,,ii ,calendar ,no4 #fhd #aadth ,,congress #b;d ,session ,s4 #behj ,report ,no4 #aad-chj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjaf,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,november #ag1 #bjaf,reported by ,mr4 ,barrasso1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to establish the ,indian ,education ,agency to streamline the administration of ,indian education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reforming ,american ,indian ,standards of ,education ,act of #bjaf or the ,,raise ,act of #bjaf4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term ,agency means the ,indian ,education ,agency established by section #c7;a74 7#b7 ,assistant ,director ,the term ,assistant ,director means1 as applicable-- 7,a7 the ,assistant ,director of ,education ,curriculum described in section #c7;c77#a72 or 7,b7 the ,assistant ,director of ,facilities ,management described in section #c7;c77#b74 7#c7 ,department ,the term ,department means the ,department of the ,interior4 7#d7 ,director ,the term ,director means the ,director of ,indian ,education described in section #c7;b77#a74 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,establishment 7a7 ,in general ,there is established within the ,department an independent agency to be known as the ,indian ,education ,agency4 7b7 ,director 7#a7 ,in general ,the head of the ,agency shall be the ,director of ,indian ,education4 7#b7 ,appointment ,the ,director shall be appointed by the ,president by and with the advice and consent of the ,senate4 7#c7 ,period of appointment ,the ,director shall be-- 7,a7 appointed for a term of #f years2 and 7,b7 eligible for reappointment for an unlimited number of terms4 7#d7 ,removal ,the ,director may be removed by the ,president before the expiration of the term of the ,director only for cause4 7#e7 ,vacancies ,any vacancy in the position of ,director shall not affect the functions or authorities of the ,agency1 but shall be filled in the same manner as the original appointment4 7c7 ,assistant ,directors 7#a7 ,assistant ,director of ,education ,curriculum 7,a7 ,in general ,there shall be in the ,agency an ,assistant ,director of ,education ,curriculum1 who shall be appointed by the ,director4 7,b7 ,duties ,the ,assistant ,director shall be responsible for the functions of the ,agency-- 7i7 relating to education curriculum2 and 7ii7 that the ,director may delegate to the ,assistant ,director4 7#b7 ,assistant ,director of ,facilities ,management 7,a7 ,in general ,there shall be in the ,agency an ,assistant ,director of ,facilities ,management1 who shall be appointed by the ,director4 7,b7 ,duties ,the ,assistant ,director shall be responsible for the functions of the ,agency-- 7i7 relating to facilities management2 and 7ii7 that the ,director may delegate to the ,assistant ,director4 #d4 ,termination of ,bureau of ,indian ,education2 transfer of functions 7a7 ,termination of ,bureau of ,indian ,education ,effective beginning on the date of enactment of this ,act1 the ,bureau of ,indian ,education 7including any predecessor office described in ,federal law7 is terminated4 7b7 ,transfer of functions 7#a7 ,in general ,any function or authority relating to ,indian education that1 as of the day before the date of enactment of this ,act1 was performed or carried out by the ,secretary or any bureau1 office1 or other unit of the ,department is transferred to the ,director4 7#b7 ,references ,any reference in any other ,federal law to the ,secretary1 the ,department1 or any bureau1 office1 or other unit of the ,department with respect to the functions or authorities transferred under paragraph 7#a7 is deemed to refer to the ,director or the ,agency1 as appropriate4 #e4 ,reports 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,director1 in consultation with affected ,indian tribes1 shall prepare a report describing the implementation of this ,act1 including-- 7#a7 the activities of the ,agency2 7#b7 an assessment of the effectiveness of this ,act2 and 7#c7 recommendations for legislation to improve the functioning of the ,agency4 7b7 ,submission ,the ,director shall submit each report described in subsection 7a7 to-- 7#a7 the ,committee on ,indian ,affairs of the ,senate2 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#c7 the ,committee on ,education and the ,workforce of the ,house of ,representatives4 #f4 ,regulations 7a7 ,in general ,the ,director shall promulgate such regulations as the ,director determines are appropriate to perform the functions of the ,director4 7b7 ,autonomy ,no regulation promulgated pursuant to subsection 7a7 shall be subject to approval or review by the ,secretary4 #g4 ,personnel 7a7 ,compensation of ,director and ,assistant ,directors 7#a7 ,director ,the ,director shall be compensated at a rate equal to that of level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#b7 ,assistant directors ,each ,assistant ,director shall be compensated at a rate equal to that of level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#c7 ,travel expenses ,the ,director and each ,assistant ,director shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of their duties4 7b7 ,staff 7#a7 ,transfer of personnel ,effective beginning on the date of enactment of this ,act1 the personnel employed in connection with the functions or authorities transferred under section #d7;b77#a7 are transferred to the ,director4 7#b7 ,additional personnel ,the ,director may1 without regard to the civil service laws1 appoint and terminate such additional personnel as may be necessary to enable the ,director to perform the functions of the ,director4 7#c7 ,compensation ,the ,director may fix the compensation of the personnel of the ,agency other than the ,director or the ,assistant ,directors without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the other personnel may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7c7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,agency without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7d7 ,procurement of temporary and intermittent services ,the ,director may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of that title4 7e7 ,preference 7#a7 ,in general ,in the selection of each individual to be employed by the ,director pursuant to section #c7;c7 and subsections 7b77#b71 7c71 and 7d7 of this section1 the ,director shall give preference to members of ,indian tribes4 7#b7 ,applicability ,the preference described in paragraph 7#a7 shall apply only to initial hiring1 and shall not apply to promotion1 lateral transfer1 reassignment1 reductions in force1 or any other employment practice4 7f7 ,civil service laws ,all personnel of the ,agency other than the ,director shall be covered by the civil service laws4 #h4 ,authorization of appropriations ,there are authorized to be appropriated to the ,director such sums as are necessary to carry out this ,act4 #a4 ,short title ,this ,act may be cited as the ,reforming ,american ,indian ,standards of ,education ,act of #bjaf or the ,,raise ,act of #bjaf4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term ,agency means the ,indian ,education ,agency established by section #c7;a74 7#b7 ,assistant ,director ,the term ,assistant ,director means1 as applicable-- 7,a7 the ,assistant ,director for ,schools and ,academic ,programs described in section #c7;d77#a72 or 7,b7 the ,assistant ,director of ,school ,operations described in section #c7;d77#b74 7#c7 ,department ,the term ,department means the ,department of the ,interior4 7#d7 ,director ,the term ,director means the ,director of ,indian ,education described in section #c7;c77#a74 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,establishment 7a7 ,in general ,there is established within the ,department an independent agency to be known as the ,indian ,education ,agency4 7b7 ,purposes and activities ,in carrying out the ,agency1 the ,secretary shall-- 7#a7 provide to eligible ,indian students an education of high quality2 and 7#b7 carry out education programs designed to meet the needs of eligible ,indian students1 including the needs of ,indian students-- 7,a7 with disabilities2 7,b7 in need of compensatory education2 7,c7 with an interest in vocational education2 7,d7 in need of gifted and talented education2 7,e7 with limited ,english-speaking ability2 and 7,f7 with an interest in ,native language and culture education4 7c7 ,director 7#a7 ,in general ,the head of the ,agency shall be the ,director of ,indian ,education4 7#b7 ,appointment ,the ,director shall be appointed by the ,president by and with the advice and consent of the ,senate4 7#c7 ,period of appointment ,the ,director shall be-- 7,a7 appointed for a term of #f years2 and 7,b7 eligible for reappointment for an unlimited number of terms4 7#d7 ,removal ,the ,director may be removed by the ,president before the expiration of the term of the ,director only for cause4 7#e7 ,vacancies ,any vacancy in the position of ,director shall not affect the functions or authorities of the ,agency1 but shall be filled in the same manner as the original appointment4 7#f7 ,functions ,the ,director shall-- 7,a7 consult with ,indian tribes for the provision of an education of high quality1 consistent with-- 7i7 the unique and continuing trust relationship between the ,federal ,government and the ,indian tribes2 and 7ii7 the responsibility of the ,federal ,government for the education of ,indian children2 7,b7 consult with the ,secretary of ,education on the educational programs and practices of the ,agency2 and 7,c7 prepare each fiscal year a unified budget for inclusion in the budget of the ,department for that fiscal year1 which shall include necessary funds for ,agency-funded schools for construction and operation and maintenance of facilities that are safe1 healthy1 in good condition1 meet capacity requirements1 and are conducive for an education of high quality4 7d7 ,assistant ,directors 7#a7 ,assistant ,director for ,schools and ,academic ,programs 7,a7 ,in general ,there shall be in the ,agency an ,assistant for ,schools and ,academic ,programs1 who shall be appointed by the ,director4 7,b7 ,duties ,the ,assistant ,director shall be responsible for the functions of the ,agency-- 7i7 relating to school and student performance1 curriculum1 instruction1 and assessment2 and 7ii7 that the ,director may delegate to the ,assistant ,director4 7#b7 ,assistant ,director of ,school ,operations 7,a7 ,in general ,there shall be in the ,agency an ,assistant ,director of ,school ,operations1 who shall be appointed by the ,director4 7,b7 ,duties ,the ,assistant ,director shall-- 7i7 be responsible for the school operations functions of the ,agency-- 7,i7 relating to facilities management2 7,,ii7 relating to other school operations functions that support an education of high quality1 including-- 7aa7 communications2 7bb7 human resources2 7cc7 acquisitions and grants administration2 7dd7 budget and finance2 7ee7 educational technology2 and 7ff7 school facilities1 school safety1 and school property2 and 7,,iii7 that the ,director may delegate to the ,assistant ,director2 and 7ii7 appoint a specific employee to oversee the facilities management functions described in clause 7i77,i74 7e7 ,memorandum of understanding ,the ,assistant ,secretary for ,indian ,affairs and the ,director shall enter into a memorandum of understanding under which the ,assistant ,secretary for ,indian ,affairs shall provide to the ,director necessary technical assistance for the implementation of this ,act4 #d4 ,termination of ,bureau of ,indian ,education2 transfer of functions 7a7 ,termination of ,bureau of ,indian ,education ,effective beginning on the date of enactment of this ,act1 the ,bureau of ,indian ,education 7including any predecessor office described in ,federal law7 is terminated4 7b7 ,transfer of functions 7#a7 ,in general ,any function or authority relating to ,indian education that1 as of the day before the date of enactment of this ,act1 was performed or carried out by the ,secretary or any bureau1 office1 or other unit of the ,department is transferred to the ,director4 7#b7 ,references ,any reference in any other ,federal law to the ,secretary1 the ,department1 or any bureau1 office1 or other unit of the ,department with respect to the functions or authorities transferred under paragraph 7#a7 is deemed to refer to the ,director or the ,agency1 as appropriate4 #e4 ,budget requests for school construction funds ,the ,president shall include in the budget of the ,president submitted each fiscal year a separate request for funds for the construction of schools by the ,agency4 #f4 ,use of school construction funds ,in making funds available for the construction of schools1 the ,director shall give priority consideration to those schools having the most serious capacity or facility-condition deficiencies to ensure that ,indian children do not attend school in buildings that are-- 7#a7 dilapidated or deteriorating2 or 7#b7 unable to provide an education of high quality4 #g4 ,personnel 7a7 ,compensation of ,director and ,assistant ,directors 7#a7 ,director ,the ,director shall be compensated at a rate equal to that of level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#b7 ,assistant directors ,each ,assistant ,director shall be compensated at a rate equal to that of level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#c7 ,travel expenses ,the ,director and each ,assistant ,director shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of their duties4 7b7 ,staff 7#a7 ,transfer of personnel ,effective beginning on the date of enactment of this ,act1 the personnel employed in connection with the functions or authorities transferred under section #d7;b77#a7 are transferred to the ,director4 7#b7 ,additional personnel ,the ,director may1 without regard to the civil service laws1 appoint and terminate such additional personnel as may be necessary to enable the ,director to perform the functions of the ,director4 7#c7 ,compensation ,the ,director may fix the compensation of the personnel of the ,agency other than the ,director or the ,assistant ,directors without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the other personnel may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7c7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,agency without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7d7 ,procurement of temporary and intermittent services ,the ,director may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of that title4 7e7 ,preference 7#a7 ,in general ,in the selection of each individual to be employed by the ,director pursuant to section #c7;d7 and subsections 7b77#b71 7c71 and 7d7 of this section1 the ,director shall give preference to members of ,indian tribes4 7#b7 ,applicability ,the preference described in paragraph 7#a7 shall apply only to initial hiring1 and shall not apply to promotion1 lateral transfer1 reassignment1 reductions in force1 or any other employment practice4 7f7 ,civil service laws ,all personnel of the ,agency other than the ,director shall be covered by the civil service laws4 #h4 ,reports 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,director1 in consultation with affected ,indian tribes1 shall prepare a report describing the implementation of this ,act1 including-- 7#a7 the activities of the ,agency2 7#b7 an assessment of the effectiveness of this ,act2 and 7#c7 recommendations for legislation to improve the functioning of the ,agency4 7b7 ,submission ,the ,director shall submit each report described in subsection 7a7 to-- 7#a7 the ,committee on ,indian ,affairs of the ,senate2 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#c7 the ,committee on ,education and ,workforce of the ,house of ,representatives4 #i4 ,regulations 7a7 ,in general ,the ,director shall promulgate such regulations as the ,director determines are appropriate to perform the functions of the ,director4 7b7 ,autonomy ,no regulation promulgated pursuant to subsection 7a7 shall be subject to approval or review by the ,secretary4 #aj4 ,authorization of appropriations ,there is authorized to be appropriated to the ,director to carry out this ,act #ihc1jjj1jjj for fiscal year #bjag and each fiscal year thereafter1 of which #acj1jjj1jjj shall be used for school construction4 ,november #ag1 #bjaf,reported with an amendment