536
of tuition charged such holder, such amounts as the Sec-
retary may determine to be necessary to cover the cost
of education provided the holder of such a fellowship.
‘‘(d) SPECIAL RULES.—
‘‘(1) The Secretary may, if a fellowship award-
ed under subsection (a) is vacated prior to the end
of the period for which it was awarded, award an
additional fellowship for the remainder of such pe-
riod.
‘‘(2) By no later than the date that is 45 days
before the commencement of an academic term, the
Secretary shall provide to each individual who is
awarded a fellowship under subsection (a) for such
academic term written notice of the amount of such
fellowship and of any stipends or other payments
that will be made under this section to, or for the
benefit of, such individual for such academic term.
‘‘(3) Not more than 10 percent of the fellow-
ships awarded under subsection (a) shall be award-
ed, on a priority basis, to persons receiving training
in guidance counseling with a specialty in the area
of alcohol and substance abuse counseling and edu-
cation.
‘‘(e) SERVICE OBLIGATION.—The Secretary shall, by
regulation, require that individuals who receive financial
537
assistance under this section perform related work which
benefits Indian people or repay all or a prorated part of
the support received. The Secretary shall establish by reg-
ulation a mechanism for having the recipient provide in-
formation of compliance with this requirement beginning
within 12 months of the completion of training received.
‘‘SEC. 6204. GIFTED AND TALENTED.
‘‘(a) ESTABLISHMENT OF CENTERS.—The Secretary
shall establish 2 centers for gifted and talented Indian stu-
dents at tribally controlled community colleges.
‘‘(b) DEMONSTRATION PROJECTS.—
‘‘(1) The Secretary shall award separate grants
to, or enter into contracts with—
‘‘(A) 2 tribally controlled community col-
leges that—
‘‘(i) are eligible for funding under the
Tribally Controlled Community College As-
sistance Act of 1978, and
‘‘(ii) are fully accredited, or
‘‘(B) if acceptable applications are not sub-
mitted to the Secretary by 2 of such colleges,
the American Indian Higher Education Consor-
tium,
for the establishment of centers under subsection (a)
and for demonstration projects designed to address
538
the special needs of Indian students in elementary
and secondary schools who are gifted and talented
and to provide such support services to their families
that are needed to enable the students to benefit
from the project.
‘‘(2) Any person to whom a grant is made, or
with whom a contract is entered into, under para-
graph (1) may enter into a contract with any other
persons, including the Children’s Television Work-
shop, for the purpose of carrying out the demonstra-
tion projects for which such grant was awarded or
for which the contract was entered into by the Sec-
retary.
‘‘(3) Demonstration projects funded under this
section may include—
‘‘(A) the identification of the special needs
of gifted and talented students, particularly at
the elementary school level, with attention to
the emotional and psychosocial needs of these
students and to the provision of those support
services to their families that are needed to en-
able these students to benefit from the project;
‘‘(B) 
the 
conduct 
of 
educational,
psychosocial, and developmental activities which
hold reasonable promise of resulting in substan-
539
tial progress toward meeting the educational
needs of such gifted and talented children, in-
cluding, but not limited to, demonstrating and
exploring the use of Indian languages and expo-
sure 
to 
Indian 
cultural 
traditions, 
and
mentoring and apprenticeship programs;
‘‘(C) the provision of technical assistance
and the coordination of activities at schools
which receive grants under subsection (c) with
respect to the activities funded by such grants,
the evaluation of programs at such schools
funded by such grants, or the dissemination of
such evaluations;
‘‘(D) the use of public television in meeting
the special educational needs of such gifted and
talented children;
‘‘(E) leadership programs designed to rep-
licate programs for such children throughout
the United States, including the dissemination
of information derived from the demonstration
projects conducted under this section; and
‘‘(F) appropriate research, evaluation, and
related activities pertaining to the needs of such
children and to the provision of such support
540
services to their families that are needed to en-
able such children to benefit from the project.
‘‘(c) ADDITIONAL GRANTS.—
‘‘(1) The Secretary, in consultation with the
Secretary of the Interior, shall provide 5 grants to
schools that are Bureau funded schools for program
research and development regarding, and the devel-
opment and dissemination of curriculum and teacher
training material regarding—
‘‘(A) gifted and talented students,
‘‘(B) college preparatory studies (including
programs for Indian students interested in
teaching careers),
‘‘(C) students with special culturally relat-
ed academic needs, including social, lingual, and
cultural needs, and
‘‘(D) math and science education.
‘‘(2) Applications for the grants provided under
paragraph (1) shall be submitted to the Secretary in
such form and at such time as the Secretary may
prescribe. Applications for such grants by Bureau
schools, and the administration of any of such
grants made to a Bureau school, shall be undertaken
jointly by the supervisor of the Bureau school and
the local school board.
541
‘‘(3) Grants may be provided under paragraph
(1) for one or more activities described in paragraph
(1).
‘‘(4) In providing grants under paragraph (1),
the Secretary shall—
‘‘(A) achieve a mixture of programs de-
scribed in paragraph (1) which ensures that
students at all grade levels and in all geo-
graphic areas of the United States are able to
participate in some programs funded by grants
provided under this subsection, and
‘‘(B) ensure that a definition of the term
‘gifted and talented student’ for purposes of
this section and section 1128(c)(3)(A)(i) of the
Education Amendments of 1978 is developed as
soon as possible.
‘‘(5) Subject to the availability of appropriated
funds, grants provided under paragraph (1) shall be
made for a 3-year period and may be renewed by the
Secretary for additional 3-year periods if perform-
ance by the grantee is satisfactory to the Secretary.
‘‘(6)(A) The dissemination of any materials de-
veloped from activities funded by grants provided
under paragraph (1) shall be carried out in coopera-
542
tion with institutions receiving funds under sub-
section (b).
‘‘(B) The Secretary shall report to the Sec-
retary of the Interior and to the Congress any re-
sults from activities described in paragraph (4)(B).
‘‘(7)(A) The costs of evaluating any activities
funded by grants made under paragraph (1) shall be
divided between the school conducting such activities
and the demonstration project recipients under sub-
section (b).
‘‘(B) If no funds are provided under subsection
(b) for—
‘‘(i) the evaluation of activities funded by
grants made under paragraph (1),
‘‘(ii) technical assistance and coordination
with respect to such activities, or
‘‘(iii) dissemination of such evaluations,
the Secretary shall, by grant or through contract,
provide for such evaluations, technical assistance, co-
ordination, and dissemination.
‘‘(d) INFORMATION NETWORK.—The Secretary shall
encourage persons to whom a grant is made, or with whom
a contract is entered into, under this section to work coop-
eratively as a national network so that the information de-
543
veloped by such persons is readily available to the entire
educational community.
‘‘PART C—SPECIAL PROGRAMS RELATING TO
ADULT EDUCATION FOR INDIANS
‘‘SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR ADULT INDIANS.
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program of awarding grants to State and local educational
agencies and to Indian tribes, institutions, and organiza-
tions—
‘‘(1) to support planning, pilot, and demonstra-
tion projects which are designed to test and dem-
onstrate the effectiveness of programs for improving
employment and educational opportunities for adult
Indians;
‘‘(2) to assist in the establishment and oper-
ation of programs which are designed to stimulate—
‘‘(A) the provision of basic literacy oppor-
tunities to all nonliterate Indian adults, and
‘‘(B) the provision of opportunities to all
Indian adults to qualify for a high school
equivalency certificate in the shortest period of
time feasible;
‘‘(3) to support a major research and develop-
ment program to develop more innovative and effec-
544
tive techniques for achieving the literacy and high
school equivalency goals;
‘‘(4) to provide for basic surveys and evalua-
tions to define accurately the extent of the problems
of illiteracy and lack of high school completion
among Indians; and
‘‘(5) to encourage the dissemination of informa-
tion and materials relating to, and the evaluation of
the effectiveness of, education programs which may
offer educational opportunities to Indian adults.
‘‘(b) EDUCATIONAL SERVICES.—The Secretary is au-
thorized to make grants to Indian tribes, Indian institu-
tions, and Indian organizations to develop and establish
educational services and programs specifically designed to
improve educational opportunities for Indian adults.
‘‘(c) INFORMATION
AND EVALUATION.—The Sec-
retary is also authorized to make grants to, and to enter
into contracts with, public agencies and institutions and
Indian tribes, institutions, and organizations for—
‘‘(1) the dissemination of information concern-
ing educational programs, services, and resources
available to Indian adults, including evaluations
thereof; and
‘‘(2) the evaluation of federally assisted pro-
grams in which Indian adults may participate to de-
545
termine the effectiveness of such programs in achiev-
ing the purposes of such programs with respect to
such adults.
‘‘(d) APPLICATIONS.—
‘‘(1) Applications for a grant under this section
shall be submitted at such time, in such manner,
contain such information, and be consistent with
such criteria, as may be required under regulations
prescribed by the Secretary. Such applications
shall—
‘‘(A) set forth a statement describing the
activities for which assistance is sought; and
‘‘(B) provide for an evaluation of the effec-
tiveness of the project in achieving its purposes
and the purposes of this section.
‘‘(2) The Secretary shall not approve an appli-
cation for a grant under subsection (a) unless the
Secretary is satisfied that such application, and any
documents submitted with respect thereto, indicate
that—
‘‘(A) there has been adequate participation
by the individuals to be served and tribal com-
munities in the planning and development of
the project, and
546
‘‘(B) there will be such a participation in
the operation and evaluation of the project.
‘‘(3) In approving applications under subsection
(a), the Secretary shall give priority to applications
from Indian educational agencies, organizations, and
institutions.
‘‘PART D—NATIONAL ACTIVITIES AND GRANTS
TO STATES
‘‘SEC. 6401. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—From funds appro-
priated for any fiscal year to carry out this section, the
Secretary may—
‘‘(1) conduct research related to effective ap-
proaches to the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities consistent with
the purpose of this Act.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
547
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions
of higher education, including Indian institutions of higher
education, and other public and private agencies and
institutions.
‘‘(c) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to assure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by the Office; and
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out by the
Office of Indian Education and the Office of Edu-
cational Research and Improvement.
‘‘SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
‘‘(a) Before submitting its application to the Sec-
retary, the local educational agency shall submit its appli-
cation to the State educational agency.
‘‘(b) The State education agency may send to the
Secretary comments on each local educational agency ap-
plication its reviews. The Secretary shall take such com-
ments into consideration in reviewing such application.
548
‘‘PART E—FEDERAL ADMINISTRATION
‘‘SEC. 6501. OFFICE OF INDIAN EDUCATION.
‘‘(a) OFFICE OF INDIAN EDUCATION.—There shall
be an Office of Indian Education (referred to in this sec-
tion as ‘the Office’) in the Department of Education.
‘‘(b) DIRECTOR.—(1) The Office shall be under the
direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
‘‘(2) The Director shall—
‘‘(A) be responsible for administering this title;
‘‘(B) be involved in, and be primarily respon-
sible for, the development of all policies affecting In-
dian children and adults under programs adminis-
tered by the Office of Elementary and Secondary
Education;
‘‘(C) coordinate the development of policy and
practice for all programs in the Department relating
to Indian persons; and
‘‘(D) assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities related to the edu-
cation of Indian persons.
‘‘(3) The Director of the Office shall be a member
of the career Senior Executive Service.
549
‘‘(c) INDIAN PREFERENCE
IN EMPLOYMENT.—(1)
The Secretary shall give a preference to Indian persons
in all personnel actions in the Office.
‘‘(2) Such preference shall be implemented in the
same fashion as the preference given to any veteran under
section 2609 of the Revised Statutes, section 45 of title
25, United States Code.
‘‘SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION.
‘‘(a) MEMBERSHIP.—There shall be a National Advi-
sory Council on Indian Education (referred to in this sec-
tion as ‘the Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall
be appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
‘‘(2) represent different geographic areas of the
country.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary on the funding and
administration, including the development of regula-
tions and of administrative policies and practices, of
any program, including programs under this title,
for which the Secretary is responsible and in which
550
Indian children or adults participate or from which
they can benefit;
‘‘(2) make recommendations to the Secretary
for filling the Director’s position whenever a vacancy
occurs in such position; and
‘‘(3) submit to the Congress, by June 30 of
each year, a report on its activities, which shall in-
clude—
‘‘(A) any recommendations it finds appro-
priate for the improvement of Federal education
programs in which Indian children or adults
participate, or from which they can benefit; and
‘‘(B) its recommendations with respect to
the funding of any such programs.
‘‘SEC. 6503. PEER REVIEW.
‘‘In reviewing applications under parts B, C, and D
of this title, the Secretary may use a peer review process.
‘‘SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under parts B and C of this title,
the Secretary shall give a preference to Indian tribes, In-
dian organizations, and Indian institutions of higher edu-
cation under any program for which they are eligible to
apply.
551
‘‘SEC. 6505. MINIMUM GRANT CRITERIA.
‘‘In making grants under parts B and C of this title,
the Secretary shall approve only projects that are—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose of the section under which as-
sistance is sought; and
‘‘(2) based on relevant research findings.
‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF
APPROPRIATIONS
‘‘SEC. 6601. DEFINITIONS.
‘‘The following definitions apply to terms as used in
this title:
‘‘(1) The term ‘adult’ means an individual who
is either—
‘‘(A) not less than 16 years old; or
‘‘(B) beyond the age of compulsory school
attendance under State law.
‘‘(2) The term ‘adult education’ has the mean-
ing given such term in section 312(2) of the Adult
Education Act.
‘‘(3) The term ‘free public education’ means
education that is—
‘‘(A) provided at public expense, under
public supervision and direction, and without
tuition charge; and
552
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(4) The term ‘Indian’ means an individual
who is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) tribes and bands terminated since
1940; and
‘‘(ii) tribes and bands recognized by
the State in which they reside;
‘‘(B) a descendant, in the first or second
degree, of an individual described in subpara-
graph (A);
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose; or
‘‘(D) an Eskimo, Aleut, or other Alaska
Native.
‘‘SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) PART A.—For the purpose of carrying out part
A of this title, there are authorized to be appropriated
$61,300,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
553
‘‘(b) PARTS B THROUGH D.—For the purpose of car-
rying out parts B, C, and D of this title, there are author-
ized to be appropriated $20,925,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘(c) PART E.—For the purpose of carrying out part
E of this title, including section 6502, there are authorized
to be appropriated $3,775,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
‘‘TITLE VII—BILINGUAL
EDUCATION PROGRAMS
‘‘SEC. 7001. SHORT TITLE.
‘‘This title may be cited as the ‘Bilingual Education
Act’.
‘‘SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) language-minority Americans constitute a
large and growing proportion of the Nation’s popu-
lation;
‘‘(2) language-minority Americans speak vir-
tually all world languages plus many that are indige-
nous to the United States;
554
‘‘(3) the presence of language-minority Ameri-
cans is related in part to Federal immigration
policies;
‘‘(4) many language-minority Americans are
limited in their English proficiency, and many have
limited education and income;
‘‘(5) limited-English-proficient children and
youth, like all other children and youth, have diverse
educational needs and strengths and therefore
require access to all educational programs and
services;
‘‘(6) the Federal Government has a responsibil-
ity for the education of American Indians and a spe-
cial obligation to Native Alaskans, Native Hawaiians
and native residents of the territories and freely as-
sociated nations to redress the effect of past Federal
policies;
‘‘(7) institutions of higher education can assist
in preparing teachers, administrators and other
school personnel to understand and build upon the
educational strengths and needs of language-minor-
ity and culturally diverse student enrollments;
‘‘(8) it is the purpose of this title to help ensure
that limited-English-proficient students master Eng-
555
lish and develop high levels of academic attainment
in content areas;
‘‘(9) quality bilingual education programs en-
able children and youth to learn English and meet
high academic standards including proficiency in
more than one language;
‘‘(10) as the world becomes increasingly inter-
dependent and as international communication be-
comes a daily occurrence in government, business,
commerce, and family life, multilingual skills con-
stitute an important national resource which de-
serves protection and development;
‘‘(11) educational technology has the potential
for improving the education of language-minority
and limited-English-proficient students and their
families, and the Federal Government should foster
this development;
‘‘(12) research, development, implementation
and dissemination of effective bilingual education
methods, practices, and programs for limited-Eng-
lish-proficient children are essential to systemwide
school reform that improves education for all chil-
dren; and
‘‘(13) a recognized means by which a child
learns is through the use of the child’s native lan-
556
guage, cultural heritage, and instructional programs
which use and build upon a child’s non-English na-
tive language and cultural heritage to promote par-
ent and community involvement in education, stu-
dent self-esteem, proficiency in English, and subject
matter achievement.
‘‘(b) POLICY.—The Congress declares it to be the pol-
icy of the United States, in order to ensure equal edu-
cational opportunity for all children and youth and to pro-
mote educational excellence, to assist State and local edu-
cational agencies, institutions of higher education, and
community-based organizations to build their capacity to
establish, implement, and sustain programs of instruction
for language minority and limited-English-proficient chil-
dren and youth.
‘‘(c) PURPOSE.—The purpose of this title is to edu-
cate language minority and limited-English-proficient chil-
dren and youth to meet the same rigorous standards for
academic performance expected of all children and youth,
including meeting challenging State performance stand-
ards in academic areas by developing—
‘‘(1) systemic improvement and reform of edu-
cational programs serving language-minority and
limited-English-proficient students through the de-
velopment and implementation of exemplary bilin-