20 U.S.C. § 7824 — Consolidated set-aside for Department of

Page 1625 TITLE 20—EDUCATION § 7824 (Pub. L. 89–10, title VIII, § 8202, formerly title IX, § 9202, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1967; renumbered title VIII, § 8202, Pub. L. 114–95, title VIII, § 8001(a)(2), Dec. 10, 2015, 129 Stat. 2088, 2089.) § 7823. Consolidation of funds for local adminis- tration (a) General authority In accordance with regulations of the Sec- retary and for any fiscal year, a local edu- cational agency, with the approval of its State educational agency, may consolidate and use for the administration of one or more programs under this chapter (or such other programs as the Secretary shall designate) not more than the percentage, established in each program, of the total available for the local educational agency under those programs. (b) State procedures A State educational agency shall, in collabo- ration with local educational agencies in the State, establish procedures for responding to re- quests from local educational agencies to con- solidate administrative funds under subsection (a) and for establishing limitations on the amount of funds under those programs that may be used for administration on a consolidated basis. (c) Conditions A local educational agency that consolidates administrative funds under this section for any fiscal year shall not use any other funds under the programs included in the consolidation for administration for that fiscal year. (d) Uses of administrative funds (1) In general A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administra- tion of the programs and for uses, at the school district and school levels, comparable to those described in section 7821(b)(2) of this title. (2) Fiscal support teams A local educational agency that uses funds as described in section 7821(b)(2)(I) of this title may contribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds. (e) Records A local educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by in- dividual program, to account for costs relating to the administration of the programs included in the consolidation. (Pub. L. 89–10, title VIII, § 8203, formerly title IX, § 9203, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1967; renumbered title VIII, § 8203, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(2), 8006, Dec. 10, 2015, 129 Stat. 2088, 2089, 2100.) Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–95, § 8006(1), substituted ‘‘A State’’ for ‘‘Within 1 year after January 8, 2002, a State’’. Subsec. (d). Pub. L. 114–95, § 8006(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 7821(b)(2) of this title.’’ Statutory Notes and Related Subsidiaries 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. § 7824. Consolidated set-aside for Department of the Interior funds (a) General authority (1) Transfer The Secretary shall transfer to the Depart- ment of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of subchapter VI, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11431 et seq.], the amounts allotted to the Department of the Interior under those programs. (2) Agreement (A) In general The Secretary and the Secretary of the In- terior shall enter into an agreement, con- sistent with the requirements of the pro- grams specified in paragraph (1), for the dis- tribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs. (B) Contents The agreement shall— (i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and (ii) be developed in consultation with In- dian tribes. (b) Administration The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the ad- ministration of the funds transferred under this section. (c) Accountability system (1) For the purposes of part A of subchapter I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 aca- Page 1626 TITLE 20—EDUCATION § 7825 demic year, shall define the standards, assess- ments, and accountability system consistent with section 6311 of this title, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appro- priate, taking into account the unique cir- cumstances and needs of such schools and the students served by such schools. (2) The tribal governing body or school board of a school funded by the Bureau of Indian Af- fairs may waive, in part or in whole, the require- ments established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal gov- erning body or school board shall, within 60 days, submit to the Secretary of Interior a pro- posal for alternative standards, assessments, and an accountability system, if applicable, con- sistent with section 6311 of this title, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assess- ments, and accountability system unless the Secretary determines that the standards, assess- ments, and accountability system do not meet the requirements of section 6311 of this title, taking into account the unique circumstances and needs of such school or schools and the stu- dents served. (3) TECHNICAL ASSISTANCE.—The Secretary of Interior and the Secretary shall, either directly or through a contract, provide technical assist- ance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under para- graph (2). (Pub. L. 89–10, title VIII, § 8204, formerly title IX, § 9204, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII, § 8204, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(2), 8007, Dec. 10, 2015, 129 Stat. 2088, 2089, 2100.) Editorial Notes REFERENCES IN TEXT The McKinney-Vento Homeless Assistance Act, re- ferred to in subsec. (a)(1), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classi- fied generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–95, § 8007(1)(A), sub- stituted ‘‘part A of subchapter VI’’ for ‘‘part A of sub- chapter VII’’. Subsec. (a)(2)(B). Pub. L. 114–95, § 8007(1)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: ‘‘The agreement shall— ‘‘(i) set forth the plans of the Secretary of the Inte- rior for the use of the amount transferred and the achievement measures to assess program effective- ness, including measurable goals and objectives; and ‘‘(ii) be developed in consultation with Indian tribes.’’ Subsec. (c). Pub. L. 114–95, § 8007(2), added subsec. (c). Statutory Notes and Related Subsidiaries 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. § 7825. Department staff The Secretary shall— (1) not later than 60 days after December 10, 2015, identify the number of Department full- time equivalent employees who worked on or administered each education program or project authorized under this chapter, as such program or project was in effect on the day be- fore December 10, 2015, and publish such infor- mation on the Department’s website; (2) not later than 60 days after December 10, 2015, identify the number of full-time equiva- lent employees who worked on or adminis- tered each program or project authorized under this chapter, as such program or project was in effect on the day before December 10, 2015, that has been eliminated or consolidated since December 10, 2015; (3) not later than 1 year after December 10, 2015, reduce the workforce of the Department by the number of full-time equivalent employ- ees the Department identified under paragraph (2); and (4) not later than 1 year after December 10, 2015, report to Congress on— (A) the number of full-time equivalent em- ployees associated with each program or project authorized under this chapter and administered by the Department; (B) the number of full-time equivalent em- ployees who were determined to be associ- ated with eliminated or consolidated pro- grams or projects described in paragraph (2); (C) how the Secretary has reduced the number of full-time equivalent employees as described in paragraph (3); (D) the average salary of the full-time equivalent employees described in subpara- graph (B) whose positions were eliminated; and (E) the average salary of the full-time equivalent employees who work on or ad- minister a program or project authorized by the Department under this chapter, disaggregated by employee function within each such program or project. (Pub. L. 89–10, title VIII, § 8205, as added Pub. L. 114–95, title VIII, § 8008, Dec. 10, 2015, 129 Stat. 2101.) Editorial Notes PRIOR PROVISIONS Prior sections 7831 to 7835 were omitted in the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. Section 7831, Pub. L. 89–10, title IX, § 9121, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3782, related to improvement of educational opportunities for Indian children. Section 7832, Pub. L. 89–10, title IX, § 9122, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3784, related to professional development.