,,ii #aaeth ,,congress #ast ,session ,s4 #idc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bf1 #bjag ,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 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 purposes4 #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 ,act71 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 ,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#c7 ,,jom ,modernization ,act ,the term ,,jom ,modernization ,act means the ,johnson-,o',malley ,supplemental ,indian ,education ,program ,modernization ,act4 7#d7 ,new applicant ,the term new applicant means an entity that applies to participate in a contract under this ,act after the date of enactment of the ,,jom ,modernization ,act but not later than #bdj days after such date of enactment4 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 ,in general ,except as provided in subsection 7f7 and pursuant to subsection 7g71 the ,secretary shall determine the amount that a contracting party receives under such contract for any fiscal year in accordance with-- 7#a7 the distribution 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 and future iterations of the formula as determined by the ,bureau of ,indian ,education in consultation with ,indian tribes and contracting parties2 and 7#b7 the number of eligible ,indian students served or potentially served by the contracting party1 as determined by the ,secretary in accordance with subsection 7c74 7c7 ,determination of the number of eligible ,indian students 7#a7 ,initial determinations for existing contracting parties 7,a7 ,in general ,the ,secretary shall make an initial determination of the number of eligible ,indian students served by each existing contracting party 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 by each existing contracting party1 using the most applicable and accurate data 7as determined by the ,secretary in consultation with existing contracting parties7 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 evaluation 7,i7 ,in general ,after publishing the preliminary report under clause 7i71 the ,secretary shall evaluate the accuracy of the findings contained in such report4 7,,ii7 ,consultation ,to inform the evaluation described in subclause 7,i71 the ,secretary shall establish a #fj-;day comment period to gain feedback about the preliminary report from existing contracting parties4 7,,iii7 ,data reconciliation ,to evaluate the accuracy of the preliminary report and through the consultation process required under subclause 7,,ii71 the ,secretary shall reconcile the data described in the preliminary report with-- 7aa7 the existing contracting party's data regarding the number of eligible ,indian students served by that existing contracting party for the fiscal year preceding the fiscal year for which the initial determination is made2 and 7bb7 identifiable tribal enrollment information4 7iii7 ,final report ,not later than #abj days after concluding the consultation described in clause 7ii77,,ii71 the ,secretary shall publish a final report on the initial determination of the number of eligible ,indian students served by each existing contracting party4 7,c7 ,technical assistance ,the ,secretary1 acting through the ,director of the ,bureau of ,indian ,education1 shall provide existing contracting parties with technical assistance relating to the receipt and provision of information on the number of eligible ,indian students served by the existing contracting party4 7#b7 ,initial determinations for new applicants 7,a7 ,in general ,for the purposes of making an initial determination of the number of potentially eligible ,indian students to be served by each new applicant1 the ,secretary shall publish a report in accordance with subparagraph 7,b74 7,b7 ,process for making the initial determination ,to determine the number of potentially eligible ,indian students to be served by new applicants1 the ,secretary shall-- 7i7 include in the report the respective total eligible ,indian student counts for each new applicant1 as reported by the applicant during the application process1 and other pertinent information1 as determined by the ,secretary2 and 7ii7 publish the report described in clause 7i7 on the same date the final report described in paragraph 7#a77;,b77iii7 is published4 7#c7 ,subsequent academic years ,for each academic year following the fiscal year for which an initial determination is made under paragraphs 7#a7 and 7#b71 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 7d74 7d7 ,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 7c71 each 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 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 7e7 ,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 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 and 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 ,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 so as to prevent or minimize new administrative burdens on contracting parties receiving funds under this ,act4 7f7 ,hold harmless 7#a7 ,in general ,except as provided under paragraph 7#b7 and subject to paragraph 7#c71 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 7,a7 ,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 7i7 ,failure to report ,the existing contracting party failed to submit the report described in subsection 7d7 that was most recently due from the date of the determination4 7ii7 ,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 7iii7 ,student count decrease ,the number of eligible ,indian students reported by such existing contracting party under subsection 7d7 has decreased below the number of eligible ,indian students identified in the initial determination with respect to the existing contracting party under subsection 7c77#a74 7,b7 ,amount of funding reduction for existing contracting parties reporting decreased student counts ,a reduction in an amount pursuant to subparagraph 7,a77iii7 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 ,sunset ,this subsection shall cease to be effective at the beginning of the fiscal year after the first fiscal year for which new contracting parties receive an amount of funding per eligible ,indian student that is equal to or greater than the amount of funding per eligible ,indian student received by existing contracting parties for the fiscal year preceding the date of enactment of the ,,jom ,modernization ,act4 7g7 ,funding allocation and reform 7#a7 ,present day per student funding allocation ,not later than #fj days after an initial determination is made under subsection 7c71 the ,secretary shall establish1 in consultation with contracting parties1 a present day per student funding allocation that shall serve as a funding baseline under this ,act4 7#b7 ,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#c7 ,increases in program funding 7,a7 ,in general ,subject to subsection 7f7 and subparagraphs 7,b7 and 7,c71 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 have not received their full per student funding allocation as determined pursuant to paragraph 7#a72 and 7ii7 be allocated first to new contracting parties that have not received their full per student funding allocation as determined pursuant to paragraph 7#a74 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 allocation as determined pursuant to paragraph 7#a74 7,c7 ,future allocations ,allocations of appropriations for fiscal years after the first fiscal year for which each contracting party receives their full per student funding allocation as determined pursuant to paragraph 7#a7 shall be made at the discretion of the ,secretary1 in consultation with ,indian tribes and contracting parties4 7h7 ,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 agencies and local educational agencies that have not previously entered into a contract under this ,act-- 7#a7 to determine the interest of the ,indian tribes and ,state educational agencies and local educational agencies in entering into such contracts2 and 7#b7 to share information relating to the process for entering into a contract under this ,act4 7i7 ,rulemaking ,not later than one 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 7j7 ,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 7k7 ,,gao report ,not later than #b years after the date of enactment of the ,,jom ,modernization ,act1 the ,comptroller ,general shall-- 7#a7 conduct a review of the implementation of this section during the preceding two-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 7l7 ,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