[Congressional Record Volume 151, Number 158 (Monday, December 12, 2005)]
[Senate]
[Pages S13455-S13456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION AMENDMENTS 
                              ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 188, S. 1231.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The bill clerk read as follows:

       A bill (S. 1231) to amend the Indian Self-Determination and 
     Education Assistance Act

[[Page S13456]]

     to modify provisions relating to the National Fund for 
     Excellence in American Indian Education.

  There being no objection, the Senate proceded to consider the bill 
which had been reported from the Committee on Indian Affairs with an 
amendment.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1231

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

     [SECTION 1. SHORT TITLE.

       [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.''; 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.''.

     [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), by inserting ``operating and'' 
     before ``travel expenses''.]

     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''.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute be agreed to; the bill, as amended, be 
read the third time and passed; the motions to reconsider be laid upon 
the table; and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1231), as amended, was read the third time and passed.

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