S. 943Senate115th Congress (2017-2019)Enacted

Johnson-O'Malley Supplemental Indian Education Program Modernization Act

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Updated April 15, 2026 at 2:58 PM UTC

The Johnson‑O'Malley Supplemental Indian Education Program Modernization Act directs the Interior Secretary to create a precise count of eligible Indian students for the Johnson‑O'Malley education program, updates reporting and funding rules, and expands tribal participation. It affects tribal schools, state and local education agencies, and other entities that receive contracts under the program.

Key Provisions

Secretary must publish a preliminary student‑count report within 180 days of enactment using Census, NCES, or DOE data, reconcile it with existing contract data, allow a 60‑day comment period, and issue a final report within 120 days after comments
Contracting parties must annually report the number of eligible Indian students served and how contract funds were spent; failure to report results in loss of funding for the next fiscal year
Secretary must produce an annual public report to Congress with updated student counts, funding recommendations, and contract assessments
Hold‑harmless rule guarantees existing contracts receive at least the prior‑year funding amount unless they fail to report, violate contracts, or show a decreased student count; any funding cuts cannot lower per‑student funding below the previous level, and after four years cuts are limited to 10% per student
Funding reform lets the Secretary recommend increasing per‑student funding to at least 1995 levels and directs any excess appropriations first to under‑funded existing parties, then to new parties
Secretary must consult with tribes, state and local education agencies, and Alaska Native organizations to encourage broader participation in the program
Within one year, the Secretary must complete rulemaking to clarify the definition of “eligible Indian student” and revise funding formulas, then report the results to Congress within 30 days
GAO must conduct a review 18 months after the final student‑count report and submit findings to relevant congressional committees
All data collection and reporting must protect student privacy in accordance with FERPA

Legislative Activity

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24 earlier actions

Became Law Latest Action

Became Public Law No: 115-404.

December 31, 2018

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SenateIntro Referral

Introduced in Senate

April 26, 2017

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

Indian Affairs Committee

April 26, 2017

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 115-76.

Indian Affairs Committee

July 12, 2017

SenateCommittee

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Indian Affairs Committee

October 4, 2017

SenateCommittee

Committee on Indian Affairs. Reported by Senator Hoeven with an amendment in the nature of a substitute. With written report No. 115-201.

Indian Affairs Committee

January 24, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 295.

January 24, 2018

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S1972-1975)

March 22, 2018

SenateFloor

The committee substitute as amended agreed to by Unanimous Consent.

March 22, 2018

SenateFloor

Passed Senate with an amendment by Voice Vote. (text: CR S1974-1975)

March 22, 2018

SenateFloor

Message on Senate action sent to the House.

March 23, 2018

HouseFloor

Received in the House.

March 26, 2018 • 4:01 PM

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

Education and Workforce Committee

March 26, 2018

HouseFloor

Mr. Estes (KS) moved to suspend the rules and pass the bill, as amended.

December 11, 2018 • 12:18 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10039-10041)

December 11, 2018 • 12:19 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 943.

December 11, 2018 • 12:19 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H10039-10040)

December 11, 2018 • 12:26 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H10039-10040)

December 11, 2018 • 12:26 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 11, 2018 • 12:26 PM

SenateFloor

Message on House action received in Senate and at desk: House amendment to Senate bill.

December 12, 2018

SenateNot Used

Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 943 by Voice Vote.(consideration: CR S7887-7888)

December 19, 2018

SenateResolving Differences

Senate agreed to the House amendment to S. 943 by Voice Vote. (consideration: CR S7887-7888)

December 19, 2018

SenateFloor

Message on Senate action sent to the House.

December 20, 2018

President

Presented to President.

December 27, 2018

Became Law

Signed by President.

December 31, 2018

Became Law

Became Public Law No: 115-404.

December 31, 2018

Floor Debate

5 members

What members said about S. 943 on the floor

4 Republicans1 Democrat

Sen. John CornynR-TX · Oct 4, 2017

Mr. President, I have 17 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of…

Mr. President, I have 17 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders.

Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:

Committee on Banking, Housing and Urban Affairs

The Committee on Banking, Housing and Urban Affairs is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 10 a.m. to conduct a hearing entitled, ``An Examination of the Equifax cybersecurity breach.''

Committee on Commerce, Science and Transportation

The Committee on Commerce, Science, and Transportation is authorized to hold an Executive Session during the session of the Senate on Wednesday, October 4, 2017, at 10 a.m. in room Hart 216.

Committee on Environment and Public Works

The Committee on Environment and Public Works is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 10 a.m., in room Dirksen 406, to conduct a hearing on the following nominations: Michael Dourson, Matthew Leopold, David Ross, and William Wehrum to be Assistant Administrators of the Environmental Protection Agency; and Jeffery Baran to be a Member of the Nuclear Regulatory Commission.

Committee on Energy and Natural Resources

The Committee on Energy and Natural Resources is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, after the first vote scheduled at 11 a.m., in room S-216, to hold a business meeting to consider the following nominations: Bruce J. Walker and Steven E. Winberg, to be Assistant Secretaries of Energy.

Committee on Finance

The Committee on Finance is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 9:30 a.m., in room Dirksen 215, to consider favorably reporting the Keep Kids' Insurance Dependable and Secure (KIDS) Act of 2017.

Committee on Foreign Relations

The Committee on Foreign Relations is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 9:15 a.m., to hold a briefing ``Ordered Departure of Personnel from the U.S. Embassy in Havana, Cuba.''

Committee on Foreign Relations

The Committee on Foreign Relations is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 10:30 a.m., to hold a hearing on nominations.

Committee on Health, Education, Labor and Pensions

The Committee on Health, Education, Labor, and Pensions is authorized to meet, during the session of the Senate on Wednesday, October 4, 2017, at 3 p.m., in room Dirksen 406 to conduct a hearing entitled ``Department of Labor and National Labor Relations Board Nominations.''

Committee on Homeland Security and Governmental Affairs

The Committee on Homeland Security and Governmental Affairs is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 10 a.m. for a business meeting.

Committee on Indian Affairs

The Committee on Indian Affairs is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 2:30 p.m., in room Hart 216, to conduct a business meeting considering the following: S. 943, Johnson-O'Malley Supplemental Indian Education Program Modernization Act.

Committee on Indian Affairs

The Committee on Indian Affairs is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 2:30 p.m., in room Hart 216, to conduct an oversight hearing entitled ``Doubling Down on Indian Gaming: Examining New Issues and Opportunities for Success in the Next 30 years.''

Committee on Judiciary

The Committee on Judiciary is authorized to meet during the session of the Senate, on Wednesday, October 4, 2017, at 10 a.m., in room Dirksen 226 to conduct a hearing on nominations.

Committee on Veterans' Affairs

The Committee on Veterans' Affairs is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 2:30 p.m. to conduct a hearing on pending nominations.

Special Committee on Aging

The Special Committee on Aging is authorized to meet during the session of the Senate on Wednesday, October 4, 2017, at 9 a.m. in room Dirksen 562, to conduct a hearing ``Still Ringing off the Hook: An Update on Efforts to Combat Robocalls.''

Select Committee on Intelligence

The Select Committee on Intelligence is authorized to meet during the session of the Senate on Wednesday, October 4, 2017 at 2:30 p.m. in room Hart 219 to hold a closed briefing.

Subcommittee on Western Hemisphere

The Committee on Foreign Relations Subcommittee on Western Hemisphere is authorized to meet during the session of Senate on Wednesday, October 4, 2017, at 11 a.m., to hold a hearing ``The Future of Iraq's Minorities: What's Next after ISIS.''

Subcommittee on Privacy, Technology and the Law

The Committee on Judiciary Subcommittee on Privacy, Technology and the Law is authorized to meet during the session of Senate on Wednesday, October 4, 2017, at 2:30 p.m., in room Dirksen 226, to conduct a hearing ``Equifax: Continuing to Monitor Data-Broker Cybersecurity.''

Rep. Ron EstesR-KS-4 · Dec 11, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (S. 943) 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, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on S. 943.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today in support of S. 943, the Johnson-O'Malley Supplemental Indian Education Program Modernization Act.

The Johnson-O'Malley Program was first established in 1934 to support the unique educational needs of American Indian students. Through the program, Native students have access to tutoring, Native language classes, cultural activities, afterschool programming, books and supplies, and other programs and items to support their educational pursuits.

For American Indian students, this program could be a lifeline. The Johnson-O'Malley Program has the ability to make the difference in a student's life, and it is essential that we take strides to make this program as efficient and effective as possible. As it turns out, there is much work to be done.

The Bureau of Indian Education contracts with Tribes, Tribal organizations, and sometimes States and public school districts to distribute program funds. The Johnson-O'Malley Act stipulates that funds be distributed to contractors based on the count of American Indian students and average per-pupil operating costs. The formula makes sense, except for the fact that the most recent student counts are from 1995.

After the 1995 freeze, the BIE ceased collecting student data and all information regarding Johnson-O'Malley projects and program outcomes. This has allowed contractors to collect funds based on data from over 20 years old. This kind of program mismanagement deprives students of educational opportunity in schools where student populations have grown and wastes taxpayer dollars in schools where student counts have declined.

Since fiscal year 2012, Congress has directed the BIE to count the actual

number of students who are eligible for and participating in the Johnson-O'Malley Program and recommend a methodology to distribute funds in the future. Yet, to date, the BIE has not conducted an accurate student count.

S. 943 amends the Johnson-O'Malley Act to require the Department of the Interior to update its count of students who are served by the Johnson-O'Malley Program each year. The legislation strengthens program accountability and oversight by requiring program contractors to report the amounts and purposes for which funds are spent. This will provide sufficient information to conduct the necessary oversight of the program.

The bill also directs program facilitators to submit an annual program assessment report to Congress, and establishes a consultation process between the Secretary of the Interior and Tribal schools so that students may be better served.

We owe it to Native students to make this well-intentioned program as effective as it can be, and I urge my colleagues to support this legislation.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, as I mentioned, the last official count of eligible students was conducted in 1995, which determined that there were nearly 272,000 American Indian students who were qualified for the Johnson- O'Malley Program. However, in 2017, the Congressional Budget Office estimated that there were an additional 80,000 students who would qualify. Clearly, this bill is needed and overdue.

Currently, the program receives $14.9 million, annually, in funding. Modernization of this act will cost an estimated $13 million over the next 4 years. This is an important investment in the future of our country, and those students deserve our support.

This legislation improves and strengthens the Johnson-O'Malley Program, and I urge my colleagues to support S. 943.

Mr. Speaker, I yield back the balance of my time.

Rep. Raúl M. GrijalvaD-AZ-3 · Dec 11, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I also rise in support of S. 943, the Johnson-O'Malley Supplemental Indian Education Program Modernization Act. The abysmal…

Sen. James LankfordR-OK · Dec 19, 2018

Mr. President, I ask the Chair lay before the Senate the House message to accompany S. 943. The Presiding Officer laid before the Senate the following message from the House of Representatives:…

Sen. Mitch McConnellR-KY · Mar 22, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 295, S. 943. Mr. President, I ask unanimous consent that the Lankford amendment at the…

Bill Text

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Enrolled BillPublication date not provided

One Hundred Fifteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

S. 943

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 Act, and for other purposes.

Short title

This Act may be cited as the Johnson-O'Malley Supplemental Indian Education Program Modernization Act.

Indian education program student count update

The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly referred to as the Johnson-O’Malley Act) is amended by adding at the end the following:

Computation of student count

(a)

Definitions

For the purposes of this Act, the following definitions apply:

(1)

Contracting party

The term contracting party means an entity that has a contract through a program authorized under this Act.

(2)

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 Act, as outlined in section 1.

(3)

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 Act.

(4)

JOM Modernization Act

The term JOM Modernization Act means the Johnson-O’Malley Supplemental Indian Education Program Modernization Act.

(5)

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 Act.

(6)

Secretary

The term Secretary means the Secretary of the Interior.

(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 or potentially served by each eligible entity in accordance with subparagraph (B).

(B)

Process for making the initial determination

(i)

Preliminary report

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;

(II)

the National Center for Education Statistics; or

(III)

the Office of Indian Education of the Department of Education.

(ii)

Data reconciliation

To improve the accuracy of the preliminary report described in clause (i) prior to publishing, the Secretary shall reconcile the data described in the preliminary report with—

(I)

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 made; and

(II)

identifiable tribal enrollment information.

(iii)

Comment period

After publishing the preliminary report under clause (i) in accordance with clause (ii), the Secretary shall establish a 60-day comment period to gain feedback about the preliminary report from eligible entities, which the Secretary shall take into consideration in preparing the final report described in clause (iv).

(iv)

Final report

Not later than 120 days after concluding the consultation described in clause (iii), 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 entity, including justification for not including any feedback gained during such consultation, if applicable.

(2)

Subsequent academic years

For each academic year following the fiscal year for which an initial determination is made under paragraph (1) to determine the number of eligible Indian students served or potentially served by a contracting party, 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 (c).

(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 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. The report shall also include an accounting of the amounts and purposes for which the contract funds were expended.

(2)

Failure to comply

A contracting party that fails to submit a report under paragraph (1) shall receive no amounts under this Act for the fiscal year following the academic year for which the report should have been submitted.

(3)

Notice

The Secretary shall provide contracting parties with timely information relating to—

(A)

initial and final reporting deadlines; and

(B)

the consequences of failure to comply outlined in paragraph (2).

(4)

Technical assistance

The Secretary, acting through the Director of the Bureau of Indian Education, shall provide technical assistance and training on compliance with the reporting requirements of this subsection to contracting parties.

(d)

Annual report

(1)

In general

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)

shall submit to—

(i)

the Committee on Indian Affairs of the Senate;

(ii)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate;

(iii)

the Committee on Education and the Workforce of the House of Representatives; and

(iv)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and

(C)

shall make publicly available.

(2)

Manner of preparation

The Secretary shall prepare the report under paragraph (1) in a manner so as to prevent or minimize new administrative burdens on contracting parties receiving funds under this Act.

(e)

Hold harmless

(1)

Initial hold harmless

(A)

In general

Except as provided under subparagraph (B) and subject to subparagraphs (C) and (D), for a fiscal year, 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 Act.

(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 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:

(I)

Failure to report

The existing contracting party failed to submit a complete report described in subsection (c) that was most recently due from the date of the determination.

(II)

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 law.

(III)

Student count decrease

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.

(ii)

Amount of funding reduction for existing contracting parties reporting decreased student counts

A reduction in an amount pursuant to clause (i)(III) 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 Act.

(C)

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 (A) for the fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year.

(D)

Sunset

This paragraph shall cease to be effective 4 years after 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

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; or

(B)

under title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.).

(2)

Increases in program funding

(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; and

(ii)

be allocated first to new contracting parties that did not receive their full per student funding allocation for the previous fiscal year.

(B)

Parity in funding

Subparagraph (A) shall have no effect after the first fiscal year for which each contracting party receives their full per student funding allocation.

(g)

Increased geographical and tribal participation in the Johnson-O’Malley Supplementary Education Program

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; and

(2)

to share information relating to the process for entering into a contract under this Act.

(h)

Rulemaking

(1)

In general

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;

(B)

determine, as necessary, how the funding formula described in section 273.31 of title 25, Code of Federal Regulations (as in effect on the day before the date of enactment of the JOM Modernization Act) may be clarified and revised to ensure full participation of contracting parties and provide clarity on the funding process under this Act; and

(C)

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 Act.

(2)

Report

Not later 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)

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 (commonly referred to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g).

(j)

GAO report

Not later than 18 months after the final report described in subsection (b)(1)(B)(iv) is published, the Comptroller General shall—

(1)

conduct a review of the implementation of this section during the preceding 2-year period, including any factors impacting—

(A)

the accuracy of the determinations of the number of eligible Indian students under this section;

(B)

the communication between the Bureau of Indian Education and contracting parties; and

(C)

the efforts by the Bureau of Indian Education to ensure accurate and sufficient distribution of funding for Indian students;

(2)

submit a report describing the results of the review under paragraph (1) to—

(A)

the Committee on Indian Affairs of the Senate;

(B)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate;

(C)

the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and

(D)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and

(3)

make such report publicly available.

(k)

Effect

Nothing in this section—

(1)

creates a new program or duplicates program activities under this Act; or

(2)

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 Act, unless expressly provided in this section.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate