I 113th CONGRESS 2d Session H. R. 4328 IN THE HOUSE OF REPRESENTATIVES March 27, 2014 Mr. Cole (for himself, Ms. McCollum , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a program to award contracts to certain tribal organizations, Indian corporations, public school districts, and States, and for other purposes.

1. Short title This Act may be cited as the Johnson-O’Malley Supplemental Indian Education Program Modernization Act . 2. Johnson-O’Malley Supplemental Indian Education Program Modernization Act The Act of April 16, 1934 (commonly known as the Johnson-O'Malley Act ; 25 U.S.C. 452 et seq. ), is amended by adding at the end the following new section: 7. Johnson-O’Malley Supplemental Indian Education Program Modernization Act (a) Establishment Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Assistant Secretary of Indian Affairs and in conjunction with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts with eligible entities that have or serve Indian students to provide educational benefits to such Indian students. (b) Uses of funds An eligible entity that enters into a contract under subsection (a) shall use the funds available under the contract to provide educational benefits to Indian students, by— (1) carrying out programs or expanding programs in existence before the contract period that provide— (A) remedial instruction, counseling, and cultural programs; (B) selected courses related to the academic and professional disciplines of science, technology, engineering, and mathematics; (C) important needs, such as school supplies and items that enable recipients to participate in curricular and extra-curricular programs; and (D) program activities that were available to Indian students under contracts entered into under this Act before October 1, 2012; (2) the establishment of targeted and culturally sensitive dropout prevention activities; and (3) the purchase of equipment to facilitate training for professional trade skills and intensified college preparation programs. (c) Funding The Secretary shall transfer to the Bureau of Indian Education the funds necessary to carry out this section. (d) Computation of awards (1) Determination of total students Except as provided under paragraph (2), for the purpose of computing the amount that an eligible entity may receive under a contract entered into under subsection (a) for any fiscal year, the Secretary shall— (A) determine the number of Indian students who were in average daily attendance in the schools of the public school districts served by the eligible entity, and for whom such school districts provided free public education during the preceding school year; and (B) provide a minimum of $125 per Indian student described in subparagraph (A). (2) Hold harmless In the case of an eligible entity that has or serves eligible Indian children attending a public school that has been afforded supplemental services under a contract entered into under this Act on or before October 1, 1995, such eligible entity shall receive an amount under a contract entered into under subsection (a) that is at least equal to the amount that such eligible entity would have received under the contract entered into under this Act on or before October 1, 1995. (e) Data use (1) In general For purposes of the calculation under subsection (d)(1), the Secretary shall use data for a public school district from not later than the fiscal year preceding the fiscal year for which the eligible entity involved is applying for a contract under subsection (a). (2) Tribal Organization In the case of a tribal organization that has been established by the Bureau of Indian Affairs on or after October 1, 2012, such tribal organization, shall, for the first year of operation of such organization, be based on data for the public school districts served by the organization for the fiscal year for which the organization is applying for a contract under subsection (a). (f) Geographic coverage and enhanced participation In entering into contracts under subsection (a), the Secretary shall, to the extent practicable, ensure full geographic coverage and the full participation of all federally recognized tribes and school districts that have not entered into a contract under this Act before fiscal year 2015. (g) Complementary program participants In entering into contracts under subsection (a), the Secretary may give preference a consortium of tribal organizations, to encourage as many students and professionals as possible to benefit from the program established under this section, including such a consortium that includes a Tribal college or university. (h) Annual report The Secretary shall include in the Department of the Interior fiscal year annual budget request to Congress an annual assessment of the program established under this section. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary. (j) Definitions (1) Eligible entity The term eligible entity means a— (A) tribal organization; (B) Indian Corporation; (C) public school district; (D) State; or (E) a consortium of tribal organizations. (2) ESEA terms The terms elementary school , secondary school , and State have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Indian student The term Indian student means a student who— (A) attends a public school district; and (B) is between age 3 and grade 12, and— (i) resides on or near an Indian reservation; (ii) is an enrolled member, or at least one-fourth or more degree of Indian blood descendant, of a member of a federally recognized Indian tribal government eligible for service by the Bureau of Indian Affairs; or (iii) is an Alaska Native. (4) Public school district The term public school district means a school district that— (A) serves public elementary schools or public secondary schools; and (B) has established or will establish local committees under section 5 of this Act or is using a committee or Indian advisory school board described in such section 5 to approve supplementary or operational support programs beneficial to Indian students, including the programs described in paragraphs (1) through (3) of subsection (b). (5) Secretary The term Secretary means the Secretary of the Interior. (6) Tribal college or university The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)). (7) Tribal organization The term Tribal organization means any tribe, band, or community of Indians which is subject to the laws of the United States relating to Indian affairs or any corporation, association, or group which is organized under any of such laws including Indian Education Consortiums and Tribal Colleges and Universities. .