H. R. 6—493
‘‘(2) The supervisor of a Bureau school may appeal to the
appropriate agency education line officer any refusal by the local
school board to approve any determination of the supervisor that
is described in paragraph (1)(A) by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be approved. A copy of such
statement shall be submitted to the local school board and such
board shall be afforded an opportunity to respond, in writing, to
such appeal. After reviewing such written appeal and response,
the education line officer may, for good cause, approve the deter-
mination of the supervisor. The educational line officer shall trans-
mit the determination of such appeal in the form of a written
opinion to such local school board and to the supervisor identifying
the reasons for approving such determination.
‘‘SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
‘‘The Secretary shall establish within the Office, within 1 year
after the date of the enactment of the Indian Education Amend-
ments of 1984, a computerized management information system,
which shall provide information to the Office. Such information
shall include—
‘‘(1) student enrollment;
‘‘(2) curriculum;
‘‘(3) staff;
‘‘(4) facilities;
‘‘(5) community demographics;
‘‘(6) student assessment information; and
‘‘(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet ele-
ments.
‘‘SEC. 1134. BUREAU EDUCATION POLICIES.
‘‘Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and submit
to all agency and area offices of the Bureau, all tribal governments,
and the appropriate committees of the Congress, a draft set of
education policies, procedures, and practices for education-related
action of the Bureau. The Secretary shall, within 1 year of the
date of enactment of this Act, provide that such uniform policies,
procedures, and practices shall be finalized and promulgated. There-
after, such policies, procedures, and practices and their periodic
revisions, shall serve as the foundation for future Bureau actions
in education.
‘‘SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
‘‘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 procedures to the Congress.
‘‘SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
‘‘The Secretary shall institute a policy for the recruitment 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.
H. R. 6—494
‘‘SEC. 1137. ANNUAL REPORT.
‘‘(a) The Secretary shall submit to each appropriate committee
of the Congress a detailed annual report on the state of education
within the Bureau and any problems encountered in the field of
education during the year. Such report shall contain suggestions
for improving the Bureau educational system and increasing local
Indian control of such system. Such report shall also include the
current status of tribally controlled community colleges. The annual
budget submission for the Bureau’s education programs shall,
among other things, include—
‘‘(1) information on the funds provided previously private
schools under section 208 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 458d) and rec-
ommendations with respect to the future use of such funds;
‘‘(2) the needs and costs of operation and maintenance
of tribally controlled community colleges eligible for assistance
under the Tribally Controlled Community College Assistance
Act of 1978 (25 U.S.C. 1801 et seq.) and recommendations
with respect to meeting such needs and costs; and
‘‘(3) the plans required by sections 1121(g), 1122(c), and
1125(b), of this Act.
‘‘(b) 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 school at least once in every
three years. Audits of Bureau schools shall be based upon the
extent to which such school has complied with its local financial
plan under section 1129.
‘‘SEC. 1138. RIGHTS OF INDIAN STUDENTS.
‘‘Within six months of the date of enactment of this Act, the
Secretary shall prescribe such rules and regulations as are nec-
essary to ensure the constitutional and civil rights of Indian stu-
dents attending Bureau schools, including such students’ right to
privacy under the laws of the United States, such students’ right
to freedom of religion and expression and such students’ right
to due process in connection with disciplinary actions, suspensions,
and expulsions.
‘‘SEC. 1139. REGULATIONS.
‘‘Regulations required to be adopted under sections 1126
through 1138 and any revisions of the standards developed under
section 1121 or 1122 shall be deemed rules of general applicability
prescribed for the administration of an applicable program for the
purposes of section 437 of the General Education Provisions Act
and shall be promulgated, submitted for congressional review, and
take effect in accordance with the provisions of such section. Such
regulations 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
such provision is based.
‘‘SEC. 1140. VOLUNTARY SERVICES.
‘‘Notwithstanding section 1342 of title 31, United States Code,
the Secretary may, subject to the approval of the local school
board concerned, 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
H. R. 6—495
individual providing volunteer services under this section is a Fed-
eral employee only for purposes of chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States Code.
‘‘SEC. 1141. PRORATION OF PAY.
‘‘(a) Notwithstanding 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-month basis
or for those months while school is in session. No educator shall
suffer a loss of pay or benefits, including benefits under unemploy-
ment or other Federal or federally assisted programs, because of
such election.
‘‘(b) During the course of such year the employee may change
election once.
‘‘(c) That portion of the employee’s pay which would be paid
between academic school years may be paid in lump sum at the
election of the employee.
‘‘(d) For the purposes of this section the terms ‘educator’ and
‘education position’ have the meaning contained in paragraphs (1)
and (2) of section 1132(n). This section applies to those individuals
employed under the provisions of section 1132 of this title or title
5, United States Code.
‘‘SEC. 1142. EXTRACURRICULAR ACTIVITIES.
‘‘(a) 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 services to students
or otherwise support the school’s academic and social programs
may elect to be compensated for all such work on the basis of
the stipend. Such stipend shall be paid as a supplement to the
employee’s base pay.
‘‘(b) If an employee elects not to be compensated through the
stipend established by this section, the appropriate provisions of
title 5, United States Code, shall apply.
‘‘(c) This section applies to all Bureau employees, whether
employed under section 1132 of this title or title 5, United States
Code.
‘‘SEC. 1143. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) The Secretary shall provide grants to tribes, tribal organiza-
tions, and consortia of tribes and tribal organizations to fund early
childhood development programs that are operated by such tribes,
organizations, or consortia.
‘‘(b)(1) 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 (f) for such
fiscal year (less amounts provided under subsection (e)) 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
H. R. 6—496
‘‘(iii) any tribe that—
‘‘(I) is a member of such consortium, or
‘‘(II) authorizes any tribal organization that is a
member of such consortium, 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),
‘‘(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) 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 1 tribe that has less than 500 members,
or
‘‘(ii) by 1 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)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal organiza-
tions only if the tribe, organization or consortia submits to the
Secretary an application for the grant at such time and in such
form as the Secretary shall prescribe.
‘‘(2) Applications submitted under paragraph (1) shall set forth
the early childhood development program that the applicant desires
to operate.
‘‘(d) 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) educational testing, and
‘‘(E) other educational services,
‘‘(2) may include instruction in the language, art, and cul-
ture of the tribe, and
‘‘(3) shall provide for periodic assessment of the program.
‘‘(e) The Secretary shall, out of funds appropriated under the
authority of subsection (f), include in the grants provided under
subsection (a) amounts for administrative costs incurred by the
tribe or tribal organization in establishing and maintaining the
early childhood development program.
‘‘(f) For the purpose of carrying out the provisions of this
section, there are authorized to be appropriated $10,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
‘‘SEC. 1144. TRIBAL DEPARTMENTS OF EDUCATION.
‘‘(a) Subject to the availability of appropriations, the Secretary
shall provide grants and technical assistance to tribes for the devel-
opment and operation of tribal departments of education for the
H. R. 6—497
purpose of planning and coordinating all educational programs of
the tribe.
‘‘(b) Grants provided under this section shall—
‘‘(1) be based on applications from the governing body of
the tribe,
‘‘(2) reflect factors such as geographic and population diver-
sity,
‘‘(3) facilitate tribal control in all matters relating 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 (including all preschool,
elementary, secondary, and higher or vocational educational
programs funded by tribal, Federal, or other sources) by
encouraging tribal administrative support of all Bureau funded
educational programs as well as encouraging tribal cooperation
and coordination with all educational programs receiving finan-
cial support from State agencies, other Federal agencies, or
private entities,
‘‘(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel, students,
facilities, and support programs, and
‘‘(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and Educational
Assistance Act (25 U.S.C. 450h) that are in effect on the date
application for such grants are made.
‘‘(c)(1) In approving and funding applications for 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 coordinating 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 attrib-
utable to the individual programs of such schools will be
associated with the unified application, and
‘‘(ii) the distribution of all funds received 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 sec-
tion will administer all contracts or grants (except those covered
by the other provisions of this title and the Tribally Controlled
Community College Assistance Act of 1978) for education pro-
grams administered by the tribe and will coordinate all of
the programs to the greatest extent possible,
‘‘(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all edu-
cation programs 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—
H. R. 6—498
‘‘(i) the assumption over the term of the grant by
the tribal department of education of all assets and func-
tions of the Bureau agency office associated with the tribe,
insofar as those responsibilities relate to education, and
‘‘(ii) the termination by the Bureau of such operations
and office at the time of such assumption,
except that when mutually agreeable between the tribal govern-
ing body and the Assistant Secretary, the period in which
such assumption is to occur may be modified, reduced, or
extended after the initial year of the grant.
‘‘(2) Subject to the availability of appropriated funds, grants
provided under this section shall be provided for a period of 3
years and the grant may, if performance by the grantee is satisfac-
tory to the Secretary, be renewed for additional 3-year terms.
‘‘(d) The Secretary shall not impose any terms, conditions,
or requirements on the provision of grants under this section that
are not specified in this section.
‘‘(e) For the purpose of carrying out the provisions of this
section, there are authorized to be appropriated $2,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
‘‘SEC. 1145. PAYMENTS.
‘‘(a)(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in
2 payments—
‘‘(A) one payment to be made not later than July 15 of
each year in an amount equal to one-half of the amount which
the grantee was entitled to receive during the preceding aca-
demic year, and
‘‘(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made not later than December 1 of each year.
‘‘(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of eligibility under
this part shall be made not later than December 1 of the academic
year.
‘‘(3) With regard to funds for grantees that become available
for obligation on October 1 of the fiscal year for which such funds
are appropriated, the Secretary shall make payments to grantees
not later than December 1 of the fiscal year.
‘‘(4) The provisions of chapter 39 of title 31, United States
Code, shall apply to the payments required to be made by para-
graphs (1), (2), and (3) of this subsection.
‘‘SEC. 1146. DEFINITIONS.
‘‘For the purpose of this part, unless otherwise specified—
‘‘(1) the term ‘agency school board’ means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill these
duties;
‘‘(2) the term ‘Bureau’ means the Bureau of Indian Affairs
of the Department of the Interior;
‘‘(3) the term ‘Bureau funded school’ means—
H. R. 6—499
‘‘(A) a Bureau school;
‘‘(B) a contract school; or
‘‘(C) a school for which assistance is provided under
the Tribally Controlled Schools Act of 1988;
‘‘(4) the term ‘Bureau school’ means a Bureau operated
elementary or secondary day or boarding school or a Bureau
operated dormitory for students attending a school other than
a Bureau school;
‘‘(5) the term ‘contract or grant school’ means an elementary
or secondary school or a dormitory which receives financial
assistance for its operation under a contract, grant, or agree-
ment with the Bureau under section 102, 103(a), or 208 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450f, 450h(a), and 458d) or under the Tribally Con-
trolled Schools Act of 1988 (25 U.S.C. 2504);
‘‘(6) the term ‘education line officer’ means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
‘‘(7) the term ‘financial plan’ means a plan of services
to be provided by each Bureau school;
‘‘(8) the term ‘Indian organization’ means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of federally
recognized Indian tribes;
‘‘(9) the term ‘local educational agency’ means a board
of education or other legally constituted local school authority
having administrative control and direction of free public edu-
cation in a county, township, independent, or other school dis-
trict located within a State, and includes any State agency
which directly operates and maintains facilities for providing
free public education;
‘‘(10) the term ‘local school board’, when used with respect
to a Bureau school, means a body chosen in accordance with
the laws of the tribe to be served or, in the absence of such
laws, elected by the parents of the Indian children attending
the school, except that in schools serving a substantial number
of students from different tribes, the members shall be
appointed by the governing bodies of the tribes affected, and
the number of such members shall be determined by the Sec-
retary in consultation with the affected tribes;
‘‘(11) the term ‘Office’ means the Office of Indian Education
Programs within the Bureau;
‘‘(12) the term ‘Secretary’ means the Secretary of the
Interior;
‘‘(13) the term ‘supervisor’ means the individual in the
position of ultimate authority at a Bureau school; and
‘‘(14) the term ‘tribe’ means any Indian tribe, band, nation,
or other organized group or community, including any Alaska
Native village or regional or village corporation as defined
in or established pursuant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1801 et seq.) which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.’’.
H. R. 6—500
SEC. 382. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.
(a) NEW CONSTRUCTION.—The second sentence of paragraph
(4) of section 5205(b) of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2504(b)(4)) is amended by striking ‘‘were received.’’
and inserting ‘‘were received, except that 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 other organization provides funding for the new construction
equal to at least one-fourth of the total cost of such new construc-
tion.’’.
(b) COMPOSITION OF GRANTS.—Subsection (b) of section 5205
of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b))
is further amended by adding at the end the following new para-
graph:
‘‘(5) If the Secretary fails to make a determination within
180 days of a request filed by an Indian tribe or tribal organiza-
tion to include in such tribe or organization’s grant the funds
described in subsection (a)(2), the Secretary shall be deemed
to have approved such request and the Secretary shall imme-
diately amend the grant accordingly. Such tribe or organization
may enforce its rights under subsection (a)(2) and this para-
graph, including any denial of or failure to act on such tribe
or organization’s request, pursuant to the disputes authority
described in section 5209(e).’’.
(c) PAYMENTS.—Subsection (a) of section 5208 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended
to read as follows:
‘‘(a) PAYMENTS.—
‘‘(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part
in 2 payments, of which—
‘‘(A) the first payment shall be made not later than
July 15 of each year in an amount equal to one-half of
the amount which the grantee was entitled to receive dur-
ing the preceding academic year; and
‘‘(B) the second payment, consisting of the remainder
to which the grantee is entitled for the academic year,
shall be made not later than December 1 of each year.
‘‘(2) For any school for which no payment under this part
was made from Bureau funds in the preceding academic year,
full payment of the amount computed for the first academic
year of eligibility under this part shall be made not later
than December 1 of the academic year.
‘‘(3) With regard to funds for grantees that become available
for obligation on October 1 of the fiscal year for which such
funds are appropriated, the Secretary shall make payments
to grantees not later than December 1 of the fiscal year.
‘‘(4) The provisions of chapter 39 of title 31, United States
Code, shall apply to the payments required to be made by
paragraphs (1), (2), and (3).
‘‘(5) Paragraphs (1), (2), and (3) shall be subject to any
restriction on amounts of payments under this part that are
imposed by a continuing resolution or other Act appropriating
the funds involved.’’.
(d) APPLICABILITY.—Subsection (a) of section 5209 of the Trib-
ally Controlled Schools Act of 1988 (25 U.S.C. 2508(a)) is amended
to read as follows:
H. R. 6—501
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—All provisions
of sections 5, 6, 7, 104, 105(f), 106(f), 109, and 111 of the Indian
Self-Determination and Education Assistance Act, except those
provisions relating to indirect costs and length of contract, shall
apply to grants provided under this part.
(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Subsection (e) of
section 5209 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2508(e)) is amended—
(1) by striking ‘‘the amount of a grant under section 5205
(and the amount of any funds referred to in that section),
and payments to be made under section 5208 of this Act,’’
and inserting ‘‘a grant authorized to be made pursuant to
this part or any amendment to such grant,’’;
(2) by striking ‘‘the amount of, or payment of, the adminis-
trative grant’’ and inserting ‘‘an administrative cost grant’’;
and
(3) by adding at the end the following new sentence: ‘‘The
Equal Access to Justice Act shall apply to administrative
appeals filed after September 8, 1988, by grantees regarding
a grant under this part, including an administrative cost
grant.’’.
SEC. 383. ENDOWMENT FUNDS.
Section 302 of the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1832) is amended—
(1) in subsection (a), by striking ‘‘section 333’’ and inserting
in lieu thereof ‘‘section 331’’; and
(2) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) provides for the investment and maintenance of a
trust fund, the corpus and earnings of which shall be invested
in the same manner as funds are invested under paragraph
(2) of section 331(c) of the Higher Education Act of 1965,
except that for purposes of this paragraph, the term ‘trust
fund’ means a fund established by an institution of higher
education or by a foundation that is exempt from taxation
and is maintained for the purpose of generating income for
the support of the institution, and may include real estate;’’;
and
(B) in paragraph (3) by striking ‘‘same’’ the first time
such term appears.
SEC. 384. GOALS 2000: EDUCATE AMERICA ACT.
(a) Section 315 of the Goals 2000: Educate America Act (20
U.S.C. 5895) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) BUREAU OF INDIAN AFFAIRS COST ANALYSIS AND STUDIES.—
‘‘(1) IN
GENERAL.—The Secretary of the Interior shall
reserve from the funds received pursuant to section 304(a)(1)(B)
in the first and second fiscal year for which the Secretary
of the Interior receives such funds an amount not to exceed
$500,000 for each such year to provide, through a contract
executed, after open solicitation, with an organization or institu-
tion having extensive experience in school finance, for an analy-
sis of—
‘‘(A) the costs associated with meeting the academic,
home-living, and residential standards of the Bureau for