S.Amdt. 2123

SA 2123. Mr. UDALL (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment SA 2089 submitted by Mr.
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to
reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves; which was ordered to lie on the
table; as follows:

After section 9102, insert the following:

SEC. ____. RESERVATIONS FOR BUREAU OF INDIAN EDUCATION.

Part A of title IX (20 U.S.C. 7801 et seq.) is amended by
adding at the end the following:

``SEC. 9104. RESERVATIONS FOR BUREAU OF INDIAN EDUCATION.

``(a) BIE Reservations for Formula-based Education
Programs.--
``(1) In general.--The Secretary shall ensure that any
formula-based education program provides a reservation, in
the amount described in paragraph (2), for the Bureau of
Indian Education to be used in accordance with paragraph (3)
on behalf of the schools or programs, as applicable, operated
or funded by the Bureau of Indian Education.
``(2) Amount of reservation.--
``(A) Increasing bie reservations of less than 0.5
percent.--In the case of a formula-based education program
that requires by law (including any regulation) reservation
of program funds for the Bureau of Indian Education in an
amount less than 0.5 percent of the total amount available to
carry out the formula-based education program for a fiscal
year, the Secretary shall increase the amount of such
reservation to 0.5 percent of such total amount for such
year.
``(B) Maintaining bie reservations equal to or greater than
0.5 percent.--In the case of a formula-based education
program that requires by law (including any regulation) a
reservation of program funds for the Bureau of Indian
Education in an amount equal to or greater than 0.5 percent
of the total amount available to carry out the formula-based
education program for a fiscal year, the Secretary shall
reserve the amount of funds required by such law for the
Bureau for such year.
``(C) Establishing bie reservations for other formula-based
education programs.--In the case of a formula-based education
program for which no funds are provided or reserved by law
(including any regulation) by the Secretary for the Bureau of
Indian Education or for schools operated or funded by the
Bureau, the Secretary shall reserve 0.5 percent of the total
amount available to carry out the formula-based education
program for the Bureau of Indian Education.
``(3) Use of reserved funds.--The Bureau of Indian
Education shall use any funds reserved under a formula-based
education program for the purposes and uses provided under
such program.
``(b) Requirements for Competitive Education Programs.--
``(1) In general.--With respect to any competitive
education program, the Secretary shall deem the Bureau of
Indian Education

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to be a State or State educational agency, as applicable, for
purposes of applying for and receiving a grant, contract, or
other assistance under the program, and shall allow the
Bureau to use funds provided under the competitive education
program to carry out the purposes and activities and services
provided by the program for the schools or programs, as
applicable, operated or funded by the Bureau.
``(2) Technical assistance.--For each competitive education
program, the Secretary may reserve not more than 0.5 percent
of the total amount appropriated for the program for a fiscal
year for technical assistance or capacity-building to assist
the Bureau of Indian Education, and schools or programs
operated or funded by the Bureau of Indian Education, in
building the capacity and expertise needed to compete and
qualify for assistance under the program.
``(3) Nonapplicability of certain provisions.--
Notwithstanding any other provision of law, the Bureau of
Indian Education, when applying for or receiving a grant,
contract, or assistance under a competitive education
program, shall not be subject to any provision of the program
that requires grant recipients to contribute funds toward the
costs of the grant program.
``(c) Definitions.--In this section:
``(1) Formula-based education program.--The term `formula-
based education program' means any program administered by
the Secretary under this Act that--
``(A) awards grants, contracts, or other assistance
relating to early childhood, elementary, or secondary
education to States or State educational agencies; and
``(B) allocates the program funds by statutory or
regulatory formula.
``(2) Competitive education program.--The term `competitive
education program' means any program administered by the
Secretary under this Act that--
``(A) awards grants, contracts, or other assistance
relating to early childhood, elementary, or secondary
education to States or State educational agencies on a
competitive basis; and
``(B) does not contain any type of reservation of funds for
the Bureau of Indian Education or the schools operated or
funded by the Bureau of Indian Education.
``(d) Relationship to Other Laws.--In the event of a
conflict between this section and any law regarding a
formula-based education program or competitive education
program, this section shall control.''.
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