20 U.S.C. § 2326 — Native American programs

Page 1077 TITLE 20—EDUCATION § 2326 State academic standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;’’ for ‘‘integrating those pro- grams with academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) of the Elementary and Sec- ondary Education Act of 1965;’’. 2014—Subsec. (b)(1). Pub. L. 113–76 substituted ‘‘Office of Career, Technical, and Adult Education’’ for ‘‘Office of Vocational and Adult Education’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 2325. Assistance for the outlying areas (a) Outlying areas From funds reserved pursuant to section 2321(a)(1)(A) of this title, the Secretary shall— (1) make a grant in the amount of $660,000 to Guam; (2) make a grant in the amount of $350,000 to each of American Samoa and the Common- wealth of the Northern Mariana Islands; and (3) make a grant of $160,000 to the Republic of Palau, subject to subsection (b). (b) Restriction The Republic of Palau shall cease to be eligi- ble to receive funding under this section upon entering into an agreement for an extension of United States educational assistance under the Compact of Free Association, unless otherwise provided in such agreement. (Pub. L. 88–210, title I, § 115, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 706; amend- ed Pub. L. 115–224, title I, § 114, July 31, 2018, 132 Stat. 1597.) Editorial Notes PRIOR PROVISIONS A prior section 2325, Pub. L. 88–210, title I, § 115, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3094, related to assistance for outlying areas, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2325, Pub. L. 88–210, title I, § 115, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2449; amended Pub. L. 101–392, title I, § 115, Sept. 25, 1990, 104 Stat. 770; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–382, title III, § 391(s)(3), Oct. 20, 1994, 108 Stat. 4024, related to State and local standards and measures, prior to the general amend- ment of this chapter by Pub. L. 105–332. AMENDMENTS 2018—Subsec. (a)(3). Pub. L. 115–224, § 114(1), sub- stituted ‘‘subject to subsection (b)’’ for ‘‘subject to sub- section (d)’’. Subsecs. (b) to (d). Pub. L. 115–224, § 114(2), (3), redesig- nated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which provided for grants of the remainder of funds reserved pursuant to section 2321(a)(1)(A) of this title and established a limitation on use. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2326. Native American programs (a) Definitions In this section: (1) Alaska Native The term ‘‘Alaska Native’’ means a Native as such term is defined in section 1602 of title 43. (2) Bureau-funded school The term ‘‘Bureau-funded school’’ has the meaning given the term in section 2021 of title 25. (3) Native Hawaiian The term ‘‘Native Hawaiian’’ means any in- dividual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. (4) Native Hawaiian organization The term ‘‘Native Hawaiian organization’’ has the meaning given the term in section 7517 of this title. (b) Program authorized (1) Authority From funds reserved under section 2321(a)(1)(B)(i) of this title, the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alas- ka Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bu- reau-funded schools. (2) Indian Tribes and Tribal organizations The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of section 5321 of title 25 and shall be conducted in accordance with the provisions of sections 5345, 5346, and 5347 of title 25, which are relevant to the programs administered under this subsection. (3) Special authority relating to secondary schools operated or supported by the Bu- reau of Indian Education An Indian Tribe, a Tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to pro- vide assistance to a secondary school operated or supported by the Bureau of Indian Edu- cation to enable such school to carry out ca- reer and technical education programs. (4) Matching If sufficient funding is available, the Bureau of Indian Education shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year Page 1078 TITLE 20—EDUCATION § 2326 the Bureau of Indian Education shall expend not less than the amount expended during the prior fiscal year on career and technical edu- cation programs, services, and technical ac- tivities administered directly by, or under contract with, the Bureau of Indian Edu- cation, except that in no year shall funding for such programs, services, and activities be pro- vided from accounts and programs that sup- port other Indian education programs. The Secretary and the Director of the Bureau of Indian Education shall prepare jointly a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Sec- retary shall assume responsibility for the ad- ministration of the program, with the assist- ance and consultation of the Bureau of Indian Education. (5) Regulations If the Secretary promulgates any regula- tions applicable to paragraph (2), the Sec- retary shall— (A) confer with, and allow for active par- ticipation by, representatives of Indian Tribes, Tribal organizations, and individual Tribal members; and (B) promulgate the regulations under sub- chapter III of chapter 5 of title 5, commonly known as the ‘‘Negotiated Rulemaking Act of 1990’’. (6) Application Any Indian Tribe, Tribal organization, or Bureau-funded school eligible to receive as- sistance under this subsection may apply indi- vidually or as part of a consortium with an- other such Indian Tribe, Tribal organization, or Bureau-funded school. (c) Authorized activities (1) Authorized programs Funds made available under this section shall be used to carry out career and technical education programs consistent with the pur- pose of this chapter. (2) Special rule Notwithstanding section 2302(5)(A)(iii) of this title, funds made available under this sec- tion may be used to provide preparatory, re- fresher, and remedial education services that are designed to enable students to achieve suc- cess in career and technical education pro- grams or programs of study. (3) Stipends (A) In general Funds received pursuant to grants or con- tracts awarded under subsection (b) may be used to provide stipends to students who are enrolled in career and technical education programs and who have acute economic needs which cannot be met through work- study programs. (B) Amount Stipends described in subparagraph (A) shall not exceed reasonable amounts as pre- scribed by the Secretary. (d) Grant or contract application In order to receive a grant or contract under this section, an organization, Tribe, or entity described in subsection (b) shall submit an appli- cation to the Secretary that shall include an as- surance that such organization, Tribe, or entity shall comply with the requirements of this sec- tion. (e) Restrictions and special considerations The Secretary may not place upon grants awarded or contracts entered into under sub- section (b) any restrictions relating to programs other than restrictions that apply to grants made to or contracts entered into with States pursuant to allotments under section 2321(a) of this title. The Secretary, in awarding grants and entering into contracts under this section, shall ensure that the grants and contracts will im- prove career and technical education programs, and shall give special consideration to— (1) programs that involve, coordinate with, or encourage Tribal economic development plans; and (2) applications from tribally controlled col- leges or universities that— (A) are accredited or are candidates for ac- creditation by a nationally recognized ac- creditation organization as an institution of postsecondary career and technical edu- cation; or (B) operate career and technical education programs that are accredited or are can- didates for accreditation by a nationally rec- ognized accreditation organization, and issue certificates for completion of career and technical education programs. (f) Consolidation of funds Each organization, Tribe, or entity receiving assistance under this section may consolidate such assistance with assistance received from related programs in accordance with the provi- sions of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.). (g) Nonduplicative and nonexclusive services Nothing in this section shall be construed— (1) to limit the eligibility of any organiza- tion, Tribe, or entity described in subsection (b) to participate in any activity offered by an eligible agency or eligible recipient under this subchapter; or (2) to preclude or discourage any agreement, between any organization, Tribe, or entity de- scribed in subsection (b) and any eligible agen- cy or eligible recipient, to facilitate the provi- sion of services by such eligible agency or eli- gible recipient to the population served by such eligible agency or eligible recipient. (h) Native Hawaiian programs From the funds reserved pursuant to section 2321(a)(1)(B)(ii) of this title, the Secretary shall award grants to or enter into contracts with community-based organizations primarily serv- ing and representing Native Hawaiians to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the ben- efit of Native Hawaiians. Page 1079 TITLE 20—EDUCATION § 2327 (Pub. L. 88–210, title I, § 116, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 707; amend- ed Pub. L. 114–95, title IX, § 9215(n)(5), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115–224, title I, § 115, July 31, 2018, 132 Stat. 1598.) Editorial Notes REFERENCES IN TEXT The Indian Employment, Training and Related Serv- ices Demonstration Act of 1992, referred to in subsec. (f), is Pub. L. 102–477, Oct. 23, 1992, 106 Stat. 2302, which is classified generally to chapter 36 (§ 3401 et seq.) of Title 25, Indians. The Act was renamed the Indian Em- ployment, Training and Related Services Act of 1992 by Pub. L. 115–93, § 2, Dec. 18, 2017, 131 Stat. 2026. For com- plete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 25 and Ta- bles. PRIOR PROVISIONS A prior section 2326, Pub. L. 88–210, title I, § 116, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3094; amended Pub. L. 107–110, title VII, § 702(b), (c), Jan. 8, 2002, 115 Stat. 1946, 1947, related to Native American program, prior to the general amendment of this chap- ter by Pub. L. 109–270. Another prior section 2326, Pub. L. 88–210, title I, § 116, as added Pub. L. 101–392, title I, § 116, Sept. 25, 1990, 104 Stat. 772, related to State assessments of program qual- ity, prior to the general amendment of this chapter by Pub. L. 105–332. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–224, § 115(1), redesignated pars. (4) and (5) as (3) and (4), respectively, made tech- nical amendments to capitalization of ‘‘Native’’ and ‘‘Hawaiian’’ in headings of pars. (1), (3), and (4) of origi- nal Act requiring no change in text and to reference in par. (4) of original Act which appears in text as ref- erence to section 7517 of this title, and struck out former par. (3) which defined ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ as having the meanings given those terms in section 5304 of title 25. Subsec. (b)(1). Pub. L. 115–224, § 115(2)(A), substituted ‘‘Indian Tribes, Tribal organizations,’’ for ‘‘Indian tribes, tribal organizations,’’. Subsec. (b)(2). Pub. L. 115–224, § 115(2)(B)(iii), (iv), made technical amendment to references in original Act which appear in text as references to section 5321 of title 25 and sections 5345, 5346, and 5347 of title 25. Pub. L. 115–224, § 115(2)(B)(i), (ii), substituted ‘‘INDIAN TRIBES AND TRIBAL ORGANIZATIONS’’ for ‘‘INDIAN TRIBES AND TRIBAL ORGANIZATIONS’’ in heading of original Act which appears in heading as ‘‘Indian Tribes and Tribal organizations’’ and substituted ‘‘Indian Tribe or Tribal organization’’ for ‘‘Indian tribe or tribal organization’’ in text. Subsec. (b)(3). Pub. L. 115–224, § 115(2)(C), substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’ in heading and text and substituted ‘‘An In- dian Tribe, a Tribal organization,’’ for ‘‘An Indian tribe, a tribal organization,’’. Subsec. (b)(4). Pub. L. 115–224, § 115(2)(D), substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’ wherever appearing and ‘‘Director of the Bu- reau of Indian Education’’ for ‘‘Assistant Secretary of the Interior for Indian Affairs’’. Subsec. (b)(5)(A). Pub. L. 115–224, § 115(2)(E), sub- stituted ‘‘Indian Tribes, Tribal organizations, and indi- vidual Tribal members’’ for ‘‘Indian tribes, tribal orga- nizations, and individual tribal members’’. Subsec. (b)(6). Pub. L. 115–224, § 115(2)(F), substituted ‘‘Indian Tribe, Tribal organization,’’ for ‘‘Indian tribe, tribal organization,’’ in two places. Subsec. (c)(2), (3). Pub. L. 115–224, § 115(3), added par. (2) and redesignated former par. (2) as (3). Subsecs. (d) to (g). Pub. L. 115–224, § 115(4)–(7), sub- stituted ‘‘Tribe’’ for ‘‘tribe’’ and ‘‘Tribal’’ for ‘‘tribal’’ wherever appearing. 2015—Subsec. (a)(5). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 2327. Tribally controlled postsecondary career and technical institutions (a) Grant program Subject to the availability of appropriations, the Secretary shall make grants under this sec- tion, to provide basic support for the education and training of Indian students, to tribally con- trolled postsecondary career and technical insti- tutions that are not receiving Federal assist- ance as of the date on which the grant is pro- vided under— (1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or (2) the Navajo Community College Act (Pub- lic Law 92–189; 85 Stat. 646). (b) Uses of grants Amounts made available under this section shall be used for career and technical education programs for Indian students and for the institu- tional support costs of the grant, including the expenses described in subsection (e). (c) Amount of grants (1) In general If the sums appropriated for any fiscal year for grants under this section are not sufficient to pay in full the total amount which approved applicants are eligible to receive under this section for such fiscal year, the Secretary shall first allocate to each such applicant who received funds under this part for the pre- ceding fiscal year an amount equal to 100 per- cent of the product of the per capita payment for the preceding fiscal year and such appli- cant’s Indian student count for the current program year, plus an amount equal to the ac- tual cost of any increase to the per capita fig- ure resulting from inflationary increases to necessary costs beyond the institution’s con- trol. (2) Per capita determination For the purposes of paragraph (1), the per capita payment for any fiscal year shall be de- termined by dividing the amount available for grants to tribally controlled postsecondary ca- reer and technical institutions under this sec- tion for such program year by the sum of the Indian student counts of such institutions for such program year. The Secretary shall, on the basis of the most accurate data available from the institutions, compute the Indian stu-