Page:United States Statutes at Large Volume 102 Part 2.djvu/600

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1604

PUBLIC LAW 100-427—SEPT. 9, 1988

SEC. 2. ALLOTMENT FORMULA.

(a) FISCAL YEAR 1990.—Section 1128(c)(l)(B) of the Education Amendments of 1978 (25 U.S.C. 2008(c)(l)(B)) is amended by striking out "an average daily attendance o f and inserting in lieu thereof "an enrollment o f. 0)) TECHNICAL AMENDMENTS.—(1) Clause (i) of section 1128(c)(4)(A) of the Education Amendments of 1978 (25 U.S.C. 2008(c)(4)(A)) is amended by striking out "Amendments" and inserting in lieu thereof "Act". (2) Clause (iii) of section 5107(b)(l)(A) of the Indian Education Amendments of 1988 (20 U.S.C. 1411 note) is amended— (A) by striking out "602(1)" and inserting in lieu thereof "602(a)(l)"; and (B) by striking out "401(1)" and inserting in lieu thereof "1401(a)(l)". (c) CONTRACT SCHOOLS TREATED AS POLITICAL SUBDIVISIONS.—Sec-

tion 1128(c)(5) of the Education Amendments of 1978 (25 U.S.C. 2008(c)(5)) is amended by striking out "schools operated by Indian t r i b ^ " and inserting in lieu thereof "contract schools". SEC 3. EMERGENCIES AND UNFORESEEN CONTINGENCIES.

Reports.

Section 1128(d) of the Education Amendments of 1978 (25 U.S.C. 2008(d)) is amended to read as follows: "(d) The Secretary shall reserve from the funds available for distribution for each fiscal year under this section an amount which, in the a g g r ^ a t e, shall equal 1 percent of the funds available for such purpose for that fiscal year. Such funds shall be used, at the discretion of the Director of the Office, to meet emergencies and unforeseen contingencies affecting the education programs funded under this section. Funds r e s e r v ^ under this suteection may only be expended for education services or programs at a schoolsite (as defined in section 5204(c)(2) of the Tribally C!ontrolled Schools Act of 1988). Funds reserved under this subsection shall remain available without fiscal year limitation until expended. However, the aggregate amount available from all fiscal years may not exceed 1 percent of the current year funds. Whenever the Secretary makes funds available under this subKsection, the Secretary shall report such action to the appropriate committees of Congress within the annual budget submission.". SEC. 4. ADMINISTRATIVE COST GRANTS. (a) AMOUNT OF GRANT; RATE APPLICABLE ONLY TO EDUCATIONAL

ACTIVITIES.—Section 1128A(b)(l) of the Education Amendments of 1978 (25 U.S.C. 2008a(b)(l)) is amended— (1) by striking out "to each of the direct cost education programs" and inserting in lieu thereof "to the a ^ r e g a t e of the Bureau elementary and secondary functions"; and (2) by adding at the end thereof the following new sentence: "The administrative cost percentage rate determined under subsection (c) does not applv to other prc^rams operated by the tribe or tribal organization.'. (b) SINGLE ADMINISTRATIVE COST ACCOUNT.—Subsection (d)(l)(A) of

section 1128A of the Education Amendments of 1978 (25 U.S.C. 2008a) is amended by inserting "tribe or" before "contract school" each place it appears. (c) STUDIES.—Subsection (f) of section 1128A of the Education Amendments of 1978 (25 U.S.C. 2008a) is amended—