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Hobbs Straus successfully defended a former casino workers’ suit against a Tribe in a Tenth Circuit case finding absence of federal jurisdiction over non-Indian contract and tort disputes arising in Indian country. (2009)

General Memorandum 15-008

General Memorandum 15-008
Labor-HHS-Education and Related Agencies FY 2015 Appropriations

This report covers the final FY 2015 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 and Furthering Appropriations Act, 2015 (Act) (HR 83, PL 113-235) which was signed into law on December 16, 2014. This Memorandum is specific to the Labor-HHS-Education and Related Agencies appropriations which is included in Division G of the Act. The Act provides funding for 11 of the 12 appropriations bills through the end of the fiscal year, but through only February, 2015 for the Department of Homeland Security. A Managers' Explanatory Statement (Manager's Statement) accompanies the Act, rather than a formal conference report. There was no House Committee report for Labor-HHS-Education funding, and while the Senate Appropriations Committee filed a draft report, it is not referenced as guidance in the Managers' Explanatory Statement. The Managers' Explanatory Statement and the Act are printed in the December 11, 2014, CONGRESSIONAL RECORD (Parts I and II).

DEPARTMENT OF LABOR

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

FY 2014 Enacted $46.1 million
FY 2015 Admin. Request $46.1 million
FY 2015 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. See our General Memorandum 14-053 of July 11, 2014, regarding the Workforce Innovation and Opportunity Act (PL 113-128) which reauthorized the WIA. The program year begins on July 1, 2015, and ends on June 30, 2016. One percent of funding is reserved for technical assistance.

The Manager's Statement notes that tribal colleges and universities (TCUs) are well-positioned "to positively impact the employment and training of native populations" and urges the Department of Labor to "give full and fair consideration to TCUs competing for grant funds."

Supplemental Youth Services

FY 2014 Enacted $820.4 million
FY 2015 Admin. Request $820.4 million
FY 2015 Enacted $831.8 million

Increased funds are one-time funds designed to implement the newly enacted Workforce Innovation and Training Act. Tribes receive 1.5 percent of the funds (which in FY 2014 equaled $12 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

Indian Eligibility. The Centers for Medicare and Medicaid/Departmental Management portion of the Managers' Statement addresses the issue of Indian eligibility for benefits, stating:
The agreement directs CMS to work with the Internal Revenue Service to review federal regulations under their respective jurisdictions to determine who is eligible as an Indian for the benefits and protections provided to Indians. The agreement directs CMS to submit a report with the agency's findings to the Senate and House Appropriations Committees within 180 days of enactment of this act.

Tribal Lease Agreements. Under the Office of the Secretary/General Departmental Management, the Manager's Statement states with regard to real property lease agreements:
The agreement encourages the Secretary to work with tribal governments in recognizing the unique circumstances of Native Americans while maximizing their full participation in Federal programs. Specifically, the Secretary should review issues relating to real property lease agreements when such agreements are "less-than-arm's length" as defined under the Office of Management and Budget's Circular A-87. The Secretary should work with tribes in resolving such issues in the future.

PPH Fund. 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 2015 the Act transfers $927 million of the PPH funds to several agencies, most of which will go to the Centers for Disease Control and Prevention (CDC). Included in the transfer of funds to the CDC is $73 million for diabetes prevention efforts; $30 million for the REACH program (Racial and Ethnic Approaches to Community Health); $160 million for the Preventive Health and Health Services Block Grant; $110 million for the Office of Smoking and Health; and $35 million for Nutrition, Physical Activity and Obesity Base Activities. There will be a $12 million transfer to SAMHSA for the Garrett Lee Smith Suicide Prevention program.

Ebola. The Act includes $2.7 billion spread across various HHS accounts for Ebola activities.

Administration for Children and Families

FY 2014 Enacted $30.9 billion
FY 2015 Admin. Request $29.8 billion
FY 2015 Enacted $30.6 billion

Temporary Assistance for Needy Families (TANF)

The Act extends the authorization of the TANF program through September 30, 2015. As of January 1, 2015, there are 70 tribal TANF grantees administering
$192 million. Of the 70 tribal grantees, 15 are administering the program in
PL 102-477 (Indian Employment, Training and Related Services Demonstration Act) projects.

Administration for Native Americans (ANA)
FY 2014 Enacted $46.5 million
FY 2015 Admin. Request $46.5 million
FY 2015 Enacted $46.5 million

Low-Income Home Energy Assistance Program
FY 2014 Enacted $3.42 billion
FY 2015 Admin. Request $2.80 billion
FY 2015 Enacted $3.39 billion

Tribes received $38.7 million in formula grants from this program in FY 2014.

Head Start
FY 2014 Enacted $8.59 billion
FY 2015 Admin. Request $8.86 billion
FY 2015 Enacted $8.59 billion

Tribes received $226.7 million from the Head Start program in FY 2014. The Managers' Statement encourages HHS "to consider the unique challenges faced by Head Start providers in remote and frontier areas when reviewing grantees as part of the Designation Renewal System."

The funding includes the FY 2014 funding level of $250 million for the second year of a School Readiness Program for grants to develop preschool programs for families at or below 200 percent of the poverty line and $500 million for Early Head Start-Child Care partnerships.

Child Care and Development Block Grant
Discretionary Funds:
FY 2014 Enacted $2.36 billion
FY 2015 Admin. Request $2.42 billion
FY 2015 Enacted $2.43 billion

Entitlement Funds:
FY 2015 $2.92 billion

Tribes receive by statute two percent of the combined total of discretionary and entitlement funds under the Child Care and Development Block Grant (CCDBG). Tribes received approximately $100 million in FY 2014 from this program. See our General Memorandum 14-089 of November 21, 2014, regarding enactment of a reauthorization of the CCDBG (PL 113-186).

Promoting Safe and Stable Families Program (Title IV-B, Subpart 2)
FY 2014 Enacted $ 59.8 million discretionary +
$345.0 million mandatory

FY 2015 Admin. Request $ 59.8 million discretionary +
$345.0 million mandatory

FY 2015 Enacted $ 59.8 million discretionary +
$345.0 million mandatory

Tribes and tribal consortia receive a three percent statutory allocation of the mandatory and discretionary funds. In FY 2014 tribes received $10.3 million from this program (138 tribal grantees).

Child Welfare (Title IV-B, Subpart 1)
FY 2014 Enacted $268.7 million
FY 2015 Admin. Request $268.7 million
FY 2015 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 $6.32 million from this program in FY 2014 (160+ tribal grantees).

Child Welfare Training and Demonstrations

FY 2014 Enacted $24.9 million
FY 2015 Admin. Request $24.9 million
FY 2015 Enacted $15.9 million

This program funds child welfare training and research.

Kinship Guardianship
FY 2014 Projected $124 million
FY 2015 Admin. Request $ 99 million
FY 2015 Enacted $ 99 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 may be eligible to offer Kinship Guardianship payments. Tribes who have a Title IV-E agreement with a state may be able to access such payments through the agreement.

Chaffee Foster Care Independent Living Program
FY 2014 Enacted $140 million
FY 2015 Admin. Request $140 million
FY 2015 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 2014.

Education and Training Vouchers for Youth Leaving Foster Care

FY 2014 Enacted $43.2 million
FY 2015 Admin. Request $43.2 million
FY 2015 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 2014 Enacted $728.8 million
FY 2015 Admin. Request $369.0 million
FY 2015 Enacted $729.3 million

Tribes received $5.28 million from this program in FY 2014.

Battered Women's Shelters
FY 2014 Enacted $133.5 million
FY 2015 Admin. Request $135.0 million
FY 2015 Enacted $135.0 million

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 $13.35 million from this program in FY 2014.

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 for Community Living

FY 2014 Enacted $1.69 billion
FY 2015 Admin. Request $1.72 billion
FY 2015 Enacted $1.70 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.
• $6 million for competitive grants to tribes for the Native American Caregiver Support Program. 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 2014 Enacted $3.62 billion
FY 2015 Admin. Request $3.57 billion
FY 2015 Enacted $3.62 billion

Under the mental health programs, the Act provides the following:
• Programs of Regional and National Significance: $378 million ($386 million in FY 2014). It includes $2.9 million for the American Indian/Alaska Native Prevention Initiative (same as FY 2014) and $5 million for Tribal Behavioral Health Grants. The Tribal Behavioral Health Grants are to be awarded competitively.
• Mental Health Block Grant: $483 million (same as FY 2014)
• Children's Mental Health Services: $117 million (same as FY 2014)
• Protection and Advocacy Program: $36.1 million ($.1 million less than FY 2014)

Under the substance abuse programs, the Act provides the following:
• Substance Abuse Treatment Programs of Regional and National Significance: $364 million (same as FY 2014)
• Substance Abuse Treatment Block Grant: $1.74 billion (same as FY 2014)
• Substance Abuse Prevention Activities of Regional and National Significance: $175 million (same as FY 2014)

Health Resources and Services Administration (HRSA)

FY 2014 Enacted $6.32 billion
FY 2014 Admin. Request $5.62 billion
FY 2015 Enacted $6.35 billion

Alternative Dental Health Providers. The Manager's Statement notes the continuing prohibition on funding alternative dental health provider projects as authorized by Section 350G-1 of the Public Health Services Act:

While the agreement continues to carry bill language that prohibits the use of funds for alternative dental health care providers demonstration projects, this language is not intended to prohibit or preclude a State's ability to independently develop policies to increase patient access to dental care in underserved areas in order to address the unique needs and demands of that State.

The Manger's Statement continues in the Rural Health section:

Oral Health. – There is a significant need for dental providers in rural communities who can provide oral healthcare and education to individuals on the importance of proper oral care and prevention, and concerns remain about the number of unnecessary hospital emergency room visits for oral health issues. The Office of Rural Health Policy is encouraged to support mobile dentistry programs led by properly licensed dental providers.

Community Health Centers
FY 2014 Enacted $1.49 billion
FY 2015 Admin. Request $1.0 billion
FY 2015 Enacted $1.49 billion

Nurse Loan Repayment Program for Shortage Area Service
FY 2014 Enacted $79.9 million
FY 2015 Admin. Request $79.9 million
FY 2015 Enacted $81.8 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 2014 Enacted $21.7 million
FY 2015 Admin. Request $21.7 million
FY 2015 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 2014 Enacted $57.0 million
FY 2015 Admin. Request $57.0 million
FY 2016 Request $59.0 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 2014 Enacted $14.2 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $14.2 million

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

Telehealth Program
FY 2014 Enacted $13.9 million
FY 2015 Admin. Request $13.9 million
FY 2015 Enacted $14.9 million

Ryan White AIDS Programs
FY 2014 Enacted $2.32 billion
FY 2015 Admin. Request $2.32 billion
FY 2015 Enacted $2.32 billion

Maternal, Infant, and Childhood Home Visiting Programs. The Affordable Care Act created an 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. A short-term authorization of the program expires at the end of March 2015 and efforts are underway to enact a longer-term reauthorization.

For the fiscal years 2010-2014, $1.5 billion in mandatory funding was made available for this program. Three percent of funds were reserved for tribes, tribal organizations and urban Indian organizations; tribal funding over the five-year period was $45 million. A grant recipient is 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

Bureau of Indian Education (BIE)Allocations. The Manager's Statement provides the following instructions to the Department of Education (DOEd): "The Department shall continue to use its existing formula in allocating funds to Bureau of Indian Education schools and to follow this practice in any relevant future emergency funding that provides it the same authority and discretion." We have indicated those DOEd programs which allocate funds for distribution to BIE system schools and the amounts they received in School Year 2013-2014. Our source was the BIE FY 2015 Budget Justification.

Title I, Education for the Disadvantaged

Basic Grants to Local Education Agencies (program level)
FY 2014 Enacted $6.46 billion
FY 2015 Admin. Request $6.46 billion
FY 2015 Enacted $6.46 billion

The 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 2013-2014, BIE schools received $92.3 million in
Title I funds.

Concentration Grants
FY 2014 Enacted $1.36 billion
FY 2015 Admin. Request $1.36 billion
FY 2015 Enacted $1.36 billion

School Improvement Grants
FY 2014 Enacted $505.7 million
FY 2015 Admin. Request $505.7 million
FY 2015 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 2014 Enacted $158 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $160 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 BIE schools received $756,891 in School Year 2013-2014 from this program.

The Administration proposed no separate funding for Striving Readers (and the Ready-to-Learn Television) in lieu of $183.7 million for a new Effective Teaching and Learning program (a literacy program covering preschool through twelfth grade).

Impact Aid
Basic Support Payments (Section 8003(b))
FY 2014 Enacted $1.15 billion
FY 2015 Admin. Request $1.15 billion
FY 2015 Enacted $1.15 billion

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

Payments for Children with Disabilities (Section 8003(d))
FY 2014 Enacted $48.3 million
FY 2015 Admin. Request $48.3 million
FY 2015 Enacted $48.3 million

Federal Property (Section 8002)
FY 2014 Enacted $66.8 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $66.8 million

Facilities Maintenance (Section 8008)
FY 2014 Enacted $4.83 million
FY 2015 Admin. Request $4.83 million
FY 2015 Enacted $4.83 million

Construction and Renovation (Section 8007)
FY 2014 Enacted $17.4 million
FY 2015 Admin. Request $17.4 million
FY 2015 Enacted $17.4 million

School Improvement Programs

State Grants for Improving Teacher Quality
FY 2014 Enacted $2.35 billion
FY 2015 Admin. Request -0-
FY 2015 Enacted $2.3 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 School Year 2013-2014, the BIE schools received $11.6 million.

The Administration recommended no funding for this program, proposing instead to replace the program with a new Effective Teachers and Leaders Grant program.

Math and Science Partnerships
FY 2014 Enacted $149.7 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $152.7 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.

The Administration recommended no funding for this program, proposing instead $320 million for a new STEM Innovation program which would consolidate funds for STEM Innovation and Math and Science Partnerships.

21st Century Community Learning Centers
FY 2014 Enacted $1.15 billion
FY 2015 Admin. Request $1.15 billion
FY 2015 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 School Year 2013-2014, the BIE schools received $7.6 million from this program.

Educational Standards and Assessment
FY 2014 Enacted $378.0 million
FY 2015 Admin. Request $378.0 million
FY 2015 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 ($1.8 million in School Year 2013-2014).

Alaska Native Education Equity Assistance Program
FY 2014 Enacted $31.5 million
FY 2015 Admin. Request $31.5 million
FY 2015 Enacted $31.5 million

The Managers' Statement (as was the case with last year's appropriations report) expresses concern about the Department of Education's process for awarding funding under this program, stating:
The Department shall conduct a new grant competition in fiscal year 2015 for the Alaska Native Educational Equity Assistance program. Additionally, the Department should continue its efforts to ensure maximum participation of Alaska Native organizations in programs funded under the Alaska Native Education Equity Act, implement statutory requirements that SEAs and LEAs apply in consortia with Alaska Native organizations, ensure that all grantees have meaningful plans for consultation with Alaska Native leaders, and strictly adhere to the programmatic priorities contained in the statute.

Rural Education
FY 2014 Enacted $169.8 million
FY 2015 Admin. Request $169.8 million
FY 2015 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 School Year 2013-2014, the BIE schools received $420,600 in Rural Education funds.

Indian Education Act

FY 2014 Enacted $123.9 million
FY 2015 Admin. Request $123.9 million
FY 2015 Enacted $123.9 million

The Act provides funding for each of the Indian Education accounts at the following levels: Grants to Local Education Agencies (LEAs) ($100.4 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 School Year 2013-2014, the BIE schools received $2.9 million in Title VII Indian Education Act funds.

Innovation and Improvement

Teacher Incentive Fund (TIF)
FY 2014 Enacted $288.7 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $230.0 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.

The Administration requested no funding for this program, proposing instead $320 million for a new Teacher and Leader Innovation Fund.

School Leadership
FY 2014 Enacted $25.7 million
FY 2015 Admin. Request $35.0 million
FY 2015 Enacted $16.4 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 2014 Enacted $248.2 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $253.2 million

Funds are provided as competitive grants to State Education Agencies (SEAs) 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 $248 million for a more comprehensive Expanding Educational Options initiative.

Safe Schools and Citizenship Education

Promise Neighborhoods
FY 2014 Enacted $ 56.8 million
FY 2015 Admin. Request $100.0 million
FY 2015 Enacted $ 56.8 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 2014 Enacted $49.6 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $49.6 million

Carol M. White Physical Education Program
FY 2014 Enacted $74.6 million
FY 2015 Admin. Request -0-
FY 2015 Enacted 47.0 million

Safe and Drug Free Schools
FY 2014 Enacted $90.0 million
FY 2015 Admin. Request -0-
FY 2015 Enacted $70.0 million

The Administration did not request funding for Elementary and Secondary School Counseling, Safe and Drug Free Schools and Communities (national activities) or for the Carol M White Physical Education programs, instead proposing to combine them into a $214 million program entitled Successful, Safe and Healthy Students.

English Language Acquisition Grants

FY 2014 Enacted $723.4 million
FY 2015 Admin. Request $723.4 million
FY 2014 Enacted $737.4 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 2014 Enacted $11.47 billion
FY 2015 Admin. Request $11.57 billion
FY 2015 Enacted $11.49 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 School Year 2013-2014, BIE schools received $74.3 million under this program.

Pre-School Grants
FY 2014 Enacted $353.2 million
FY 2015 Admin. Request $353.2 million
FY 2015 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 SEAs in the provision of special education and related services to children with disabilities between the ages of three and five years. Tribal funding under this program will likely be in the $18 million range.

IDEA, Part C, Grants for Infants and Families
FY 2014 Enacted $438.5 million
FY 2015 Admin. Request $441.8 million
FY 2015 Enacted $438.6 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. Tribal funding under this program will likely be in the
$5 million range.

Vocational Rehabilitation

State Grants/Tribal Allocation
FY 2014 Enacted $3.30 billion
FY 2015 Admin. Request $3.33 billion
FY 2015 Enacted $3.33 billion

Tribes receive an allocation of one to 1.5 percent from the amount appropriated for Basic State Grants which are competitively awarded. Tribes will receive approximately $40 million from this program in FY 2015.

Career and Technical Education

Basic State Grants
FY 2014 Enacted $1.12 billion
FY 2015 Admin. Request $1.12 billion
FY 2015 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 $5,830, a $100 increase for the 2015-2016 award year. There was a $303 million reduction, and even though the Pell Grant program currently has a surplus it is expected to face shortfalls in FY 2016 and beyond.

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

These funds are authorized under the Carl Perkins Career and Technical Education Act and are provided to United Tribes Technical College and Navajo Technical University.

Strengthening Alaska Native and Native Hawaiian-Serving Institutions
FY 2014 Enacted $12.6 million discretionary +
$13.9 million mandatory
(per HEA III-F, Sec. 371)

FY 2015 Admin. Request $12.6 million discretionary +
$15 million mandatory
(per HEA III-F)

FY 2015 Enacted $12.8 million discretionary +
$13.9 million mandatory
(per HEA III-F)

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

Strengthening Tribal Colleges
FY 2014 Enacted $25.2 million discretionary +
$27.8 million mandatory
(per HEA III-F, Sec. 371)

FY 2015 Admin. Request $25.2 million discretionary +
$30.0 million mandatory
(per HEA III-F, Sec. 371)

FY 2015 Enacted $25.6 million discretionary +
$27.8 million mandatory
(per HEA III-F, Sec. 371)

Strengthening Native American Non-Tribal Institutions
FY 2014 Enacted $3.0 million discretionary +
$4.6 million mandatory
(per HEA III-F, Sec. 371)

FY 2015 Admin. Request $3.0 million discretionary +
$5.0 million mandatory
(per HEA III-F, Sec. 371)

FY 2015 Enacted $3.1 million discretionary +
$4.6 million mandatory
(per HEA III-F, Sec. 371)

Fund for the Improvement of Postsecondary Education (FIPSE)
FY 2014 Enacted $ 79.4 million
FY 2015 Admin. Request $175.0 million
FY 2015 Enacted $ 67.8 million

Included in the funding is $60 million for the First in the World Initiative which provides grants to institutions of higher education to help ensure access to and implementation of innovative strategies and practices shown to be effective in improving educational outcomes and making college more affordable for student and families. Within the $60 million is a $16 million set-aside for minority-serving institutions as defined in titles III and V of the Higher Education Act, which includes tribal colleges. The FY 2014 minority-serving set-aside was $20 million.

TRIO Programs
FY 2014 Enacted $838.3 million
FY 2015 Admin. Request $838.3 million
FY 2015 Enacted $839.8 million

TRIO received a $1.5 million increase. While we do not have FY 2015 estimated amounts per program, the following list from the FY 2014 budget request is illustrative: 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).

The Department of Education published in the December 18, 2014, FEDERAL REGISTER, a notice of funding availability for Student Support Services ($265 million for new grants and $24 million for continuation awards) with an application deadline of February 2, 2015.

GEAR UP
FY 2014 Enacted $301.6 million
FY 2015 Admin. Request $301.6 million
FY 2015 Enacted $301.6 million

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

Teacher Quality Partnership Grants
FY 2014 Enacted $40.6 million
FY 2015 Admin. Request -0-
FY 2015 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 2014 Enacted $15.1 million
FY 2015 Admin. Request $15.1 million
FY 2015 Enacted $15.1 million

Tribal colleges are among the eligible applicants for the program.

OFFICE OF MUSEUM AND LIBRARY SERVICES

The Act provides $3.86 million for Native American Library Services and $924,000 for Native American/Hawaiian Museum Services, the same amounts as in
FY 2014. Total funding for the Office of Museum and Library Services is
$227.8 million.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

FY 2014 Enacted $1.05 billion
FY 2015 Admin. Request $1.05 billion
FY 2015 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).

CORPORATION FOR PUBLIC BROADCASTING

FY 2015 Enacted $445 million
FY 2016 Enacted $445 million
FY 2017 Enacted $445 million

Funding for the Corporation for Public Broadcasting (CPB) is provided two years in advance. The FY 2015 appropriations Act will provide FY 2017 CPB core funding, most of which is distributed via a statutory formula to public television and radio stations.

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 2015 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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