II Calendar No. 188 109th CONGRESS 1st Session S. 1231 [Report No. 109–118] 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.
1.
Short title
This Act may be cited as the National Fund for Excellence in American Indian Education Amendments Act of 2005.
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. ; and (2)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. .
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), by inserting operating and before travel expenses.
1.
Short title
This Act may be cited as the National Fund for Excellence in American Indian Education Amendments Act of 2005.
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. .
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.
July 29, 2005 Reported with an amendment