(1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided. "(c) DEFINITION. For the purpose of this section, the term 'average per-pupil expenditure of a State' means an amount equal to "(1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by "(2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year. "(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.-(1) Subject to subsection (e), in addition to the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of— "(A) the total number of Indian children enrolled in schools that are operated by"(i) the Bureau of Indian Affairs; or "(ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988; and "(B) the greater of— "(i) the average per-pupil expenditure of the State in which the school is located; or "(ii) 80 percent of the average per-pupil expenditure in the United States. "(2) Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with section 9114, and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to section 9114(c)(4), section 9118(c), or section 9119. "(e) RATABLE REDUCTIONS.-If the sums appropriated for any fiscal year under section 9162(a) are insufficient to pay in full the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced. "SEC. 9114. APPLICATIONS. "(a) APPLICATION REQUIRED.-Each local educational agency that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. "(b) COMPREHENSIVE PROGRAM REQUIRED.— Each application submitted under subsection (a) shall include a comprehensive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that "(1) provides programs and activities to meet the culturally related academic needs of American Indian and Alaska Native students: "(2)(A) is consistent with State and local plans under other provisions of this Act; and "(B) includes academic content and student performance goals for such children, and benchmarks for attaining such goals, that are based on the challenging State standards under title I; "(3) explains how Federal, State, and local programs, especially under title I, will meet the needs of such students; "(4) demonstrates how funds made available under this subpart will be used for activities described in section 9115; "(5) describes the professional development opportunities that will be provided, as needed, to ensure that "(A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and "(B) all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs; and "(6) describes how the local educational agency “(A) will periodically assess the progress of all Indian children enrolled in the schools of the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2); "(B) will provide the results of each assessment referred to in subparagraph (A) to— "(i) the committee of parents described in subsection (c)(4); and "(ii) the community served by the local educational agency; and "(C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A). "(c) ASSURANCES.-Each application submitted under subsection (a) shall include assurances that "(1) the local educational agency will use funds received under this subpart only to supplement the level of funds that, in the absence of the Federal funds made available under this subpart, such agency would make available for the education of Indian children, and not to supplant such funds; "(2) the local educational agency will submit such reports to the Secretary, in such form and containing such information, as the Secretary may require to "(A) carry out the functions of the Secretary under this subpart; and "(B) determine the extent to which funds provided to the local educational agency under this subpart are effective in improving the educational achievement of Indian students served by such agency; "(3) the program for which assistance is sought "(A) is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the American Indian and Alaska Native students to whom the local educational agency is providing an education; “(B) will use the best available talents and resources, including individuals from the Indian community; and "(C) was developed by such agency in open consultation with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including public hearings held by such agency to provide the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; and "(4) the local educational agency developed the program with the participation and written approval of a committee “(A) that is composed of, and selected by"(i) parents of Indian children in the local educational agency's schools and teachers; and "(ii) if appropriate, Indian students attending secondary schools; "(B) a majority of whose members are parents of Indian children; "(C) that sets forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and representatives of the area, to be served; "(D) with respect to an application describing a schoolwide program in accordance with section 9115(c), has "(i) reviewed in a timely fashion the program; and "(ii) determined that the program will not diminish the availability of culturally related activities for American Indian and Alaskan Native students; and "(E) has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws. "SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES. "(a) GENERAL REQUIREMENTS.-Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 9111, for services and activities that "(1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 9114(b); "(2) are designed with special regard for the language and cultural needs of the Indian students; and "(3) supplement and enrich the regular school program of such agency. "(b) PARTICULAR ACTIVITIES.-The services and activities referred to in subsection (a) may include "(1) culturally related activities that support the program described in the application submitted by the local educational agency; "(2) early childhood and family programs that emphasize school readiness; "(3) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State content standards and State student performance standards; "(4) integrated educational services in combination with other programs that meet the needs of Indian children and their families; "(5) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Vocational and Technical Education Act of 1998, including programs for tech-prep, mentoring, and apprenticeship; "(6) activities to educate individuals concerning substance abuse and to prevent substance abuse; "(7) the acquisition of equipment, but only if the acquisition of the equipment is essential to meet the purposes described in section 9111; and "(8) family literacy services. "(c) SCHOOLWIDE PROGRAMS. Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 1114 if— "(1) the committee composed of parents established pursuant to section 9114(c)(4) approves the use of the funds for the schoolwide program; and "(2) the schoolwide program is consistent with the purposes described in section 9111. (d) LIMITATION ON ADMINISTRATIVE COSTS. Not more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes. "SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED. "(a) PLAN.-An entity receiving funds under this subpart may submit a plan to the Secretary for the integration of education and related services provided to Indian students. "(b) COORDINATION OF PROGRAMS.-Upon the receipt of an acceptable plan, the Secretary, in cooperation with each Federal agency providing grants for the provision of education and related services to the applicant, shall authorize the applicant to coordinate, in accordance with such plan, its federally funded education and related services programs, or portions thereof, serving Indian students in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. "(c) PROGRAMS AFFECTED.-The funds that may be consolidated in a demonstration project under any such plan referred to in subsection (b) shall include funds for any Federal program exclusively serving Indian children or the funds reserved under any program to exclusively serve Indian children under which the applicant is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related services which would be used to serve Indian students. "(d) PLAN REQUIREMENTS.-For a plan to be acceptable pursuant to subsection (b), it shall "(1) identify the programs or funding sources to be consolidated; "(2) be consistent with the purposes of this section authorizing the services to be integrated in a demonstration project; "(3) describe a comprehensive strategy which identifies the full range of potential educational opportunities and related services to be provided to assist Indian students to achieve the goals set forth in this subpart; "(4) describe the way in which services are to be integrated and delivered and the results expected from the plan; "(5) identify the projected expenditures under the plan in a single budget; "(6) identify the local, State, or tribal agency or agencies to be involved in the delivery of the services integrated under the plan; "(7) identify any statutory provisions, regulations, policies, or procedures that the applicant believes need to be waived in order to implement its plan; "(8) set forth measures of student achievement and performance goals designed to be met within a specified period of time; and "(9) be approved by a parent committee formed in accordance with section 9114(c)(4), if such a committee exists. "(e) PLAN REVIEW.-Upon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used. to implement the plan, and with the entity submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable the applicant to implement its plan. Notwithstanding any other provision of law, the Secretary of the affected department or departments shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified by the applicant or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the intent of this subpart or those provisions of the statute from which the program involved derives its authority which are specifically applicable to Indian students. "(f) PLAN APPROVAL.-Within 90 days after the receipt of an applicant's plan by the Secretary, the Secretary shall inform the applicant, in writing, of the Secretary's approval or disapproval of the plan. If the plan is disapproved, the applicant shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend its plan or to petition the Secretary to reconsider such disapproval. "(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.-Not later than 180 days after the date of the enactment of the Student Results Act of 1999, the Secretary of Education, the Secretary of the Interior, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation of the demonstration projects authorized under this section. The lead agency head for a demonstration program under this section shall be "(1) the Secretary of the Interior, in the case of applicant meeting the definition of contract or grant school under title XI of the Education Amendments of 1978; or "(2) the Secretary of Education, in the case of any other applicant. "(h) RESPONSIBILITIES OF LEAD AGENCY.The responsibilities of the lead agency shall include "(1) the use of a single report format related to the plan for the individual project which shall be used by an eligible entity to report on the activities undertaken under the project; "(2) the use of a single report format related to the projected expenditures for the individual project which shall be used by an eligible entity to report on all project expenditures; "(3) the development of a single system of Federal oversight for the project, which shall be implemented by the lead agency; and "(4) the provision of technical assistance to an eligible entity appropriate to the project, except that an eligible entity shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance provider. "(i) REPORT REQUIREMENTS.-A single report format shall be developed by the Secretary, consistent with the requirements of this section. Such report format, together with records maintained on the consolidated program at the local level, shall contain such information as will allow a determination that the eligible entity has complied with the requirements incorporated in its approved plan, including the demonstration of student achievement, and will provide assurances to each Secretary that the eligible entity has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements which have not been waived. "(j) NO REDUCTION IN AMOUNTS.-In no case shall the amount of Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this section. "(k) INTERAGENCY FUND TRANSFERS AUTHORIZED. The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an eligible entity in order to further the purposes of this section. “(1) ADMINISTRATION OF FUNDS.— "(1) IN GENERAL.-Program funds shall be administered in such a manner as to allow for a determination that funds from specific a program or programs are spent on allowable activities authorized under such program, except that the eligible entity shall determine the proportion of the funds granted which shall be allocated to such program. "(2) SEPARATE RECORDS NOT REQUIRED.— Nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under its approved plan to the individual programs under which funds were authorized, nor shall the eligible entity be required to allocate expenditures among such individual programs. "(m) OVERAGE.-All administrative costs may be commingled and participating entities shall be entitled to the full amount of such costs (under each program or department's regulations), and no overage shall be counted for Federal audit purposes, provided that the overage is used for the purposes provided for under this section. "(n) FISCAL ACCOUNTABILITY.-Nothing in this part shall be construed so as to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to the Single Audit Act of 1984. "(0) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION. "(1) PRELIMINARY REPORT.-Not later than 2 years after the date of the enactment of the Student Results Act of 1999, the Secretary of Education shall submit a preliminary report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the status of the implementation of the demonstration program authorized under this section. "(2) FINAL REPORT.-Not later than 5 years after the date of the enactment of the Student Results Act of 1999, the Secretary of Education shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the results of the implementation of the demonstration program authorized under this section. Such report shall identify statutory barriers to the ability of participants to integrate more effectively their education and related services to Indian students in a manner consistent with the purposes of this section. "(p) DEFINITIONS.-For the purposes of this section, the term 'Secretary' means— "(1) the Secretary of the Interior, in the case of applicant meeting the definition of contract or grant school under title XI of the Education Amendments of 1978; or "(2) the Secretary of Education, in the case of any other applicant. "SEC. 9117. STUDENT ELIGIBILITY FORMS. "(a) IN GENERAL.-The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart and that otherwise meets the requirements of subsection (b). "(b) FORMS. "(1) IN GENERAL.-The form described in subsection (a) shall include"(A) either “(i)(I) the name of the tribe or band of Indians (as described in section 9161(3)) with respect to which the child claims membership; "(II) the enrollment number establishing the membership of the child (if readily available); and "(III) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or "(ii) if the child is not a member of a tribe or band of Indians, the name, the enrollment number (if readily available), and the organization (and address thereof) responsible for maintaining updated and accurate membership rolls of the tribe of any parent or grandparent of the child from whom the child claims eligibility; "(B) a statement of whether the tribe or band of Indians with respect to which the child, parent, or grandparent of the child claims membership is federally recognized; "(C) the name and address of the parent or legal guardian of the child; "(D) a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied; and "(E) any other information that the Secretary considers necessary to provide an accurate program profile. "(2) MINIMUM INFORMATION.-In order for a child to be eligible to be counted for the purpose of computing the amount of a grant award made under section 9113, an eligibility form prepared pursuant to this section for a child shall include "(A) the name of the child; "(B) the name of the tribe or band of Indians (as described in section 9161(3)) with respect to which the child claims eligibility; and "(C) the dated signature of the parent or guardian of the child. "(3) FAILURE.-The failure of an applicant to furnish any information described in this subsection other than the information described in paragraph (2) with respect to any child shall have no bearing on the determination of whether the child is an eligible Indian child for the purposes of determining the amount of a grant award made under section 9113. "(c) STATUTORY CONSTRUCTION.-Nothing in this section shall be construed to affect a definition contained in section 9161. "(d) FORMS AND STANDARDS OF PROOF.— The forms and the standards of proof (including the standard of good faith compliance) that were in use during the 1985-1986 academic year to establish the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act shall be the forms and standards of proof used "(1) to establish such eligibility; and "(2) to meet the requirements of subsection (a). "(e) DOCUMENTATION.-For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant under section 9113, the membership of the child, or any parent or grandparent of the child, in a tribe or band. of Indians may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. "(f) MONITORING AND VIEW. EVALUATION RE “(1) IN GENERAL.—(A) For each fiscal year, in order to provide such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted under this subparagraph shall take into account the size of the local educational agency and the geographic location of such agency. "(B) A local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act. "(2) FALSE INFORMATION.-Any local educational agency that provides false information in an application for a grant under this subpart shall "(A) be ineligible to apply for any other grant under this part; and "(B) be liable to the United States for any funds that have not been expended. "(3) EXCLUDED CHILDREN.-A student who provides false information for the form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 9113. "(g) TRIBAL GRANT AND CONTRACT SCHOOLS. Notwithstanding any other provision of this section, in awarding funds under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Affairs, the Secretary shall use only one of the following, as selected by the school: "(1) A count of the number of students in those schools certified by the Bureau. "(2) A count of the number of students for whom the school has eligibility forms that comply with this section. "(h) TIMING OF CHILD COUNTS.-For purposes of determining the number of children to be counted in calculating the amount of a local educational agency's grant under this subpart (other than in the case described in subsection (g)(1)), the local educational agency shall "(1) establish a date on, or a period not longer than 31 consecutive days during which, the agency counts those children, so long as that date or period occurs before the deadline established by the Secretary for submitting an application under section 9114; and "(2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that date or during that period, as the case may be. "SEC. 9118. PAYMENTS. "(a) IN GENERAL.-Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 9113. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment. "(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE. The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this subpart in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year. "(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL EFFORT. "(1) IN GENERAL.-The Secretary may not pay a local educational agency the full amount of a grant award determined under section 9113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines that, with respect to the provision of free public education by the local educational agency for the preceding fiscal year, the combined fiscal effort of the local educational agency and the State, computed on either a per student or aggregate expenditure basis, was not less than 90 percent of the amount of the combined fiscal effort, computed on same basis, for the second preceding fiscal year. "(2) FAILURE TO MAINTAIN EFFORT.-If, for any fiscal year, the Secretary determines that a local educational agency failed to maintain the fiscal effort of such agency at the level specified in paragraph (1), the Secretary shall— "(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the exact proportion of such agency's failure to maintain its fiscal effort at such level; and "(B) not use the reduced amount of the agency's expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1). "(3) WAIVER.-(A) The Secretary may waive the requirement of paragraph (1), for not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency's financial re sources. "(B) The Secretary shall not use the reduced amount of such agency's expenditures for the fiscal year preceding the fiscal year for which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1) in the absence of the waiver. "(d) REALLOCATIONS.-The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that— "(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or "(2) otherwise become available for reallocation under this subpart. "SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW. "Before submitting an application to the Secretary under section 9114, a local educational agency shall submit the application to the State educational agency, which may comment on such application. If the State educational agency comments on the application, it shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond. "Subpart 2-Special Programs and Projects To Improve Educational Opportunities for Indian Children "SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHIL DREN. "(a) PURPOSE. "(1) IN GENERAL.-It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children. "(2) COORDINATION.-The Secretary shall take such actions as are necessary to achieve the coordination of activities assisted under this subpart with "(A) other programs funded under this Act; and "(B) other Federal programs operated for the benefit of American Indian and Alaska Native children. “(b) ELIGIBLE ENTITIES. For the purpose of this section, the term 'eligible entity' means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary and secondary school for Indian students, Indian institution, including an Indian institution of higher education, or a consortium of such institutions. "(c) GRANTS AUTHORIZED.— "(1) IN GENERAL.-The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose specified in subsection (a)(1), including "(A) innovative programs related to the educational needs of educationally disadvantaged children; "(B) educational services that are not available to such children in sufficient quantity or quality, including remedial instruc tion, to raise the achievement of Indian children in one or more of the core academic subjects of English, mathematics, science, foreign languages, art, history, and geography; “(C) bilingual and bicultural programs and projects; "(D) special health and nutrition services, and other related activities, that address the unique health, social, and psychological problems of Indian children; "(E) special compensatory and other programs and projects designed to assist and encourage Indian children to enter, remain in, or reenter school, and to increase the rate of secondary school graduation; "(F) comprehensive guidance, counseling, and testing services; "(G) early childhood and kindergarten programs, including family-based preschool programs that emphasize school readiness and parental skills, and the provision of services to Indian children with disabilities; "(H) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary school to postsecondary education; "(I) partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill, high-wage career; "(J) programs designed to encourage and assist Indian students to work toward, and gain entrance into, an institution of higher education; "(K) family literacy services; or "(L) other services that meet the purpose described in subsection (a)(1). "(2) PROFESSIONAL DEVELOPMENT.-Professional development of teaching professionals and paraprofessional may be a part of any program assisted under this section. "(d) GRANT REQUIREMENTS AND APPLICATIONS. "(1) GRANT REQUIREMENTS. (A) The Secretary may make multiyear grants under this section for the planning, development, pilot operation, or demonstration of any activity described in subsection (c) for a period not to exceed 5 years. "(B) In making multiyear grants under this section, the Secretary shall give priority to applications that present a plan for combining two or more of the activities described in subsection (c) over a period of more than 1 year. "(C) The Secretary shall make a grant payment to an eligible entity after the initial year of the multiyear grant only if the Secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted under the grant in accordance with the application submitted under paragraph (2) and any subsequent modifications to such application. "(D)(i) In addition to awarding the multiyear grants described in subparagraph (A), the Secretary may award grants to eligible entities for the dissemination of exemplary materials or programs assisted under this section. "(ii) The Secretary may award a dissemination grant under this subparagraph if, prior to awarding the grant, the Secretary determines that the material or program to be disseminated has been adequately reviewed and has demonstrated "(I) educational merit; and (2) APPLICATION.-(A) Any eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. "(B) Each application submitted to the Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (1)(D), shall contain "(i) a description of how parents of Indian children and representatives of Indian tribes have been, and will be, involved in developing and implementing the activities for which assistance is sought; "(ii) assurances that the applicant will participate, at the request of the Secretary, in any national evaluation of activities assisted under this section; "(iii) information demonstrating that the proposed program is either a research-based program (which may be a research-based program that has been modified to be culturally appropriate for the students who will be served): "(iv) a description of how the applicant will incorporate the proposed services into the ongoing school program once the grant period is over; and "(v) such other assurances and information as the Secretary may reasonably require. "(e) ADMINISTRATIVE COSTS.-Not than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes. "SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. “(a) PURPOSES.-The purposes of this section are "(1) to increase the number of qualified Indian individuals in teaching or other education professions that serve Indian people; (2) to provide training to qualified Indian individuals to enable such individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and "(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2). "(b) ELIGIBLE ENTITIES.-For the purpose of this section, the term 'eligible entity' means "(1) an institution of higher education, including an Indian institution of higher education; "(2) a State or local educational agency, in consortium with an institution of higher education; and “(3) an Indian tribe or organization, in consortium with an institution of higher education. "(c) PROGRAM AUTHORIZED.-The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such entities to carry out the activities described in subsection (d). **(d) AUTHORIZED ACTIVITIES.— "(1) IN GENERAL.-Grant funds under this section shall be used to provide support and training for Indian individuals in a manner consistent with the purposes of this section. Such activities may include but are not limited to, continuing programs, symposia, workshops, conferences, and direct financial support. "(2) SPECIAL RULES.-(A) For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training. "(B) For individuals who are being trained to enter any field other than teaching, the training received pursuant to a grant under this section shall be in a program that results in a graduate degree. "(e) APPLICATION.-Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner and accompanied by such information, as the Secretary may reasonably require. "(f) SPECIAL RULE.-In making grants under this section, the Secretary (1) shall consider the prior performance of the eligible entity; and "(2) may not limit eligibility to receive a grant under this section on the basis of (A) the number of previous grants the Secretary has awarded such entity; or (B) the length of any period during which such entity received such grants. "(g) GRANT PERIOD.-Each grant under this section shall be awarded for a period of not more than 5 years. "(h) SERVICE OBLIGATION.— **(1) IN GENERAL.-The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section "(A) perform work "(i) related to the training received under this section; and "(ii) that benefits Indian people; or "(B) repay all or a prorated part of the assistance received. (2) REPORTING.-The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning the compliance of such recipient with the work requirement under paragraph (1). "Subpart 3-National Research Activities "SEC. 9141. NATIONAL ACTIVITIES. "(a) AUTHORIZED ACTIVITIES.-The Secretary may use funds made available under section 9162(b) for each fiscal year to "(1) conduct research related to effective approaches for the education of Indian children and adults; (2) evaluate federally assisted education programs from which Indian children and adults may benefit; (3) collect and analyze data on the educational status and needs of Indians; and "(4) carry out other activities that are consistent with the purpose of this part. "(b) ELIGIBILITY.-The Secretary may carry out any of the activities described in subsection (a) directly or through grants to. or contracts or cooperative agreements with Indian tribes, Indian organizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies and institutions. "(c) COORDINATION.-Research activities supported under this section "(1) shall be carried out in consultation with the Office of Educational Research and Improvement to assure that such activities are coordinated with and enhance the research and development activities supported by the Office; and (2) may include collaborative research activities which are jointly funded and carried out by the Office of Indian Education Programs and the Office of Educational Research and Improvement. "Subpart 4-Federal Administration “SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. (a) MEMBERSHIP. There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the 'Council'), which shall "(1) consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time-totime, by Indian tribes and organizations; and "(2) represent different geographic areas of the United States. (b) DUTIES.-The Council shall"(1) advise the Secretary concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established under this part "(A) with respect to which the Secretary has jurisdiction; and "(B)(i) that includes Indian children or adults as participants; or "(ii) that may benefit Indian children or adults; "(2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and "(3) submit to the Congress, not later than June 30 of each year, a report on the activities of the Council, including "(A) any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and "(B) recommendations concerning the funding of any program described in subparagraph (A). "SEC. 9152. PEER REVIEW. "The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or 3. "SEC. 9153. PREFERENCE FOR INDIAN APPLI CANTS. "In making grants under subpart 2 or 3, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants. "SEC. 9154. MINIMUM GRANT CRITERIA. "The Secretary may not approve an application for a grant under subpart 2 unless the application is for a grant that is "(1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant; and "(2) based on relevant research findings. "SEC. 9161. DEFINITIONS. "For the purposes of this part: “(1) ADULT.-The term ‘adult' means an individual who "(A) has attained the age of 16 years; or "(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law. "(2) FREE PUBLIC EDUCATION. The term 'free public education' means education that is "(A) provided at public expense, under public supervision and direction, and without tuition charge; and "(B) provided as elementary or secondary education in the applicable State or to preschool children. "(3) INDIAN.-The term 'Indian' means an individual who is— "(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— "(i) any tribe or band terminated since 1940; and "(ii) any tribe or band recognized by the State in which the tribe or band resides; "(B) a descendant, in the first or second degree, of an individual described in subparagraph (A); "(C) considered by the Secretary of the Interior to be an Indian for any purpose; "(D) an Eskimo, Aleut, or other Alaska Native; or "(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it was in effect the day preceding the date of the enactment of the Improving America's Schools Act of 1994. "SEC. 9162. AUTHORIZATIONS OF APPROPRIA TIONS. "(a) SUBPART 1.-For the purpose of carrying out subpart 1 of this part, there are authorized to be appropriated $62,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 through 2004. "(b) SUBPARTS 2 AND 3.-For the purpose of carrying out subparts 2 and 3 of this part, there are authorized to be appropriated $4,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004.". PART B-NATIVE HAWAIIAN EDUCATION SEC. 402. NATIVE HAWAIIAN EDUCATION. Part B of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is repealed. PART C-ALASKA NATIVE EDUCATION SEC. 403. ALASKA NATIVE EDUCATION. Part C of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7931 et seq.) is amended— (1) by repealing sections 9304 through 9306 and inserting the following: "SEC. 9304. PROGRAM AUTHORIZED. "(a) GENERAL AUTHORITY. "(1) PROGRAM AUTHORIZED.-The Secretary is authorized to make grants to, or enter into contracts with, Alaska Native organizations, educational entities with experience in developing or operating Alaska Native. programs or programs of instruction conducted in Alaska Native languages, and consortia of such organizations and entities to carry out programs that meet the purpose of this part. "(2) PERMISSIBLE ACTIVITIES.-Programs under this part may include "(A) the development and implementation of plans, methods, and strategies to improve the education of Alaska Natives; "(B) the development of curricula and educational programs that address the educational needs of Alaska Native students, including "(i) curriculum materials that reflect the cultural diversity or the contributions of Alaska Natives; "(ii) instructional programs that make use of Native Alaskan languages; and "(iii) networks that introduce successful programs, materials, and techniques to urban and rural schools; "(C) professional development activities for educators, including "(i) programs to prepare teachers to address the cultural diversity and unique needs of Alaska Native students; "(ii) in-service programs to improve the ability of teachers to meet the unique needs. of Alaska Native students; and "(iii) recruiting and preparing teachers who are Alaska Natives, reside in communities with high concentrations of Alaska Native students, or are likely to succeed as teachers in isolated, rural communities and engage in cross-cultural instruction; "(D) the development and operation of home instruction programs for Alaska Native preschool children, the purpose of which is to ensure the active involvement of parents in their children's education from the earliest ages; "(E) family Literacy Services; "(F) the development and operation of student enrichment programs in science and mathematics that— "(i) are designed to prepare Alaska Native students from rural areas, who are preparing to enter high school, to excel in science and math; and “(ii) provide appropriate support services to the families of such students that are needed to enable such students to benefit from the program; "(G) research and data collection activities to determine the educational status and needs of Alaska Native children and adults; "(H) other research and evaluation activities related to programs under this part; and "(I) other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults. "(3) HOME INSTRUCTION PROGRAMS.-Home instruction programs for Alaska Native preschool children under paragraph (2)(D) may include "(A) programs for parents and their infants, from prenatal through age three; "(B) preschool programs; and "(C) training, education, and support for parents in such areas as reading readiness, observation, and story-telling, critical thinking. "(b) LIMITATION ON ADMINISTRATIVE COSTS. Not more than 5 percent of funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. "(c) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated $10,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004 to carry out this part."; (2) in section 9307 (A) by amending subsection (b) to read as follows: "(b) APPLICATIONS.-State and local educational agencies may apply for an award under this part only as part of a consortium involving an Alaska Native organization. This consortium may include other eligible applicants."; (B) by amending subsection (d) to read as follows: "(d) LOCAL EDUCATIONAL AGENCY COORDINATION. Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the project about its application."; and (C) by striking subsection (e); and (3) by redesignating sections 9307 and 9308 as sections 9305 and 9306, respectively. Subtitle B-Amendments to the Education Amendments of 1978 SEC. 410. AMENDMENTS TO THE EDUCATIONS AMENDMENTS OF 1978. Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2001 et seq.) is amended to read as follows: "PART B-BUREAU OF INDIAN AFFAIRS PROGRAMS "SEC. 1120. FINDING AND POLICY. "(a) FINDING.-Congress finds and recognizes that the Federal Government has the sole responsibility for the operation and financial support of the Bureau of Indian Affairs funded school system that it has established on or near Indian reservations and Indian trust lands throughout the Nation for Indian children. "(b) POLICY.-It is the policy of the United States to work in full cooperation with Indian tribes toward the goal of assuring that the programs of the Bureau of Indian Affairs funded school system are of the highest quality and meet the unique educational and cultural needs of Indian children. "SEC. 1121. ACCREDITATION AND STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS. "(a) PURPOSE; DECLARATIONS POSES. OF PUR "(1) PURPOSE. The purpose of the standards implemented under this section shall be to afford Indian students being served by a school funded by the Bureau of Indian Affairs the same opportunities as all other students in the United States to achieve the |