#aaeth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #aa1 #bjah ,,amendment3 ,that the bill from the ,senate 7,s4 #idc7 entitled ,an ,act to direct the ,secretary of the ,interior to conduct an accurate comprehensive student count for the purposes of calculating formula allocations for programs under the ,johnson-,o',malley ,act1 and for other purposes41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,johnson-,o',malley ,supplemental ,indian ,education ,program ,modernization ,act4 #b4 ,indian education program student count update ,the ,act of ,april #af1 #aicd 7#be ,u4,s4,c4 #ecdb et seq47 7commonly referred to as the ,johnson-,o',malley ,act7 is amended by adding at the end the following3 #g4 ,computation of student count 7a7 ,definitions ,for the purposes of this ,act1 the following definitions apply3 7#a7 ,contracting party ,the term contracting party means an entity that has a contract through a program authorized under this ,act4 7#b7 ,eligible entity ,the term eligible entity means an entity that is eligible to apply for a contract for a supplemental or operational support program under this ,act1 as outlined in section #a4 7#c7 ,existing contracting party ,the term existing contracting party means a contracting party that has a contract under this ,act that is in effect on the date of enactment of the ,,jom ,modernization ,act4 7#d7 ,,jom ,modernization ,act ,the term ,,jom ,modernization ,act means the ,johnson-,o',malley ,supplemental ,indian ,education ,program ,modernization ,act4 7#e7 ,new contracting party ,the term new contracting party means an entity that enters into a contract under this ,act after the date of enactment of the ,,jom ,modernization ,act4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,determination of the number of eligible ,indian students 7#a7 ,initial determinations 7,a7 ,in general ,the ,secretary shall make an initial determination of the number of eligible ,indian students served or potentially served by each eligible entity in accordance with subparagraph 7,b74 7,b7 ,process for making the initial determination 7i7 ,preliminary report ,not later than #ahj days after the date of enactment of the ,,jom ,modernization ,act1 the ,secretary shall publish a preliminary report describing the number of eligible ,indian students served or potentially served by each eligible entity1 using the most applicable and accurate data 7as determined by the ,secretary in consultation with eligible entities7 from the fiscal year preceding the fiscal year for which the initial determination is to be made from-- 7,i7 the ,bureau of the ,census2 7,,ii7 the ,national ,center for ,education ,statistics2 or 7,,iii7 the ,office of ,indian ,education of the ,department of ,education4 7ii7 ,data reconciliation ,to improve the accuracy of the preliminary report described in clause 7i7 prior to publishing1 the ,secretary shall reconcile the data described in the preliminary report with-- 7,i7 each existing contracting party's data regarding the number of eligible ,indian students served by the existing contracting party for the fiscal year preceding the fiscal year for which the initial determination is made2 and 7,,ii7 identifiable tribal enrollment information4 7iii7 ,comment period ,after publishing the preliminary report under clause 7i7 in accordance with clause 7ii71 the ,secretary shall establish a #fj-;day comment period to gain feedback about the preliminary report from eligible entities1 which the ,secretary shall take into consideration in preparing the final report described in clause 7iv74 7iv7 ,final report ,not later than #abj days after concluding the consultation described in clause 7iii71 the ,secretary shall publish a final report on the initial determination of the number of eligible ,indian students served or potentially served by each eligible entity1 including justification for not including any feedback gained during such consultation1 if applicable4 7#b7 ,subsequent academic years ,for each academic year following the fiscal year for which an initial determination is made under paragraph 7#a7 to determine the number of eligible ,indian students served or potentially served by a contracting party1 the ,secretary shall determine the number of eligible ,indian students served by the contracting party based on the reported eligible ,indian student count numbers identified through the reporting process described in subsection 7c74 7c7 ,contracting party student count reporting compliance 7#a7 ,in general ,for each academic year following the fiscal year for which an initial determination is made under subsection 7b7 to determine the number of eligible ,indian students served or potentially served by a contracting party1 the contracting party shall submit to the ,secretary a report describing the number of eligible ,indian students who were served using amounts allocated to such party under this ,act during the previous fiscal year4 ,the report shall also include an accounting of the amounts and purposes for which the contract funds were expended4 7#b7 ,failure to comply ,a contracting party that fails to submit a report under paragraph 7#a7 shall receive no amounts under this ,act for the fiscal year following the academic year for which the report should have been submitted4 7#c7 ,notice ,the ,secretary shall provide contracting parties with timely information relating to-- 7,a7 initial and final reporting deadlines2 and 7,b7 the consequences of failure to comply outlined in paragraph 7#b74 7#d7 ,technical assistance ,the ,secretary1 acting through the ,director of the ,bureau of ,indian ,education1 shall provide technical assistance and training on compliance with the reporting requirements of this subsection to contracting parties4 7d7 ,annual report 7#a7 ,in general ,the ,secretary shall prepare an annual report1 including the most recent determination of the number of eligible ,indian students served by each contracting party1 recommendations on appropriate funding levels for the program based on such determination1 and an assessment of the contracts under this ,act that the ,secretary-- 7,a7 may include in the budget request of the ,department of the ,interior for each fiscal year2 7,b7 shall 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 ,education and the ,workforce of the ,house of ,representatives2 and 7iv7 the ,subcommittee on ,interior1 ,environment1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 and 7,c7 shall make publicly available4 7#b7 ,manner of preparation ,the ,secretary shall prepare the report under paragraph 7#a7 in a manner so as to prevent or minimize new administrative burdens on contracting parties receiving funds under this ,act4 7e7 ,hold harmless 7#a7 ,initial hold harmless 7,a7 ,in general ,except as provided under subparagraph 7,b7 and subject to subparagraphs 7,c7 and 7,d71 for a fiscal year1 an existing contracting party shall not receive an amount under this ,act that is less than the amount that such existing contracting party received under this ,act for the fiscal year preceding the date of enactment of the ,,jom ,modernization ,act4 7,b7 ,exceptions 7i7 ,in general ,an existing contracting party shall receive an amount under this ,act for a fiscal year that is less than the amount that the existing contracting party received under this ,act for the fiscal year preceding the date of enactment of the ,,jom ,modernization ,act1 if one or more of the following conditions is met3 7,i7 ,failure to report ,the existing contracting party failed to submit a complete report described in subsection 7c7 that was most recently due from the date of the determination4 7,,ii7 ,violations of contract or law ,the ,secretary has found that the existing contracting party has violated the terms of a contract entered into under this ,act or has otherwise violated ,federal law4 7,,iii7 ,student count decrease ,the number of eligible ,indian students reported by such existing contracting party under subsection 7c7 has decreased below the number of eligible ,indian students served by the existing contracting party in the fiscal year preceding the date of enactment of the ,,jom ,modernization ,act4 7ii7 ,amount of funding reduction for existing contracting parties reporting decreased student counts ,a reduction in an amount pursuant to clause 7i77,,iii7 shall not be done in such a manner that the existing contracting party receives an amount of funding per eligible ,indian student that is less than the amount of funding per eligible ,indian student such party received for the fiscal year preceding the date of enactment of the ,,jom ,modernization ,act4 7,c7 ,ratable reductions in appropriations ,if the funds available under this ,act for a fiscal year are insufficient to pay the full amounts that all existing contracting parties are eligible to receive under subparagraph 7,a7 for the fiscal year1 the ,secretary shall ratably reduce those amounts for the fiscal year4 7,d7 ,sunset ,this paragraph shall cease to be effective #d years after the date of enactment of the ,,jom ,modernization ,act4 7#b7 ,maximum decrease after #d years ,beginning #d years after the date of enactment of the ,,jom ,modernization ,act1 no contracting party shall receive for a fiscal year more than a #aj percent decrease in funding per eligible ,indian student from the previous fiscal year4 7f7 ,funding allocation and reform 7#a7 ,funding reform ,the ,secretary may make recommendations for legislation to increase the amount of funds available per eligible ,indian student through contracts under this ,act to equal to or greater than the amount of funds that were available per eligible ,indian student through contracts under this ,act for fiscal year #aiie1 and attempt to identify additional sources of funding that do not reallocate existing funds otherwise utilized by ,indian students served-- 7,a7 by the ,bureau of ,indian ,education2 or 7,b7 under title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdja et seq474 7#b7 ,increases in program funding 7,a7 ,in general ,subject to subsection 7e7 and subparagraph 7,b71 for any fiscal year for which the amount appropriated to carry out this ,act exceeds the amount appropriated to carry out this ,act for the preceding fiscal year1 the excess amounts shall-- 7i7 be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year2 and 7ii7 be allocated first to new contracting parties that did not receive their full per student funding allocation for the previous fiscal year4 7,b7 ,parity in funding ,subparagraph 7,a7 shall have no effect after the first fiscal year for which each contracting party receives their full per student funding allocation4 7g7 ,increased geographical and tribal participation in the ,johnson-,o',malley ,supplementary ,education ,program ,to the maximum extent practicable1 the ,secretary shall consult with ,indian tribes and contact ,state educational agencies1 local educational agencies1 and ,alaska ,native organizations that have not previously entered into a contract under this ,act-- 7#a7 to determine the interest of the ,indian tribes1 ,state educational agencies1 local educational agencies1 and ,alaska ,native organizations1 in entering into such contracts2 and 7#b7 to share information relating to the process for entering into a contract under this ,act4 7h7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of the ,,jom ,modernization ,act1 the ,secretary1 acting through the ,director of the ,bureau of ,indian ,education1 shall undertake and complete a rulemaking process1 following the provisions of subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 to-- 7,a7 determine how the regulatory definition of eligible ,indian student may be revised to clarify eligibility requirements for contracting parties under this ,act2 7,b7 determine1 as necessary1 how the funding formula described in section #bgc4ca of title #be1 ,code of ,federal ,regulations 7as in effect on the day before the date of enactment of the ,,jom ,modernization ,act7 may be clarified and revised to ensure full participation of contracting parties and provide clarity on the funding process under this ,act2 and 7,c7 otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under this ,act as of the date of enactment of the ,,jom ,modernization ,act4 7#b7 ,report ,not later than #cj days after the date the rulemaking under paragraph 7#a7 is complete1 the ,secretary shall submit a report to ,congress describing the results of such rulemaking and necessary recommendations to ensure the full implementation of such rulemaking4 7i7 ,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 in accordance with section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g74 7j7 ,,gao report ,not later than #ah months after the final report described in subsection 7b77#a77;,b77iv7 is published1 the ,comptroller ,general shall-- 7#a7 conduct a review of the implementation of this section during the preceding #b-year period1 including any factors impacting-- 7,a7 the accuracy of the determinations of the number of eligible ,indian students under this section2 7,b7 the communication between the ,bureau of ,indian ,education and contracting parties2 and 7,c7 the efforts by the ,bureau of ,indian ,education to ensure accurate and sufficient distribution of funding for ,indian students2 7#b7 submit a report describing the results of the review under paragraph 7#a7 to-- 7,a7 the ,committee on ,indian ,affairs of the ,senate2 7,b7 the ,subcommittee on ,interior1 ,environment1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 7,c7 the ,subcommittee on ,indian1 ,insular and ,alaska ,native ,affairs of the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,d7 the ,subcommittee on ,interior1 ,environment1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 and 7#c7 make such report publicly available4 7k7 ,effect ,nothing in this section-- 7#a7 creates a new program or duplicates program activities under this ,act2 or 7#b7 replaces or diminishes the effect of regulations to carry out this ,act existing on the day before the date of enactment of the ,,jom ,modernization ,act1 unless expressly provided in this section4 4 ,clerk4