section 1127, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of sec-
tion 1121(k)), implement any cooperative agreement en-
tered into between the tribe, the Bureau school board, and
the local public school district which meets the require-
ments of paragraph (2) and involves the school. The tribe,
the Bureau school board, and the local public school dis-
trict shall determine the terms of the agreement. Such
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
904
or regional accrediting entity and would not continue
to be so accredited.
‘‘(B) Support services, including procurement
and facilities maintenance.
‘‘(C) Transportation.
‘‘(2) Each agreement entered into pursuant to the
authority provided in paragraph (1) shall confer a benefit
upon the Bureau school commensurate with the burden
assumed, though this requirement shall not be construed
so as to require equal expenditures or an exchange of simi-
lar services.
‘‘(g) Any other provision of law notwithstanding,
where there is agreement on such action between the su-
perintendent and school board of a B.I.A. 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 said project.
‘‘(h) Notwithstanding any other provision of law,
funds received by Bureau funded schools under this title
shall not be considered Federal funds for purposes of
meeting a match requirement in any Federal program.
‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU-
CATION.
‘‘(a) It shall be the policy of the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
905
facilitate Indian control of Indian affairs in all matters
relating to education.
‘‘(b)(1) All actions under this Act shall be done with
active consultation with tribes.
‘‘(2) The consultation required under paragraph (1)
means a process involving the open discussion and joint
deliberation of all options with respect to potential issues
or changes between the Bureau and all interested parties.
During such discussions and joint deliberations, interested
parties (including, but not limited to, tribes and school of-
ficials) shall be given an opportunity to present issues in-
cluding proposals regarding changes in current practices
or programs which will be considered for future action by
the Bureau. All interested parties shall be given an oppor-
tunity to participate and discuss the options presented or
to present other alternatives, with the views and concerns
of the interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for an-
other 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 written explanation of
any decision made by the Secretary which is not consistent
with the views of the interested parties.
906
‘‘SEC. 1132. EDUCATION PERSONNEL.
‘‘(a)(1) Chapter 51, subchapter III of chapter 53,
and chapter 63 of title 5, United States Code, relating
to leave, pay, and classification, and the sections relating
to the appointment, promotion and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
‘‘(2) Paragraph (1) shall take effect 1 year after the
date of enactment of this Act.
‘‘(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern—
‘‘(1) the establishment of education positions,
‘‘(2) the establishment of qualifications for edu-
cators,
‘‘(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 length of the school year applicable to
education 
positions 
described 
in 
subsection
(n)(1)(A),
907
‘‘(10) the leave system for educators, and
‘‘(11) such other matters as may be appro-
priate.
‘‘(c)(1) In prescribing regulations to govern the quali-
fications of educators, the Secretary shall require—
‘‘(A)(i) that lists of qualified and interviewed
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 education position or who have ap-
plied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
‘‘(ii) that a list of qualified and interviewed ap-
plicants for education positions be maintained in the
Office from among individuals who have applied at
the national level for an education position and who
have expressed interest in working in an education
position anywhere in the United States;
‘‘(B) that a local school board shall have the
authority to waive on a case-by-case basis, any for-
mal 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
908
that subject to subsection (d)(2)(A), a determination
by a school board that such a person be hired shall
be followed by the supervisor; and
‘‘(C) that it shall not be a prerequisite to the
employment of an individual in an education position
at the local level that such individual’s name appear
on the national list maintained pursuant to sub-
section (c)(1)(A)(ii) or that such individual has ap-
plied at the national level for an education position.
‘‘(2) The Secretary may authorize the temporary em-
ployment in an education position of an individual who
has not met the certification standards established pursu-
ant to regulations, if the Secretary determines that failure
to do so would result in that position remaining vacant.
‘‘(d)(1) In prescribing regulations to govern the ap-
pointment of educators, the Secretary shall require—
‘‘(A)(i) that educators employed in a school
(other than the supervisor of the school) shall be
hired by the supervisor of the school unless there are
no qualified applicants available, in which case the
vacant position shall be filed at the national level
from the list maintained pursuant to subsection
(c)(1)(A)(ii);
909
‘‘(ii) each school supervisor shall be hired by
the superintendent for education of the agency office
of the Bureau in which the school is located, and
‘‘(iii) educators employed in an agency office of
the Bureau shall be hired by the superintendent for
education of the agency office;
‘‘(B) that before an individual is employed in
an education position in a school by the supervisor
of a school (or, with respect to the position of super-
visor, by the appropriate agency superintendent for
education), the local school board for the school shall
be consulted, and that subject to subsection (d)(2),
a determination by the school board that such indi-
vidual should or should not be so employed shall be
followed by the supervisor (or with respect to the po-
sition of supervisor, by the agency superintendent
for education); and
‘‘(C) that before an individual may be employed
in an education position at the agency level, the ap-
propriate agency school board shall be consulted,
and that, subject to subsection (d)(3), a determina-
tion by such school board that such individual
should or should not be employed shall be followed
by the agency superintendent for education.
910
‘‘(2)(A) The supervisor of a school may appeal to the
appropriate agency superintendent for education any de-
termination by the local school board for the school that
an individual be employed, or not be employed, in an edu-
cation position in the school (other than that of super-
visor) by filing a written statement describing the deter-
mination and the reasons the supervisor believes such de-
termination should be overturned. A copy of such state-
ment 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 appeal
and response, the superintendent may, for good cause,
overturn the determination of the local school board. The
superintendent 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 determination.
‘‘(B) The superintendent for education 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 filing a written statement
describing the determination and the reasons the super-
visor believes such determination should be overturned. A
copy of such statement shall be submitted to the local
911
school board and such board shall be afforded an oppor-
tunity to respond, in writing, to such appeal. After review-
ing such written appeal and response, the Director may,
for good cause, overturn the determination of the local
school board. The Director shall transmit the determina-
tion of such appeal in the form of a written opinion to
such board and to such superintendent identifying the rea-
sons for overturning such determination.
‘‘(3) The superintendent for education 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 edu-
cation position in such agency office by filing a written
statement describing the determination and the reasons
the supervisor believes such determination should be over-
turned. A copy of such statement shall be submitted to
the agency 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 Di-
rector may, for good cause, overturn the determination of
the agency school board. The Director shall transmit the
determination of such appeal in the form of a written opin-
ion to such board and to such superintendent identifying
the reasons for overturning such determination.
912
‘‘(4) Any individual who applies at the local level for
an education position shall state on such individual’s ap-
plication 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 individ-
ual’s name shall immediately be forwarded to the Sec-
retary, who shall, as soon as possible but in no event in
more than thirty days, ascertain the accuracy of the state-
ment made by such individual pursuant to the first sen-
tence of this subparagraph. 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 had applied at the national level for an edu-
cation position in the Bureau, if the appointment of such
individual at the local level shall be conditional for a period
of ninety days, during which period the Secretary may ap-
point a more qualified individual (as determined by the
Secretary) from the list maintained at the national level
pursuant to subsection (c)(1)(A)(ii) to the position to
which such individual was appointed.
‘‘(5) Except as expressly provided, nothing in this
section shall be construed as conferring upon local school
boards, authority over, or control of, educators.
914
agency office of the Bureau. Upon such an appeal, the
agency superintendent for education may, for good cause
and in writing to the local school board, overturn the de-
termination of the local school board with respect to the
employment of such individual.
‘‘(3) Each local school board for a Bureau school
shall have the right (A) to recommend to the supervisor
of such school that an educator employed in the school
be discharged, and (B) to recommend to the superintend-
ent of education of the appropriate agency office of the
Bureau and to the Director of the Office, that the super-
visor of the school be discharged.
‘‘(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of
any personnel action within the purview of this section re-
specting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with re-
spect to such personnel action, where such a waiver is in
writing deemed to be a necessity by the tribal organiza-
tion, except that this shall in no way relieve the Bureau
of its responsibility to issue timely and adequate an-
nouncements and advertisements concerning any such per-
sonnel action if it is intended to fill a vacancy (no matter
how such vacancy is created).