379
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
380
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
381
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;
382
‘‘(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-
383
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
384
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-
385
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
386
‘‘(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-
387
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
388
the school year whether their employment con-
tract will be renewed for the following year.
‘‘(2) PROCEDURES FOR DISCHARGE.—The su-
pervisor of a Bureau school may discharge (subject
to procedures established under paragraph (1)(B))
for cause (as determined under regulations pre-
scribed by the Secretary) any educator employed in
such school. Upon giving notice of proposed dis-
charge to an educator, the supervisor involved shall
immediately notify the local school board for the
school of such action. A determination by the local
school board that such educator shall not be dis-
charged shall be followed by the supervisor. The su-
pervisor shall have the right to appeal such action
to the education line officer of the appropriate agen-
cy office of the Bureau. Upon such an appeal, the
agency education line officer may, for good cause
and in writing to the local school board, overturn the
determination of the local school board with respect
to the employment of such individual.
‘‘(3) RECOMMENDATIONS OF SCHOOL BOARDS
FOR DISCHARGE.—Each local school board for a Bu-
reau school shall have the right—
389
‘‘(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—
390
‘‘(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
391
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
392
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.
393
‘‘(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
394
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
395
‘‘(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-
396
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
397
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-
398
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
399
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;
400
‘‘(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)
401
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
402
‘‘(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-
403
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
404
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
405
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.
406
‘‘(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-
407
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
408
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.—
409
‘‘(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);
410
‘‘(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
411
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
412
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.
413
‘‘(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
414
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
415
‘‘(ii) the distribution of all funds re-
ceived under the unified application will be
equal to the amount of funds provided by
the applicable agency to which each of
such schools is entitled under law;
‘‘(B) includes assurances from the tribal
governing body that the tribal department of
education funded under this section will admin-
ister all contracts or grants (except those cov-
ered by the other provisions of this title and the
Tribally Controlled Community College Assist-
ance Act of 1978) for education programs ad-
ministered by the tribe and will coordinate all
of the programs to the greatest extent possible;
‘‘(C) includes assurances for the moni-
toring and auditing by or through the tribal de-
partment of education of all education pro-
grams for which funds are provided by contract
or grant to ensure that the programs meet the
requirements of law; and
‘‘(D) provides a plan and schedule for—
‘‘(i) the assumption over the term of
the grant by the tribal department of edu-
cation of all assets and functions of the
Bureau agency office associated with the
432
‘‘(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