S 943 — Johnson-O'Malley Supplemental Indian Education Program Modernization Act

[Congressional[115th BillsCongress 115thPublic Congress]Law 404] [From the U.S.

Government Publishing Office] [S.[[Page 132 STAT.

9435349]] EngrossedPublic AmendmentLaw House115-404 (EAH)]115th <DOC>Congress InAn Act To direct the HouseSecretary of Representatives,the U.Interior to conduct an accurate comprehensive student count for the purposes of calculating formula allocations for programs under the Johnson-O'Malley Act, and for other purposes.

S.,<<NOTE: December 11, 2018.

Resolved,Dec. That the bill from the Senate (S.

943)31, entitled2018 ``An- Act[S. 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 Act, and for other purposes.'', do pass with the following AMENDMENT:

Strike943]>> outBe allit afterenacted by the enactingSenate clause and insert:House of Representatives of the United States of America in Congress assembled, <<NOTE:

SECTIONJohnson-O'Malley 1.Supplemental Indian Education Program Modernization Act.

25 USC 5301 note.>> SECTION 1.

COMPUTATION<<NOTE: OF STUDENT COUNT.

25 USC 5348.>> COMPUTATION OF STUDENT COUNT.

``(b) Determination of the Number of Eligible Indian Students.-- ``(1) Initial determinations.-- ``(A) In general.--The Secretary shall make an initial determination of the number of eligible Indian students served[[Page or132 potentiallySTAT. served by each eligible entity in accordance with subparagraph (B).

``(B)5350]] Process for making the initial determination.-- ``(i) Preliminary report.--Not later than days after the date of enactment of the JOM Modernization Act, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially served by each eligible entity,entity using the most applicable and accurate data (as determined by the Secretary in consultationaccordance with eligiblesubparagraph entities)(B). from the fiscal year preceding the fiscal year for which the initial determination is to be made from-- ``(I) the Bureau of the Census;

``(B) Process for making the initial determination.-- ``(i) Preliminary report <<NOTE:

Publication.

Consultation.>> .--Not later than 180 days after the date of enactment of the JOM Modernization Act, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially served by each eligible entity, using the most applicable and accurate data (as determined by the Secretary in consultation with eligible entities) from the fiscal year preceding the fiscal year for which the initial determination is to be made from-- ``(I) the Bureau of the Census;

``(c) Contracting Party Student Count Reporting Compliance.-- ``(1) In general.--For each academic year following the fiscal year for which an initial determination is made under subsection (b) to determine the number of eligible Indian students served or potentially served by a contracting party, the contracting[[Page party132 shallSTAT. 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 year.

5351]] 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 year.

``(d) Annual Report.-- ``(1) In general.--Thegeneral Secretary<<NOTE: shall prepare an annual report, including the most recent determination of the number of eligible Indian students served by each contracting party, recommendations on appropriate funding levels for the program based on such determination, and an assessment of the contracts under this Act that the Secretary-- ``(A) may include in the budget request of the Department of the Interior for each fiscal year;

Recommenda- tions.

Assessment.>> .--The Secretary shall prepare an annual report, including the most recent determination of the number of eligible Indian students served by each contracting party, recommendations on appropriate funding levels for the program based on such determination, and an assessment of the contracts under this Act that the Secretary-- ``(A) may include in the budget request of the Department of the Interior for each fiscal year;

``(B) Exceptions.-- ``(i) 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[[Page party132 receivedSTAT. under this Act for the fiscal year preceding the date of enactment of the JOM Modernization Act, if one or more of the following conditions is met:

5352]] contracting party received under this Act for the fiscal year preceding the date of enactment of the JOM Modernization Act, if one or more of the following conditions is met:

``(III) Student count decrease.--decrease.--The The number of eligible Indian students reported by such existing contracting party under subsection (c) 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 Act.

``(2) Maximum decrease after 4 years.--Beginning 4 years after the date of enactment of the JOM Modernization Act, no contracting party shall receive for a fiscal year more than a 10 percent decrease in funding per eligible Indian student from the previous fiscal year.

``(f) Funding Allocation and Reform.-- ``(1) Funding reform.--Thereform Secretary<<NOTE: 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 1995, and attempt to identify additional sources of funding that do not reallocate existing funds otherwise utilized by Indian students served-- ``(A) by the Bureau of Indian Education;

Recommenda- tions.>> .--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 1995, and attempt to identify additional sources of funding that do not reallocate existing funds otherwise utilized by Indian students served-- ``(A) by the Bureau of Indian Education;

``(2) Increases in program funding.-- ``(A)[[Page In132 general.--SubjectSTAT. to subsection (e) and subparagraph (B), 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 year, the excess amounts shall-- ``(i) be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year;

5353]] ``(A) In general.--Subject to subsection (e) and subparagraph (B), 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 year, the excess amounts shall-- ``(i) be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year;

``(g) Increased Geographical and Tribal Participation in the Johnson-O'Malley Supplementary Education Program.--ToProgram. the maximum extent practicable, the Secretary shall consult with Indian tribes and contact State educational agencies, local educational agencies, and Alaska Native organizations that have not previously entered into a contract under this Act-- ``(1) to determine the interest of the Indian tribes, State educational agencies, local educational agencies, and Alaska Native organizations, in entering into such contracts;

<<NOTE:

Consultation.>> --To the maximum extent practicable, the Secretary shall consult with Indian tribes and contact State educational agencies, local educational agencies, and Alaska Native organizations that have not previously entered into a contract under this Act-- ``(1) to determine the interest of the Indian tribes, State educational agencies, local educational agencies, and Alaska Native organizations, in entering into such contracts;

``(h) Rulemaking.-- ``(1) In general.--Notgeneral. later than 1 year after the date of enactment of the JOM Modernization Act, the Secretary, acting through the Director of the Bureau of Indian Education, shall undertake and complete a rulemaking process, following the provisions of subchapter II of chapter 5 of title 5, United States Code, to-- ``(A) determine how the regulatory definition of `eligible Indian student' may be revised to clarify eligibility requirements for contracting parties under this Act;

<<NOTE:

Deadline.

Determinations.>> --Not later than 1 year after the date of enactment of the JOM Modernization Act, the Secretary, acting through the Director of the Bureau of Indian Education, shall undertake and complete a rulemaking process, following the provisions of subchapter II of chapter 5 of title 5, United States Code, to-- ``(A) determine how the regulatory definition of `eligible Indian student' may be revised to clarify eligibility requirements for contracting parties under this Act;

``(2) Report.--NotReport later<<NOTE: than 30 days after the date the rulemaking under paragraph (1) is complete, the Secretary shall submit a report to Congress describing the results of such rulemaking and necessary recommendations to ensure the full implementation of such rulemaking.

``(i)Recommenda- Studenttions.>> Privacy.--The.--Not Secretarylater shallthan ensuredays thatafter datathe isdate collectedthe andrulemaking each report is prepared under thisparagraph section(1) inis acomplete, manner that protects the rightsSecretary ofshall eligiblesubmit Indiana studentsreport into accordanceCongress withdescribing sectionthe 444results of thesuch Generalrulemaking Educationand Provisionsnecessary Actrecommendations (commonly referred to asensure the Familyfull Educationalimplementation Rights and Privacy Act of 1974)such (20rulemaking. U.S.C.

``(i) 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 444 of the General Education Provisions Act [[Page 132 STAT.

5354]] (commonly referred to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C.