H. R. 1—494
‘‘(1) A count of the number of students in the schools
certified by the Bureau.
‘‘(2) A count of the number of students for whom the
school has eligibility forms that comply with this section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of determining
the number of children to be counted in calculating the amount
of a local educational agency’s grant under this subpart (other
than in the case described in subsection (g)(1)), the local educational
agency shall—
‘‘(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those chil-
dren, if that date or period occurs before the deadline estab-
lished by the Secretary for submitting an application under
section 7114; and
‘‘(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency
on that date or during that period, as the case may be.
‘‘SEC. 7118. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Sec-
retary shall pay to each local educational agency that submits
an application that is approved by the Secretary under this subpart
the amount determined under section 7113. The Secretary shall
notify the local educational agency of the amount of the payment
not later than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Sec-
retary may not make a grant under this subpart to a local edu-
cational agency for a fiscal year if, for such fiscal year, the State
in which the local educational agency is located takes into consider-
ation payments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the amount
of the State aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL
EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay a local edu-
cational agency the full amount of a grant award determined
under section 7113 for any fiscal year unless the State edu-
cational agency notifies the Secretary, and the Secretary deter-
mines, that with respect to the provision of free public education
by the local educational agency for the preceding fiscal year,
the combined fiscal effort of the local educational agency and
the State, computed on either a per student or aggregate
expenditure basis, was not less than 90 percent of the amount
of the combined fiscal effort, computed on the same basis,
for the second preceding fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for the preceding
fiscal year, the Secretary determines that a local educational
agency and State failed to maintain the combined fiscal effort
for such agency at the level specified in paragraph (1), the
Secretary shall—
‘‘(A) reduce the amount of the grant that would other-
wise be made to such agency under this subpart in the
exact proportion of the failure to maintain the fiscal effort
at such level; and
H. R. 1—495
‘‘(B) not use the reduced amount of the agency and
State expenditures for the preceding year to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1).
‘‘(3) WAIVER.—
‘‘(A) IN
GENERAL.—The Secretary may waive the
requirement of paragraph (1) for a local educational agency,
for not more than 1 year at a time, if the Secretary deter-
mines that the failure to comply with such requirement
is due to exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen
decline in the agency’s financial resources.
‘‘(B) FUTURE
DETERMINATIONS.—The Secretary shall
not use the reduced amount of the agency’s expenditures
for the fiscal year preceding the fiscal year for which a
waiver is granted to determine compliance with paragraph
(1) for any succeeding fiscal year, but shall use the amount
of expenditures that would have been required to comply
with paragraph (1) in the absence of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the pur-
pose of this subpart, any amounts that—
‘‘(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
‘‘(2) otherwise become available for reallocation under this
subpart.
‘‘SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary under section
7114, a local educational agency shall submit the application to
the State educational agency, which may comment on such applica-
tion. If the State educational agency comments on the application,
the agency shall comment on all applications submitted by local
educational agencies in the State and shall provide those comments
to the respective local educational agencies, with an opportunity
to respond.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian
Children
‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this section to sup-
port projects to develop, test, and demonstrate the effectiveness
of services and programs to improve educational opportunities
and achievement of Indian children.
‘‘(2) COORDINATION.—The Secretary shall take the nec-
essary actions to achieve the coordination of activities assisted
under this subpart with—
‘‘(A) other programs funded under this Act; and
H. R. 1—496
‘‘(B) other Federal programs operated for the benefit
of American Indian and Alaska Native children.
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term ‘eligible
entity’ means a State educational agency, local educational agency,
Indian tribe, Indian organization, federally supported elementary
school or secondary school for Indian students, Indian institution
(including an Indian institution of higher education), or a consor-
tium of such entities.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN
GENERAL.—The Secretary shall award grants to
eligible entities to enable such entities to carry out activities
that meet the purpose of this section, including—
‘‘(A) innovative programs related to the educational
needs of educationally disadvantaged children;
‘‘(B) educational services that are not available to such
children in sufficient quantity or quality, including
remedial instruction, to raise the achievement of Indian
children in one or more of the core academic subjects of
English, mathematics, science, foreign languages, art, his-
tory, and geography;
‘‘(C) bilingual and bicultural programs and projects;
‘‘(D) special health and nutrition services, and other
related activities, that address the special health, social,
and psychological problems of Indian children;
‘‘(E) special compensatory and other programs and
projects designed to assist and encourage Indian children
to enter, remain in, or reenter school, and to increase
the rate of high school graduation for Indian children;
‘‘(F) comprehensive guidance, counseling, and testing
services;
‘‘(G) early childhood and kindergarten programs,
including family-based preschool programs that emphasize
school readiness and parental skills, and the provision
of services to Indian children with disabilities;
‘‘(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the post-
secondary level to aid such students in the transition from
secondary to postsecondary education;
‘‘(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such
youth need to make an effective transition from school
to a high-skill, high-wage career;
‘‘(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an institu-
tion of higher education;
‘‘(K) family literacy services;
‘‘(L) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and sen-
iors; or
‘‘(M) other services that meet the purpose described
in this section.
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Professional develop-
ment of teaching professionals and paraprofessionals may be
a part of any program assisted under this section.
H. R. 1—497
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary may make multiyear
grants under subsection (c) for the planning, development,
pilot operation, or demonstration of any activity described
in subsection (c) for a period not to exceed 5 years.
‘‘(B) PRIORITY.—In making multiyear grants described
in this paragraph, the Secretary shall give priority to enti-
ties submitting applications that present a plan for com-
bining two or more of the activities described in subsection
(c) over a period of more than 1 year.
‘‘(C) PROGRESS.—The Secretary shall make a grant pay-
ment for a grant described in this paragraph to an eligible
entity after the initial year of the multiyear grant only
if the Secretary determines that the eligible entity has
made substantial progress in carrying out the activities
assisted under the grant in accordance with the application
submitted under paragraph (3) and any subsequent modi-
fications to such application.
‘‘(2) DISSEMINATION GRANTS.—
‘‘(A) IN
GENERAL.—In addition to awarding the
multiyear grants described in paragraph (1), the Secretary
may award grants under subsection (c) to eligible entities
for the dissemination of exemplary materials or programs
assisted under this section.
‘‘(B) DETERMINATION.—The Secretary may award a
dissemination grant described in this paragraph if, prior
to awarding the grant, the Secretary determines that the
material or program to be disseminated—
‘‘(i) has been adequately reviewed;
‘‘(ii) has demonstrated educational merit; and
‘‘(iii) can be replicated.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—Any eligible entity that desires to
receive a grant under this section shall submit an applica-
tion to the Secretary at such time and in such manner
as the Secretary may reasonably require.
‘‘(B) CONTENTS.—Each application submitted to the
Secretary under subparagraph (A), other than an applica-
tion for a dissemination grant under paragraph (2), shall
contain—
‘‘(i) a description of how parents of Indian children
and representatives of Indian tribes have been, and
will be, involved in developing and implementing the
activities for which assistance is sought;
‘‘(ii) assurances that the applicant will participate,
at the request of the Secretary, in any national evalua-
tion of activities assisted under this section;
‘‘(iii) information demonstrating that the proposed
program for the activities is a scientifically based
research program, where applicable, which may include
a program that has been modified to be culturally
appropriate for students who will be served;
‘‘(iv) a description of how the applicant will incor-
porate the proposed activities into the ongoing school
program involved once the grant period is over; and
H. R. 1—498
‘‘(v) such other assurances and information as the
Secretary may reasonably require.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal year
may be used for administrative purposes.
‘‘SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDU-
CATION PROFESSIONALS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian individuals
in teaching or other education professions that serve Indian
people;
‘‘(2) to provide training to qualified Indian individuals to
enable such individuals to become teachers, administrators,
teacher aides, social workers, and ancillary educational per-
sonnel; and
‘‘(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the
term ‘eligible entity’ means—
‘‘(1) an institution of higher education, including an Indian
institution of higher education;
‘‘(2) a State educational agency or local educational agency,
in consortium with an institution of higher education;
‘‘(3) an Indian tribe or organization, in consortium with
an institution of higher education; and
‘‘(4) a Bureau-funded school (as defined in section 1146
of the Education Amendments of 1978).
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is authorized to
award grants to eligible entities having applications approved under
this section to enable those entities to carry out the activities
described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this section shall
be used for activities to provide support and training for Indian
individuals in a manner consistent with the purposes of this
section. Such activities may include continuing programs,
symposia, workshops, conferences, and direct financial support,
and may include programs designed to train tribal elders and
seniors.
‘‘(2) SPECIAL RULES.—
‘‘(A) TYPE OF TRAINING.—For education personnel, the
training received pursuant to a grant under this section
may be inservice or preservice training.
‘‘(B) PROGRAM.—For individuals who are being trained
to enter any field other than teaching, the training received
pursuant to a grant under this section shall be in a program
that results in a graduate degree.
‘‘(e) APPLICATION.—Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information, as
the Secretary may reasonably require.
‘‘(f) SPECIAL RULE.—In awarding grants under this section,
the Secretary—
‘‘(1) shall consider the prior performance of the eligible
entity; and
H. R. 1—499
‘‘(2) may not limit eligibility to receive a grant under this
section on the basis of—
‘‘(A) the number of previous grants the Secretary has
awarded such entity; or
‘‘(B) the length of any period during which such entity
received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section shall be
awarded for a period of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require, by regula-
tion, that an individual who receives training pursuant to a
grant made under this section—
‘‘(A) perform work—
‘‘(i) related to the training received under this sec-
tion; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the assistance
received.
‘‘(2) REPORTING.—The Secretary shall establish, by regula-
tion, a reporting procedure under which a grant recipient under
this section shall, not later than 12 months after the date
of completion of the training, and periodically thereafter, pro-
vide information concerning compliance with the work require-
ment under paragraph (1).
‘‘Subpart 3—National Activities
‘‘SEC. 7131. NATIONAL RESEARCH ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds
made available under section 7152(b) for each fiscal year to—
‘‘(1) conduct research related to effective approaches for
the education of Indian children and adults;
‘‘(2) evaluate federally assisted education programs 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 that are consistent with the
purpose of this part.
‘‘(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 with, Indian tribes,
Indian organizations, State educational agencies, local educational
agencies, institutions of higher education, including Indian institu-
tions 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 Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
‘‘(2) may include collaborative research activities that are
jointly funded and carried out by the Office of Indian Education
Programs and the Office of Educational Research and Improve-
ment.
H. R. 1—500
‘‘SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHIL-
DREN.
‘‘(a) GRANTS AUTHORIZED.—In addition to the grants authorized
by section 7122(c), the Secretary may make grants to eligible con-
sortia for the provision of high quality in-service training. The
Secretary may make such a grant to—
‘‘(1) a consortium of a tribal college and an institution
of higher education that awards a degree in education; or
‘‘(2) a consortium of—
‘‘(A) a tribal college;
‘‘(B) an institution of higher education that awards
a degree in education; and
‘‘(C) one or more elementary schools or secondary
schools operated by the Bureau of Indian Affairs, local
educational agencies serving Indian children, or tribal edu-
cational agencies.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN-SERVICE TRAINING.—A consortium that receives a
grant under subsection (a) shall use the grant funds only to
provide high quality in-service training to teachers, including
teachers who are not Indians, in schools of local educational
agencies with substantial numbers of Indian children enrolled
in their schools, in order to better meet the needs of those
children.
‘‘(2) COMPONENTS.—The training described in paragraph
(1) shall include such activities as preparing teachers to use
the best available scientifically based research practices and
learning strategies, and to make the most effective use of
curricula and materials, to respond to the unique needs of
Indian children in their classrooms.
‘‘(c) PREFERENCE FOR INDIAN APPLICANTS.—In applying section
7143 to this section, the Secretary shall give a preference to any
consortium that includes one or more of the entities described
in section 7143.
‘‘SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.
‘‘(a) FELLOWSHIPS.—
‘‘(1) AUTHORITY.—The Secretary is authorized to award
fellowships to Indian students to enable such students to study
in graduate and professional programs at institutions of higher
education.
‘‘(2) REQUIREMENTS.—The fellowships described in para-
graph (1) shall be awarded to Indian students to enable such
students to pursue a course of study—
‘‘(A) of not more than 4 academic years; and
‘‘(B) that leads—
‘‘(i) toward a postbaccalaureate degree in medicine,
clinical psychology, psychology, law, education, or a
related field; or
‘‘(ii) to an undergraduate or graduate degree in
engineering, 
business 
administration, 
natural
resources, or a related field.
‘‘(b) STIPENDS.—The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends (including
allowances for subsistence of such students and dependents of such
students) as the Secretary determines to be consistent with pre-
vailing practices under comparable federally supported programs.
H. R. 1—501
‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Sec-
retary shall pay to the institution of higher education at which
such a fellowship recipient is pursuing a course of study, in lieu
of tuition charged to such recipient, such amounts as the Secretary
may determine to be necessary to cover the cost of education pro-
vided to such recipient.
‘‘(d) SPECIAL RULES.—
‘‘(1) IN GENERAL.—If a fellowship awarded under subsection
(a) is vacated prior to the end of the period for which the
fellowship is awarded, the Secretary may award an additional
fellowship for the unexpired portion of the period of the first
fellowship.
‘‘(2) WRITTEN NOTICE.—Not later than 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—
‘‘(A) the amount of the funding for the fellowship;
and
‘‘(B) any stipends or other payments that will be made
under this section to, or for the benefit of, the individual
for the academic term.
‘‘(3) PRIORITY.—Not more than 10 percent of the fellowships
awarded under subsection (a) shall be awarded, on a priority
basis, to persons receiving training in guidance counseling with
a specialty in the area of alcohol and substance abuse coun-
seling and education.
‘‘(e) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require, by regula-
tion, that an individual who receives financial assistance under
this section—
‘‘(A) perform work—
‘‘(i) related to the training for which the individual
receives the assistance under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated portion of such assistance.
‘‘(2) REPORTING.—The Secretary shall establish, by regula-
tion, a reporting procedure under which a recipient of assistance
under this section shall, not later than 12 months after the
date of completion of the training, and periodically thereafter,
provide information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
‘‘(f) ADMINISTRATION
OF FELLOWSHIPS.—The Secretary may
administer the fellowships authorized under this section through
a grant to, or contract or cooperative agreement with, an Indian
organization with demonstrated qualifications to administer all
facets of the program assisted under this section.
‘‘SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to—
‘‘(1) establish two centers for gifted and talented Indian
students at tribally controlled community colleges in accordance
with this section; and
‘‘(2) support demonstration projects described in subsection
(c).
‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make grants, or
enter into contracts, for the activities described in subsection (a),
to or with—
H. R. 1—502
‘‘(1) two tribally controlled community colleges that—
‘‘(A) are eligible for funding under the Tribally Con-
trolled College or University Assistance Act of 1978; and
‘‘(B) are fully accredited; or
‘‘(2) the American Indian Higher Education Consortium,
if the Secretary does not receive applications that the Secretary
determines to be approvable from two colleges that meet the
requirements of paragraph (1).
‘‘(c) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—Funds made available through the
grants made, or contracts entered into, by the Secretary under
subsection (b) shall be used for—
‘‘(A) the establishment of centers described in sub-
section (a); and
‘‘(B) carrying out demonstration projects designed to—
‘‘(i) address the special needs of Indian students
in elementary schools and secondary schools who are
gifted and talented; and
‘‘(ii) provide such support services to the families
of the students described in clause (i) as are needed
to enable such students to benefit from the projects.
‘‘(2) SUBCONTRACTS.—Each recipient of a grant or contract
under subsection (b) to carry out a demonstration project under
subsection (a) may enter into a contract with any other entity,
including the Children’s Television Workshop, to carry out the
demonstration project.
‘‘(3) DEMONSTRATION
PROJECTS.—Demonstration projects
assisted under subsection (b) may include—
‘‘(A) the identification of the special needs of gifted
and 
talented 
Indian 
students, 
particularly 
at 
the
elementary school level, giving attention to—
‘‘(i) identifying the emotional and psychosocial
needs of such students; and
‘‘(ii) providing such support services to the families
of such students as are needed to enable such students
to benefit from the projects;
‘‘(B) the conduct of educational, psychosocial, and
developmental activities that the Secretary determines hold
a reasonable promise of resulting in substantial progress
toward meeting the educational needs of such gifted and
talented children, including—
‘‘(i) demonstrating and exploring the use of Indian
languages and exposure to Indian cultural traditions;
and
‘‘(ii) carrying out mentoring and apprenticeship
programs;
‘‘(C) the provision of technical assistance and the
coordination of activities at schools that receive grants
under subsection (d) with respect to the activities assisted
under such grants, the evaluation of programs assisted
under such grants, or the dissemination of such evalua-
tions;
‘‘(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
‘‘(E) leadership programs designed to replicate pro-
grams for such children throughout the United States,