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Prior to the founding of Hobbs Straus, Jerry Straus was lead Washington, D.C. counsel in the first large scale case for the restoration of historic Indian land – the restoration of the 48,000 acre Blue Lake lands to the Taos Pueblo.

General Memorandum 14-009

General Memorandum 14-009
Labor-HHS-Education and Related Agencies FY 2014 Appropriations

This report covers the final FY 2014 funding levels for selected programs of particular interest to tribes and Indian organizations in the Labor-Health and Human Services-Education and Related Agencies appropriations bill. It is included in the Consolidated Appropriations Act, 2014 (Act) (HR 3547, PL 113-76) which was signed into law on January 17, 2014. The Act provides funding for what would normally be all 12 separate appropriations bills. A Joint Explanatory Statement accompanies the Act, rather than a formal conference report. The Senate Report for Labor-HHS-Education appropriations is Senate Report 113-71; there was no House Committee report. These documents may be accessed on Congress's website: Thomas.loc.gov

The Joint Explanatory Statement provides that the Senate Report instructions should be followed unless otherwise addressed in the Statement:

In implementing this agreement, the Departments and agencies should be guided by the language and instructions set forth in Senate Report 113-71 accompanying the bill, S. 1281, unless specifically addressed in this statement. In cases where the language and instructions in the Senate report specifically address the allocation of funds, each has been reviewed and those that are jointly concurred on have been endorsed in this statement.

In this Memorandum the term "FY 2013 Final Appropriation" is the post-rescission, post-sequestration funding level for FY 2013.

DEPARTMENT OF LABOR

Section 166 Program for Indian Tribes, Urban Indians, Hawaiians, and Samoans

FY 2013 Final Appropriation $45.1 million
FY 2014 Admin. Request $47.6 million
FY 2014 Enacted $46.1 million

This program, authorized under the Workforce Investment Act of 1998 (WIA), provides formula grant funding to tribes and other Native American groups for employment, training, and related services activities. The FY 2014 funding is inconsistent with the statutory WIA requirement that a minimum of $55 million is to be provided for the Section 166 program. The program year begins on July 1, 2014, and ends on June 30, 2015. One percent of funding is reserved for technical assistance.
Supplemental Youth Services

FY 2013 Final Appropriation $781.4 million
FY 2014 Admin. Request $846.6 million
FY 2014 Enacted $820.4 million

Youth Activities, authorized by the WIA, consolidates the Summer Youth Employment and Training Program under JTPA Title II–B, and Youth Training Grants under JTPA Title II–C. Tribes will receive 1.5 percent of the funds, or $12.3 million.

Tribal NEW (Native Employment Works) Program

Tribes receive $7.6 million annually under the NEW program as a capped entitlement program. The NEW program replaced the JOBS authorization in the welfare reform law (PL 104-193).

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The Act does not contain provisions to block implementation of the Affordable Care Act as was proposed by the some conservative members of Congress.

The Affordable Care Act provides $17.7 billion over ten years in mandatory funding for a Prevention and Public Health Fund (PPH). Congress, through the appropriations process, transfers these funds to health prevention and public health programs. For FY 2014 Act transfers $1 billion of the PPH funds to various agencies for specific purposes. Included in the transfer of funds is $73 million to the Centers for Disease Control (CDC) for diabetes prevention efforts and $160 million to the CDC for the Preventive Health and Health Services Block Grant.

Administration for Children and Families

FY 2014 Admin. Request $31.0 billion
FY 2014 Enacted $30.9 billion

Temporary Assistance for Needy Families (TANF)

The Act extends the authorization of the TANF program through September 30, 2014. There are currently 67 tribal TANF grantees administering $183 million. Of the total number of grantees, 15 are administering the program in PL 102-477 projects.

Administration for Native Americans (ANA)

FY 2013 Final Appropriation $45.4 million
FY 2014 Admin. Request $48.5 million
FY 2014 Enacted $46.5 million

Low-Income Home Energy Assistance Program

FY 2013 Final Appropriation $3.25 billion
FY 2014 Admin. Request $3.02 billion
FY 2014 Enacted $3.42 billion

Tribes received $38 million from this program in FY 2012.

Head Start

FY 2013 Final Appropriation $7.57 billion
FY 2014 Admin. Request $9.62 billion
FY 2014 Enacted $8.59 billion

The Joint Explanatory Statement provides that the Secretary shall reserve no less than three percent of funds for Indian Head Start programs. FY 2014 funding brings the Head Start back to its FY 2012 funding level plus a 1.3 percent inflation adjustment. Included in the funding is $500 million for "expanding Early Head Start (EHS), including EHS-Child Care Partnerships where appropriate." Tribes received $223 million from the Head Start program in FY 2012.

As mentioned under the Education Department section of this Memorandum, the Act contains $250 million for a new School Readiness Program for grants to develop preschool programs for families at or below 200 percent of the poverty program. The Administration had requested $2 billion for this initiative.

Child Care and Development Block Grant

Discretionary Funds:
FY 2013 Final Appropriation $2.19 billion
FY 2014 Admin. Request $2.48 billion
FY 2014 Enacted $2.36 billion

Entitlement Funds:
FY 2014 $2.92 billion

Tribes receive by statute not less than one percent and not more than two percent of the combined total of discretionary and entitlement funds under the Child Care and Development Block Grant. Tribes received $103.9 million in FY 2012 from this program.

Promoting Safe and Stable Families Program (Title IV-B, Subpart 2)

FY 2013 Final App. $360 million mandatory and $59.7 million discretionary funds
FY 2014 Admin. Request $365 million mandatory and $63.1 million
discretionary funds
FY 2014 Enacted $345 million mandatory and $59.8 million
discretionary funds

Tribes and tribal consortia receive a three percent statutory allocation of the mandatory and discretionary funds. In FY 2012 tribes received $11 million from this program (126 tribal grantees).

Child Welfare (Title IV-B, Subpart 1)

FY 2013 Final Appropriation $262.6 million
FY 2014 Admin. Request $280.6 million
FY 2014 Enacted $268.7 million

Although the statute does not specify a percentage or amount of funding for tribes, tribes receive formula funds under this program which is authorized under Title IV-B, Subpart 1 of the Social Security Act. Tribes received $6.4 million from this program in FY 2012 (166 tribal grantees).

Child Welfare Training and Demonstrations

FY 2013 Enacted $24.4 million
FY 2014 Admin. Request $26.1 million
FY 2014 Enacted $24.9 million

This program funds child welfare training and research. It also includes
$20 million for a five-year grant program (which began in FY 2010) for developing strategies that improve outcomes for children in long-term foster care.

Kinship Guardianship

FY 2013 Projected $123 million
FY 2014 Admin. Request $124 million
FY 2014 Projected $124 million

The Kinship Guardianship program, authorized under Title IV-E of the Social Security Act, first became available in FY 2009. It provides subsidies to a relative taking legal guardianship of a child for whom being returned home or adoption are not appropriate permanency options. Funding is on an entitlement basis.

Tribes directly administering the Title IV-E Foster Care and Adoption Assistance programs would be eligible to offer Kinship Guardianship payments; or a tribe which has a Title IV-E agreement with a state might be able to access such payments through the agreement.

Chaffee Foster Care Independent Living Program

FY 2013 Final Appropriation $140 million
FY 2014 Admin. Request $140 million
FY 2014 Enacted $140 million

Authorized under Title IV-E of the Social Security Act, the Independent Living program provides funding to assist youth who are aging out of foster care. It is a capped entitlement program, with most funds being provided to states via formula. The Fostering Connections to Success and Increasing Adoptions Act (PL 110-35l) authorized tribes with an approved Title IV-E plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Independent Living funds to serve tribal youth. Tribes received $105,869 from this program in FY 2012.

Education and Training Vouchers for Youth Leaving Foster Care

FY 2013 Final Appropriation $42.3 million
FY 2014 Admin. Request $45.2 million
FY 2014 Enacted $43.2 million

This program, authorized under the Safe and Stable Families Amendments of 2001 (PL 107-133), provides vouchers for college or vocational/technical training for youth who age out of the foster care system. States may allow youth to participate in the voucher program up to age 23, and the maximum voucher amount is $5,000 per year. States receive funding according to their proportion of youth in foster care. The Foster Care Independence Act requires states to provide services to Indian youth aging out of foster care and to consult with tribes on these services.

The Fostering Connections to Success and Increasing Adoptions Act (PL 110-351) authorized tribes with an approved Title IV-E Foster Care and Adoption Assistance plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Education and Training Voucher funding to serve tribal youth.

Community Services Block Grant (CSBG)

FY 2013 Final Appropriation $635.3 million
FY 2014 Admin. Request $369.5 million
FY 2014 Enacted $728.8 million

Tribes received $5 million from this program in FY 2012.

Battered Women's Shelters

FY 2013 Final Appropriation $121.2 million
FY 2014 Admin. Request $135.0 million
FY 2014 Enacted $133. 5million

Tribes receive ten percent of funds from the Battered Women's Shelter program, which is authorized in the Family Violence Prevention and Services Act. These funds, which are distributed through a formula, are used primarily for counseling, advocacy, and self-help services for victims and their children. Tribes received $13 million from this program in FY 2012.

Other

Tribes receive funding through an Affordable Care Act pre-appropriated program – the Personal Responsibility Education Program which provides funding for initiatives to prevent teen pregnancy. Tribes receive $3.2 million from this program.

Under the Child and Family Services Improvement and Innovation Act
(PL112-34), $1 million is made available annually (mandatory funding) for court improvement grants for tribes. The funds are to assist courts in handing child welfare cases.

Administration on Aging

FY 2013 Final Appropriation $1.55 billion
FY 2014 Admin. Request $1.74 billion
FY 2014 Enacted $1.69 billion

Within the total is the following Native-specific funding:
• $26.2 million for formula grants to tribes and Native Hawaiian organizations. Funding is for services for the elderly including transportation, nutrition, and health screening. This compares to FY 2012 level of $27.7 million and the Administration's request of $27.6 million.
• $6 million for competitive grants to tribes for the Native American Caregiver Support Program. This is $333,000 below the request and $400,000 below the FY 2012 level. Funds are to assist tribes in providing support services for family caregivers as well as for grandparents caring for grandchildren.

Substance Abuse and Mental Health Services Administration (SAMHSA)

FY 2013 Final Appropriation $3.35 billion
FY 2014 Admin. Request $3.57 billion
FY 2014 Enacted $3.62 billion

Under the mental health programs, the Act provides the following:
• Programs of Regional and National Significance: $386 million ($271 million in FY 2013). It includes $2.9 million for the American Indian/Alaska Native Prevention Initiative ($2.78 million in FY 2013) and a new amount of $5 million for Tribal Behavioral Health Grants (see report language below)
• Mental Health Block Grant: $483 million ($437 million in FY 2013)
• Children's Mental Health Services: $117 million ($111 million in FY 2013)
• Protection and Advocacy Program: $36.2 million ($34.3 million in FY 2013)

The Senate Committee recommends that the $5 million for Tribal Behavioral Health Grants be awarded competitively "targeting tribal entities with the highest rates of suicide per capita over the past 10 years." The funds are to be used "for effective and promising strategies that address the problems of substance abuse and suicide and promote mental health among AI/AN young people." (S. Rpt. 113-71, p. 113)

Under the substance abuse programs, the Act provides the following:
• Substance Abuse Treatment Programs of Regional and National Significance: $364 million ($404 million in FY 2013)
• Substance Abuse Treatment Block Grant: $1.74 billion ( $1.71 billion in FY 2013)
• Substance Abuse Prevention Activities of Regional and National Significance: $175 million ($176 million in FY 2013)

Health Resources and Services Administration (HRSA)

FY 2013 Final Appropriation $5.97 billion
FY 2014 Admin. Request $6.34 billion
FY 2014 Enacted $6.32 billion

The Joint Explanatory Statement expresses concern about health care training resources for rural areas where there are significant numbers of Native Americans:

The Administration of HRSA is directed to provide a briefing to the House and Senate Appropriations Committees within sixty days of enactment to detail the health professions training resources currently available to rural underserved areas with significant Native American populations.

Community Health Centers

FY 2013 Final Appropriation $1.49 billion
FY 2014 Admin. Request $1.56 billion
FY 2014 Enacted $1.49 billion

The Joint Explanatory Statement directs HRSA to provide a report within 60 days of enactment "outlining the requirements for allowing Community Health Centers to add a new or expand an existing dental facility." (p. 8)

Nurse Loan Repayment Program for Shortage Area Service
FY 2013 Final Appropriation $79.1 million
FY 2012 Admin. Request $83.1 million
FY 2014 Enacted $79.9 million

This program repays student loans for nurses in exchange for their working at least two years in an Indian Health Service health center, Native Hawaiian health center, public hospital, community or migrant health center, or rural health clinic.

Centers of Excellence
FY 2013 Final Appropriation $21.5 million
FY 2014 Admin. Request $22.9 million
FY 2014 Enacted $21.7 million

Centers of Excellence funds are designed to strengthen the capacity of institutions that train a significant number of minority health professionals.

Rural Outreach Grants
FY 2013 Final Appropriation $52.1 million
FY 2014 Admin. Request $55.5 million
FY 2014 Enacted $57.0 million

Rural Outreach Grants provide resources for new and innovative delivery of health services in rural areas, including telemedicine projects.

Health Careers Opportunity Program
FY 2013 Final Appropriation $14.1 million
FY 2014 Admin. Request -0
FY 2014 Enacted $14.1 million

Funding is for medical and other health professions schools for recruitment of disadvantaged students and pre-professional school preparations.

Telehealth Program
FY 2013 Final Appropriation $10.8 million
FY 2014 Admin. Request $11.5 million
FY 2014 Enacted $13.9 million

Ryan White AIDS Programs
FY 2013 Final Appropriation $2.24 billion
FY 2014 Admin. Request $2.41 billion
FY 2014 Enacted $2.32 billion

Maternal, Infant, and Childhood Home Visiting Programs. The Affordable Care Act created a new entitlement program under Title V of the Social Security Act (Maternal and Child Health Services) for home visits to families with young children or families who are expecting children and live in communities at risk for poor maternal and child health. For the fiscal years 2010-2014, a total of $1.5 billion is appropriated (not simply authorized) for this program. Tribes, tribal organizations and urban Indian organizations are eligible to apply for grants under this program and reserves three percent of funds for grants to those entities (or consortia thereof). The Indian set-aside is valued at $45 million over the five-year period. A grant recipient will be required to conduct a needs assessment and to develop a program with measurable three-year and five-year benchmarks for demonstrating improvement in several areas, including improved maternal and newborn health and prevention of child abuse and neglect.

DEPARTMENT OF EDUCATION

The total FY 2014 appropriation for the Department of Education is $70.6 billion, which is $4 billion below the request and $4 billion above the FY 2013 final appropriation. The Administration had proposed to eliminate several Elementary and Secondary Education Act (ESEA) programs and to consolidate them under a more comprehensive program; however, such consolidations were dependent on the reauthorization of the ESEA. Since Congress did not take up ESEA reauthorization this session, the funding amounts are reported under the current ESEA accounts and program structure.

Executive Order. The Senate Report includes the following statement about the Indian Education Executive Order:

The Committee appreciates and strongly supports Executive Order 13592 related to improving educational outcomes for American Indian and Alaska Native students. The Committee believes that the establishment of the Interagency Working Group on American Indian and Alaska Native Education, co-chaired by the Secretaries of Education and the Interior, and Memorandum of Agreement between the two Departments are important steps forward in this effort. The Committee requests that the Department include in the fiscal year 2015 and future congressional budget justifications the goals, benchmarks, and key activities accomplished and planned for improving educational outcomes for American Indian and Alaska Native students. (S.Rpt. 113-71, p. 204)

Title I, Education for the Disadvantaged

Basic Grants to Local Education Agencies (program level)
FY 2013 Final Appropriation $6.23 billion
FY 2014 Admin. Request $6.58 billion
FY 2014 Enacted $6.46 billion

The Bureau of Indian Education (BIE)-funded schools and territories share a one percent allocation from the Title I basic and concentration grants. The BIE reported in its FY 2014 budget justification that in School Year 2012-2013 (SY12–13), BIE schools received $98.2 million in Title I funds.

The Joint Explanatory Statement provides the following instruction with regard to Title I funds for BIE schools:

The agreement recognizes the federal trust responsibility to provide education for American Indians and Alaska Natives. It is noted that over the past decade Bureau of Indian Education schools have received approximately 0.7 percent of each year's appropriation for Elementary and Secondary Education Act (ESEA) Title I Grants to local educational agencies (LEAs). The Department is urged to continue to use its existing formula in allocating these funds and to follow this practice in any relevant future emergency funding that provides it the same authority and discretion.

Concentration Grants
FY 2013 Final Appropriation $1.29 billion
FY 2014 Admin. Request $1.36 billion
FY 2014 Enacted $1.36 billion

School Improvement Grants
FY 2013 Final Appropriation $505.7 million
FY 2014 Admin. Request $658.0 million
FY 2014 Enacted $505.7 million

Funds are provided to States and local educational agencies for use at the lowest performing schools according to student achievement results to implement one of four specific intervention models (e.g., Turnaround, Restart, School Closure, and Transformation).

Striving Readers
FY 2013 Final Appropriation $151.7 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $158.0 million

The Striving Readers program is a comprehensive literacy program that provides services to all students from birth through twelfth grade. There is a 0.5 percent set-aside for BIE-funded schools. The Administration proposed no separate funding for Striving Readers (and the Ready-to-Learn Television) in lieu of $186.9 million for a new Effective Teaching and Learning: Literacy program covering preschool through twelfth grade. Congress did not fund the proposed Effective Teaching and Learning: Literacy, which was dependent on the ESEA reauthorization.

High School Graduation Initiative
FY 2013 Final Appropriation $46.2 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $46.3 million

This competitive grant program provides funds to LEAs for comprehensive approaches that seek to improve high school graduation rates through prevention and reentry systems for students at risk of not graduating, especially at the high schools and their feeder schools with particularly low rates of graduation.

Impact Aid
Basic Support Payments (Section 8003(b))
FY 2013 Final Appropriation $1.09 billion
FY 2014 Admin. Request $1.15 billion
FY 2014 Enacted $1.15 billion

This account includes funding for Heavily Impacted Districts (section 8003(f)).

Payments for Children with Disabilities (Section 8003(d))
FY 2013 Final Appropriation $45.8 million
FY 2014 Admin. Request $48.4 million
FY 2014 Enacted $48.3 million

Federal Property (Section 8002)
FY 2013 Final Appropriation $63.4 million
FY 2014 Admin. Request -0-
FY 2014 Enacted $66.8 million

Facilities Maintenance (Section 8008)
FY 2013 Final Appropriation $4.59 million
FY 2014 Admin. Request $4.84 million
FY 2014 Enacted $4.83 million

Construction and Renovation (Section 8007)
FY 2013 Final Appropriation $16.5 million
FY 2014 Admin. Request $17.4 million
FY 2014 Enacted $17.4 million

School Improvement Programs

School Readiness Program – One of the Administration's major initiatives in its FY 2014 budget proposal was the Preschool for All. The initiative, described as "a new Federal-State cost-sharing partnership aimed at making high-quality public preschool available to all 4-year-olds from low- and moderate-income families while also providing incentives for States to serve additional children from middle-class families" totaled nearly $2.05 billion -- $750 in discretionary funds and $1.29 billion in mandatory funds. Congress did not provide that amount of funding but rather appropriated $250 million under the Race to the Top program for competitive grants for the development of preschool programs for families at or below 200 percent of the poverty level. In a related development, the Head Start program, administered through the Department of Health and Human Services, will receive an increase with a specific allocation to expand Early Head Start.

State Grants for Improving Teacher Quality
FY 2013 Final Appropriation $2.33 billion
FY 2014 Admin. Request –0–
FY 2014 Enacted $2.35 billion

These funds are provided to states and schools to help them attain the No Child Left Behind Act (NCLBA) goal that all teachers be highly qualified. Local uses of funds include professional development, class size reduction, recruitment and retraining of teachers and principals, merit pay, mentoring, and other activities. The NCLBA reserves 0.5 percent of the funds for this program for BIE-funded schools. In SY12–13, the BIE schools received $12.2 million.

Math and Science Partnerships
FY 2013 Final Appropriation $141.9 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $149.7 million

This program provides formula grants to partnerships of state educational agencies, higher education institutions, and school districts to improve academic achievement in mathematics and science through strong teaching skills for elementary and secondary school teachers. Funds may be used to develop rigorous mathematics and science curricula, distance learning programs, and incentives to recruit college graduates holding math and science degrees into the teaching profession.

21st Century Community Learning Centers
FY 2013 Final Appropriation $1.09 billion
FY 2014 Admin. Request $1.25 billion
FY 2014 Enacted $1.15 billion

The 21st Century Community Learning Centers program enables communities to create or expand centers that provide activities offering significant extended learning opportunities, such as before- and after-school programs for students, and related services to their families. Centers must target services to students who attend schools that are eligible to operate a school-wide program under Title I of the Elementary and Secondary Education Act or that serve high percentages of students from low-income families. Up to one percent of program funding is allocated to the BIE and outlying areas.
In SY12–13, the BIE schools received $8.4 million from this program.

Educational Standards and Assessment
FY 2013 Final Appropriation $368.9 million
FY 2014 Admin. Request $389.2 million
FY 2014 Enacted $378.0 million

Funding is distributed by formula to states and the BIE for the development and/or improvement of educational assessments and standards. The BIE will receive 0.5 percent of these funds ($1.9 million in SY12–13).

Alaska Native Education Equity Assistance Program
FY 2013 Final Appropriation $31.4 million
FY 2014 Admin. Request $33.1 million
FY 2014 Enacted $31.5 million

The Senate Committee expresses concern with the Department's FY 2012 grant process, and urges improved consultation with and participation of Alaska Native organizations and regional non-profits. The Senate Report states:

The Committee is concerned that the fiscal year 2012 competition for this program did not sufficiently recognize the statutory provisions related to applications from Alaska Native regional nonprofit organizations or from consortia that include at least one Alaska Native regional nonprofit organization. The Committee notes that two competitive preference points were awarded for applications from such organizations, and nine points were awarded for non-statutory priorities established by the Department. The Committee finds this unacceptable and directs the Department to more appropriately adhere to sections 7304(c) and 7305(b) of the ESEA in all future funding decisions and grant competitions and ensure that all grantees have meaningful plans for consultation with Alaska Native leaders.

The Committee also directs the Department to prepare and submit a report, within 180 days of the enactment of this act, on how the Department will work to improve consultation with and promote the maximum participation of Alaska Native organizations, Alaska Native regional nonprofit organizations, and consortia that include at least one Alaska Native regional nonprofit organization in the program. The report should also outline steps the Department will take to ensure that all current grantees have meaningful plans for consultation with Alaska Native organizations. (S. Rpt. 113-71, p. 167)

Rural Education
FY 2013 Final Appropriation $169.8 million
FY 2014 Admin. Request $179.1 million
FY 2014 Enacted $169.8 million

Rural education funding, authorized under Title VI-B of ESEA, is divided equally between the Small, Rural School Achievement Program and the Rural and Low-Income School Program, under which the BIE-system schools receive 0.5 percent. These funds are provided to small schools that do not qualify for the Achievement program and have a child poverty rate of at least 20 percent. Under both programs, schools are able to consolidate various federal education funds. However, if schools do not meet progress goals within three years, the rural education funds must be used for Title I school improvement activities. In SY12-13, the BIE schools received $447,982 in Rural Education funds.

Indian Education Act

FY 2013 Final Appropriation $123.9 million
FY 2014 Admin. Request $130.7 million
FY 2014 Enacted $123.9 million

The Act provides funding for each of the Indian Education accounts at the following levels: Grants to LEAs ($100.3 million), Special Programs for Indian Children ($17.9 million) and National Activities ($5.6 million) which funds research that focuses on filling the gaps in national information on the educational status and needs of Indians, identifying educational practices that are effective with Indian students, and technical assistance to public school districts that receive Indian Education grants.

In SY12-13, the BIE schools received $2.9 million in Title VII Indian Education Act funds.

Innovation and Improvement

Teacher Incentive Fund (TIF)
FY 2013 Final Appropriation $283.7 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $141.6 million

The Teacher Incentive Fund (TIF) provides formula grants to reward effective teachers and create incentives to attract qualified teachers to high-need schools and provides competitive grants to design and implement performance-based compensation systems.

School Leadership
FY 2013 Final Appropriation $27.5 million
FY 2014 Admin. Request $97.9
FY 2014 Enacted $25.7 million

The funds are for high-need local education agencies (LEAs) to develop or enhance innovative programs that recruit, train, and provide support for individuals currently serving as principals (including assistant principals) and/or seeking to become principals.

Charter Schools Grants
FY 2013 Final Appropriation $241.5 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $248.2 million

Funds are provided as competitive grants to State Education Agencies and charter schools for planning, design, initial implementation, and dissemination of information regarding charter schools. Funds are also allocated for state efforts to assist charter schools in obtaining facilities. The Administration did not seek funds for the Charter Schools Grants program, instead proposing a more comprehensive Expanding Educational Options initiative that "would continue and expand support for charter and other autonomous public schools." (DoED in Brief, p. 72) Congress did not concur with the plan and instead provides funds under the Charter Schools Grants program.

Safe Schools and Citizenship Education

Promise Neighborhoods
FY 2013 Final Appropriation $ 56.7 million
FY 2014 Admin. Request $300.0 million
FY 2014 Enacted $ 56.7 million

The Promise Neighborhoods program provides competitive one-year planning grants and five-year implementation grants to community-based organizations for the development and implementation of comprehensive neighborhood programs that address the needs of children in distressed communities. The program includes tribal communities under Absolute Priority 3.

Elementary and Secondary School Counseling
FY 2013 Final Appropriation $49.5 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $49.6 million

Carol E. White PE for Progress
FY 2013 Final Appropriation $74.5 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $74.6 million

English Language Acquisition Grants

FY 2013 Final Appropriation $693.8 million
FY 2014 Admin. Request $732.1 million
FY 2014 Sen. Committee $723.4 million

This program provides formula grants for services to limited English proficient students and professional development for teachers. The statute allocates 0.5 percent or $5 million, whichever is greater, of the language acquisition funds for BIE system schools and other tribal, Native Hawaiian, and Pacific Islander entities for programs in schools that serve predominantly Native American children.

Individuals with Disabilities Education Act (IDEA)

State Grants and Indian Allocation
FY 2013 Final Appropriation $10.97 billion
FY 2014 Admin. Request $11.57 billion
FY 2014 Enacted $11.47 billion

Funding is provided through Part B Section 611(a) grants to BIE-system schools for supplemental services to disabled children between the ages of 5 and 21. In SY12-13, BIE schools received $74.3 million under this program.

Pre-School Grants
FY 2013 Final Appropriation $353.2 million
FY 2014 Admin. Request $372.6 million
FY 2014 Enacted $353.2 million

These are additional funds for states for services for children with disabilities ages 3-5. Formula funding is provided to tribes with BIE-system schools through Part B Section 611(3) grants. The funds are used to assist State Education Agencies in the provision of special education and related services to children with disabilities between the ages of three and five years. In FY 2012 the tribal preschool amount was $18.58 million.
IDEA, Part C, Grants for Infants and Families
FY 2013 Final Appropriation $419.6 million
FY 2014 Admin. Request $462.7 million
FY 2014 Enacted $438.5 million

Tribes with BIE schools on their lands are eligible for formula funding under this program to coordinate state early intervention services to families whose infants and toddlers have disabilities. In FY 2012 the tribal set-aside was $5.3 million.

Vocational Rehabilitation

State Grants
FY 2013 Final Appropriation $3.06 billion
FY 2014 Admin. Request $3.30 billion
FY 2014 Enacted $3.30 billion

Tribes receive an allocation of one to 1.5 percent ($40.08 million) from the amount appropriated for Basic State Grants which are competitively awarded.

Career and Technical Education

Basic State Grants
FY 2013 Final Appropriation $1.06 billion
FY 2014 Admin. Request $1.14 billion
FY 2014 Enacted $1.12 billion

Tribes and tribal organizations receive a 1.25 percent allocation of basic state grants. The tribal vocational education grants are awarded competitively.

Higher Education

Pell Grants

Maximum Pell Grants will be $5,730 (an inflationary increase from the previous $5,645 level) for the 2014-2015 award year.

Tribally Controlled Postsecondary Career and Technical Institutions
FY 2013 Final Appropriation $7.70 million
FY 2014 Admin. Request $8.13 million
FY 2014 Enacted $7.70 million

These funds are provided to United Tribes Technical College and Navajo Technical College.
Strengthening Alaska Native and Native Hawaiian-Serving Institutions
FY 2013 Final Appropriation $12.18 million, plus $14.2 million in mandatory funding per HEA III-F, Sec. 371.
FY 2014 Admin. Request $12.85 million
FY 2014 Enacted $12.6 million, plus $15 million in mandatory funding per HEA III-F, Sec. 371.

These funds are distributed to colleges serving at least twenty percent Alaska Native or ten percent Native Hawaiian students.

Strengthening Tribal Colleges
FY 2013 Final Appropriation $24.3 million, plus $28.4 million in mandatory funding per HEA III-F, Sec. 371.
FY 2014 Admin. Request $25.7 million
FY 2014 Sen. Enacted $25.2 million, plus $30 million in mandatory funding per HEA III-F, Sec. 371.

Strengthening Native American Non-Tribal Institutions
FY 2013 Final Appropriation $2.9 million, plus $4.7 million in mandatory funding per HEA III-F, Sec. 371.
FY 2014 Admin. Request $3.11 million
FY 2014 Enacted $3.06 million, plus $5 million in mandatory funding per HEA III-F, Sec. 371.

Fund for the Improvement of Postsecondary Education (FIPSE)
FY 2013 Final Appropriation $ 3.3 million
FY 2014 Admin. Request $260.0 million
FY 2014 Enacted $ 79.4 million

New funding includes a First in the World Initiative as described in the Joint Explanatory Statement:

Within the amount for FIPSE, the bill includes $75,000,000 for the First in the World Initiative, which will provide grants to institutions of higher education to help ensure that they have access to and implement innovative strategies and practices shown to be effective in improving educational outcomes and making college more affordable for students and families.
The agreement includes up to $20,000,000 to be set aside for minority-serving institutions to improve their students' persistence and completion rates while keeping costs under control. The agreement expects the Department to prioritize applications that target innovative strategies at low-income students.

TRIO Programs
FY 2013 Final Appropriation $795.9 million
FY 2014 Admin. Request $839.9 million
FY 2014 Enacted $838.3 million

The FY 2014 budget justification noted that funding would, under the requested level, be distributed as follows: Upward Bound discretionary ($266.7 million); Veterans Upward Bound ($13.8 million); Upward Bound Math-Science ($43.1 million); Educational Opportunity Centers ($46.9 million); Student Support Services ($291.2 million); the Ronald D. McNair Post-Baccalaureate Achievement Program ($35.7 million); Talent Search ($135.5 million); Staff Training ($1.4 million); Administration/Peer Review ($-TBD), Evaluation ($-TBD) and Undistributed ($4.3 million).

GEAR UP
FY 2013 Final Appropriation $286.4 million
FY 2014 Admin. Request $302.2 million
FY 2014 Enacted $301.6 million

The Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), authorized under the Higher Education Act Amendments of 1998, is designed to help low-income elementary and secondary school students become college-ready.

Teacher Quality Partnership Grants
FY 2013 Final Appropriation $40.5 million
FY 2014 Admin. Request –0–
FY 2014 Enacted $40.6 million

This program, authorized under Title II of the Higher Education Act Amendments of 1998, provides grants to states for teacher preparation and recruitment.

Campus-Based Child Care
FY 2013 Final Appropriation $15.1 million
FY 2014 Admin. Request $15.9 million
FY 2014 Enacted $15.1 million

Among the eligible applicants for the program are tribal colleges.

OFFICE OF MUSEUM AND LIBRARY SERVICES

For FY 2014 the Act provides $3.86 million for Native American Library Services and $924,000 for Native American/Hawaiian Museum Services. Total FY 2014 funding for the Office of Museum and Library Services is $226.8 million,
$1 million above the requested level.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

FY 2014 Admin. Request $1.06 billion
FY 2014 Enacted $1.05 billion

The Corporation for National and Community Services has programs designated as Domestic Volunteer Services Programs (VISTA and several Senior Volunteer Corps programs) and National and Community Services Programs (including AmeriCorps). The House recommended elimination of the Corporation for National and Community Service.

CORPORATION FOR PUBLIC BROADCASTING

Funding for the Corporation for Public Broadcasting (CPB) is provided two years in advance. The FY 2014 appropriations Act will provide FY 2016 CPB core funding, most of which is distributed via a statutory formula to public television and radio stations. The House proposal was to provide no CPB funding and to prohibit local radio stations from using CPB funding to purchase programming from National Public Radio. Those proposals were not adopted by the conferees.

FY 2014 Enacted $445 million
FY 2015 Enacted $445 million
FY 2016 Enacted $445 million

Five minority public broadcasting organizations collectively called the National Minority Consortia — Native American Public Telecommunications; Pacific Islanders in Communications; National Black Programming Consortium; Latino Public Broadcasting; and the Center for Asian American Media — receive operational and programming funds through the CPB budget. Others who receive funding from the CPB include public and community radio stations, a number of which are Native-owned, and the Independent Television Service.

Please let us know if we may provide further information or assistance regarding FY 2014 Labor-HHS-Education and Related Agencies appropriations.

# # #

Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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