,,ii #aadth ,,congress #b;d ,session ,s4 #bhdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ba1 #bjaf,ms4 ,heitkamp 7for herself1 ,mr4 ,lankford1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend and reform the ,johnson-,o',malley ,act to award contracts to certain tribal organizations1 ,indian corporations1 school districts1 ,states1 and consortia of tribal organizations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,johnson-,o',malley ,supplemental ,indian ,education ,program ,modernization ,act4 #b4 ,supplemental ,indian ,education ,program ,modernization ,the ,act of ,april #af1 #aicd 7#be ,u4,s4,c4 #deb et seq47 7commonly known as the ,johnson-,o',malley ,act71 is amended by adding at the end the following3 #g4 ,supplemental ,indian ,education ,program ,modernization 7a7 ,definitions ,in this section3 7#a7 ,elementary school ,the term elementary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#b7 ,eligible entity ,the term eligible entity means an entity that educates or serves ,indian students and is-- 7,a7 an ,indian tribe2 7,b7 a tribal organization2 7,c7 an ,indian corporation2 7,d7 a school district2 7,e7 a ,state2 or 7,f7 a consortium of any of the entities described in subparagraphs 7,a7 through 7,e74 7#c7 ,eligible ,indian student ,the term eligible ,indian student means an individual that-- 7,a7 attends a public school that is not operated by the ,bureau of ,indian ,education2 7,b7 is not younger than #c years of age2 7,c7 is not in a grade higher than #abth grade2 and 7,d7 is an ,indian 7as defined in section #faea of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdia774 7#d7 ,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#e7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs4 7#g7 ,tribal organization ,the term tribal organization 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 7b7 ,establishment ,the ,secretary1 in coordination with the ,director of the ,bureau of ,indian ,education1 shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible ,indian students4 7c7 ,uses of funds ,an eligible entity that enters into a contract under subsection 7b7 shall use the funds available under the contract for the educational benefit of eligible ,indian students-- 7#a7 to establish and carry out programs1 or to expand and carry out programs in existence before the period of time covered by the contract1 to provide-- 7,a7 remedial instruction1 counseling1 and cultural programs2 7,b7 courses related to science1 technology1 engineering1 and mathematics2 7,c7 school supplies and other items that enable students to participate in curricular and extra-curricular programs2 or 7,d7 activities that were available to ,indian students under contracts entered into under this ,act before ,october #a1 #bjab2 7#b7 to establish targeted1 culturally sensitive1 dropout prevention activities2 and 7#c7 to purchase equipment to facilitate-- 7,a7 training for professional trade skills2 and 7,b7 intensified college preparation programs4 7d7 ,computation of awards 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary shall base the amount that an eligible entity receives under a contract entered into under subsection 7b7 for any fiscal year on the number of eligible ,indian students of the eligible entity1 as determined by the ,secretary under paragraph 7#b74 7#b7 ,determination of number of eligible ,indian students 7,a7 ,in general ,the ,secretary shall determine the number of eligible ,indian students of an eligible entity in accordance with this paragraph4 7,b7 ,initial determination ,not later than #a year after the date of enactment of this section1 the ,secretary shall publish a report describing the number of potentially eligible ,indian students of each eligible entity1 using data described in subparagraph 7,d7 from1 as determined by the ,secretary in consultation with ,indian tribes1 after cross-verification of the data1 the most applicable1 accurate1 and current of-- 7i7 the ,bureau of the ,census2 7ii7 the ,national ,center for ,education ,statistics2 or 7iii7 the ,office of ,indian ,education of the ,department of ,education4 7,c7 ,reconciliation 7i7 ,in general ,after publishing the report under subparagraph 7,b71 the ,secretary1 in coordination with the ,director of the ,bureau of ,indian ,education1 shall consult with the entities described in clause 7ii7-- 7,i7 to establish a process to reconcile the data described in the report published under subparagraph 7,b7 with-- 7aa7 data described in subparagraph 7,d7 of entities party to a contract under subsection 7b72 and 7bb7 tribal enrollment information2 and 7,,ii7 to determine an accurate number of eligible ,indian students of each eligible entity4 7ii7 ,entities described ,the entities described in this clause are-- 7,i7 entities party to a contract under subsection 7b72 and 7,,ii7 eligible entities that may potentially enter into contracts under subsection 7b7 with a significant number of eligible ,indian students but that have not previously entered into a contract under this ,act4 7,d7 ,data use 7i7 ,in general ,subject to clause 7ii71 the ,secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection 7b7 to determine the number of eligible ,indian students4 7ii7 ,new contractors ,to determine the number of eligible ,indian students of an entity party to a contract under subsection 7b7 that the ,secretary recognized as an eligible entity during or after fiscal year #bjab1 the ,secretary shall1 for the first year of the period of time covered by the contract1 use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection 7b74 7#c7 ,hold harmless ,an eligible entity that educates or serves eligible ,indian students attending a public school that has been afforded supplemental services under a contract under this ,act that took effect during or before fiscal year #aiie shall receive an amount under a contract entered into under subsection 7b7 equal to or greater than the amount that the eligible entity would have received under the contract entered into under this ,act during or before fiscal year #aiie-- 7,a7 for a period of time ending not sooner than #b years after the date of enactment of this section2 or 7,b7 if funds made available under a contract entered into under subsection 7b7 have not increased during the period beginning on the date of entrance into the contract and ending on the date that is #b years after the date of enactment of this section1 until funds made available under the contract increase4 7#d7 ,funding reform 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall submit to ,congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this ,act per ,indian student to the amount of funds available through contracts under this ,act per ,indian student during fiscal year #aiie4 7,b7 ,exclusions ,recommendations described in subparagraph 7,a7 shall not include recommendations relating to the reallocation of funds made available to carry out contracts under this ,act-- 7i7 by the ,director of the ,bureau of ,indian ,education2 or 7ii7 under title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdja et seq474 7e7 ,additional considerations 7#a7 ,geographic coverage and enhanced participation ,in entering into contracts under subsection 7b71 the ,secretary shall1 to the maximum extent practicable1 ensure-- 7,a7 full geographic coverage2 and 7,b7 the full participation of eligible entities4 7#b7 ,increased participation of eligible entities ,to the maximum extent practicable1 the ,secretary shall-- 7,a7 contact and consult with ,indian tribes and school districts with significant populations of eligible ,indian students that have not previously contracted under this ,act2 and 7,b7 determine the interest in and eligibility for administering services under this ,act of the ,indian tribes and school districts described in subparagraph 7,a74 7#c7 ,complementary program participants ,in entering into contracts under subsection 7b71 the ,secretary may give preference to a consortium of tribal organizations1 including a consortium of tribal organizations that includes a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7771 to encourage as many students and professionals as possible to benefit from the program established under subsection 7b74 7f7 ,annual report 7#a7 ,in general ,the ,secretary shall prepare an annual assessment of the program established under subsection 7b7-- 7,a7 to be included in the budget request of the ,department of the ,interior for each fiscal year2 and 7,b7 to submit to-- 7i7 the ,committee on ,indian ,affairs of the ,senate2 7ii7 the ,subcommittee on ,interior1 ,environment1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 7iii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7iv7 the ,subcommittee on ,interior1 ,environment1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,manner of preparation ,the ,secretary shall prepare the report under paragraph 7#a7 in a manner to prevent or minimize new administrative burdens on recipients of funds under this section1 including on activities or services provided by recipients of funds under this section4 7g7 ,student privacy ,the ,secretary shall ensure that data is collected and each report is prepared under this section in a manner that protects the rights of eligible ,indian students under section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 4