20 U.S.C. § 7471: National Advisory Council on…

Summary

Creates a National Advisory Council on Indian Education made up of 15 Indian members. The President appoints them from nominee lists sent by Indian tribes and organizations, and members must represent different parts of the United States. The Council must advise the Secretary and the Secretary of the Interior about funding, rules, and how programs are run when those programs are under the Secretary’s authority and include or may help Indian children or adults. The Council must recommend people to fill the Director of Indian Education when there is a vacancy and send Congress a report by June 30 each year with its activities and recommendations for improving and funding those federal education programs.

Title 20, §7471

Education, Source: USLM XML via OLRC

(a)Membership

There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the “Council”), which shall—

(1)consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and

(2)represent different geographic areas of the United States.

(b)Duties

The Council shall—

(1)advise the Secretary and the Secretary of the Interior concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established under this part—

(A)with respect to which the Secretary has jurisdiction; and

(B)(i)that includes Indian children or adults as participants; or

(ii)that may benefit Indian children or adults;

(2)make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and

(3)submit to Congress, not later than June 30 of each year, a report on the activities of the Council, including—

(A)any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and

(B)recommendations concerning the funding of any program described in subparagraph (A).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7471, Pub. L. 89–10, title VII, § 7141, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3732, set forth purpose of former subpart relating to professional development, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6141 of Pub. L. 89–10 was classified to section 7315 of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (b)(1). Pub. L. 114–95, § 6002(r), inserted “and the Secretary of the Interior” after “advise the Secretary” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. Termination of Advisory CouncilsAdvisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See section 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. National Advisory Council on Indian Education Pub. L. 118–209, Dec. 23, 2024, 138 Stat. 2705, provided that: “section 1.

Short Title

.“This Act may be cited as the ‘National Advisory Council on Indian Education Improvement Act’ or the ‘NACIE Improvement Act’. “SEC. 2. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.“By not later than 180 days after the date of enactment of this Act [Dec. 23, 2024] and notwithstanding any other provision of section 6141 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7471), the President shall ensure that the National Advisory Council on Indian Education established under such section includes at least one member who is a president of a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))[)].”

§7471 National Advisory Council on Indian Education