[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1231 Reported in Senate (RS)]







                                                       Calendar No. 188
109th CONGRESS
  1st Session
                                S. 1231

                          [Report No. 109-118]

To amend the Indian Self-Determination and Education Assistance Act to 
   modify provisions relating to the National Fund for Excellence in 
                       American Indian Education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2005

Mr. McCain (for himself and Mr. Dorgan) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                             July 29, 2005

               Reported by Mr. McCain, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Self-Determination and Education Assistance Act to 
   modify provisions relating to the National Fund for Excellence in 
                       American Indian Education.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Fund for 
Excellence in American Indian Education Amendments Act of 
2005''.</DELETED>

<DELETED>SEC. 2. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
              EDUCATION.</DELETED>

<DELETED>    Section 501 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458bbb) is amended--</DELETED>
        <DELETED>    (1) in subsection (g), by striking paragraphs (1) 
        and (2) and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--The officers of the Foundation 
        shall be--</DELETED>
                <DELETED>    ``(A) a chief operating officer, to be 
                appointed in accordance with paragraph (2); 
                and</DELETED>
                <DELETED>    ``(B) any other officers, to be appointed 
                or elected in accordance with the constitution and 
                bylaws of the Foundation.</DELETED>
        <DELETED>    ``(2) Chief operating officer.--</DELETED>
                <DELETED>    ``(A) Appointment.--The Board shall 
                appoint a chief operating officer to the 
                Foundation.</DELETED>
                <DELETED>    ``(B) Requirements.--The chief operating 
                officer of the Foundation shall--</DELETED>
                        <DELETED>    ``(i) demonstrate experience and 
                        knowledge in matters relating to--</DELETED>
                                <DELETED>    ``(I) education, in 
                                general; and</DELETED>
                                <DELETED>    ``(II) education of 
                                Indians, in particular; and</DELETED>
                        <DELETED>    ``(ii) serve at the direction of 
                        the Board.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(o) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There is authorized to be 
        appropriated to carry out this section $5,000,000 for each of 
        fiscal years 2007 through 2009.</DELETED>
        <DELETED>    ``(2) Effect on other funds.--Funds appropriated 
        under paragraph (1) shall not reduce the amount of funds 
        available for any other program relating to Indian 
        education.''.</DELETED>

<DELETED>SEC. 3. ADMINISTRATIVE SERVICES AND SUPPORT.</DELETED>

<DELETED>    Section 502 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458bbb-1) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking paragraph (2) 
        and inserting the following:</DELETED>
        <DELETED>    ``(2) may provide funds--</DELETED>
                <DELETED>    ``(A) to pay the operating costs of the 
                Foundation; and</DELETED>
                <DELETED>    ``(B) to reimburse travel expenses of a 
                member of the Board under section 501; and''; 
                and</DELETED>
        <DELETED>    (2) in subsection (b), by inserting ``operating 
        and'' before ``travel expenses''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Fund for Excellence in 
American Indian Education Amendments Act of 2005''.

SEC. 2. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION.

    Section 501 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458bbb) is amended--
            (1) in subsection (g), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The officers of the Foundation shall 
        be--
                    ``(A) a chief operating officer, to be appointed in 
                accordance with paragraph (2); and
                    ``(B) any other officers, to be appointed or 
                elected in accordance with the constitution and bylaws 
                of the Foundation.
            ``(2) Chief operating officer.--
                    ``(A) Appointment.--The Board shall appoint a chief 
                operating officer to the Foundation.
                    ``(B) Requirements.--The chief operating officer of 
                the Foundation shall--
                            ``(i) demonstrate experience and knowledge 
                        in matters relating to--
                                    ``(I) education, in general; and
                                    ``(II) education of Indians, in 
                                particular; and
                            ``(ii) serve at the direction of the 
                        Board.'';
            (2) in subsection (l)(1), by striking ``Beginning with'' 
        and all that follows through subparagraph (B) and inserting the 
        following: ``For each fiscal year following the first fiscal 
        year during which the Foundation is in operation, the 
        administrative costs of the Foundation shall not exceed--
                    ``(A) for the first fiscal year, an amount equal to 
                20 percent of the sum of--
                            ``(i) the amounts transferred to the 
                        Foundation under subsection (m) during the 
                        preceding fiscal year; and
                            ``(ii) donations received from private 
                        sources during the preceding fiscal year;
                    ``(B) for the second fiscal year, an amount equal 
                to 15 percent of the sum of--
                            ``(i) the amounts transferred to the 
                        Foundation under subsection (m) during the 
                        preceding fiscal year; and
                            ``(ii) donations received from private 
                        sources during the preceding fiscal year; and
                    ``(C) for the third fiscal year, and each fiscal 
                year thereafter, an amount equal to 10 percent of the 
                sum of--
                            ``(i) the amounts transferred to the 
                        Foundation under subsection (m) during the 
                        preceding fiscal year; and
                            ``(ii) donations received from private 
                        sources during the preceding fiscal year.''; 
                        and
            (3) by adding at the end the following:
    ``(o) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $5,000,000 for each of fiscal years 
        2007 through 2009.
            ``(2) Effect on other funds.--Funds appropriated under 
        paragraph (1) shall not reduce the amount of funds available 
        for any other program relating to Indian education.''.

SEC. 3. ADMINISTRATIVE SERVICES AND SUPPORT.

    Section 502 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458bbb-1) is amended--
            (1) in subsection (a), by striking paragraph (2) and 
        inserting the following:
            ``(2) may provide funds--
                    ``(A) to pay the operating costs of the Foundation; 
                and
                    ``(B) to reimburse travel expenses of a member of 
                the Board under section 501; and''; and
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Reimbursementt'' and inserting ``Reimbursement''; and
                    (B) by inserting ``operating and'' before ``travel 
                expenses''.
                                                       Calendar No. 188

109th CONGRESS

  1st Session

                                S. 1231

                          [Report No. 109-118]

_______________________________________________________________________

                                 A BILL

To amend the Indian Self-Determination and Education Assistance Act to 
   modify provisions relating to the National Fund for Excellence in 
                       American Indian Education.

_______________________________________________________________________

                             July 29, 2005

                       Reported with an amendment