II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 1231 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Fund for Ex3 cellence in American Indian Education Amendments Act 

4 of 2005’’. 

5 SEC. 2. NATIONAL FUND FOR EXCELLENCE IN AMERICAN 

6 INDIAN EDUCATION. 

7 Section 501 of the Indian Self-Determination and 

8 Education Assistance Act (25 U.S.C. 458bbb) is amend9 ed— 

10 (1) in subsection (g), by striking paragraphs 

11 (1) and (2) and inserting the following: 

12 ‘‘(1) IN GENERAL.—The officers of the Founda13 tion shall be— 

14 ‘‘(A) a chief operating officer, to be ap15 pointed in accordance with paragraph (2); and 

16 ‘‘(B) any other officers, to be appointed or 

17 elected in accordance with the constitution and 

18 bylaws of the Foundation. 

19 ‘‘(2) CHIEF OPERATING OFFICER.— 

20 ‘‘(A) APPOINTMENT.—The Board shall ap21 point a chief operating officer to the Founda22 tion. 

23 ‘‘(B) REQUIREMENTS.—The chief oper24 ating officer of the Foundation shall— 

25 ‘‘(i) demonstrate experience and 

26 knowledge in matters relating to— 
3 

•S 1231 RS

1 ‘‘(I) education, in general; and 

2 ‘‘(II) education of Indians, in 

3 particular; and 

4 ‘‘(ii) serve at the direction of the 

5 Board.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is authorized to be 

9 appropriated to carry out this section $5,000,000 for 

10 each of fiscal years 2007 through 2009. 

11 ‘‘(2) EFFECT ON OTHER FUNDS.—Funds ap12 propriated under paragraph (1) shall not reduce the 

13 amount of funds available for any other program re14 lating to Indian education.’’. 

15 SEC. 3. ADMINISTRATIVE SERVICES AND SUPPORT. 

16 Section 502 of the Indian Self-Determination and 

17 Education Assistance Act (25 U.S.C. 458bbb–1) is 

18 amended— 

19 (1) in subsection (a), by striking paragraph (2) 

20 and inserting the following: 

21 ‘‘(2) may provide funds— 

22 ‘‘(A) to pay the operating costs of the 

23 Foundation; and 
4 

•S 1231 RS

1 ‘‘(B) to reimburse travel expenses of a 

2 member of the Board under section 501; and’’; 

3 and 

4 (2) in subsection (b), by inserting ‘‘operating 

5 and’’ before ‘‘travel expenses’’. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘National Fund for Ex8 cellence in American Indian Education Amendments Act 

9 of 2005’’. 

10 SEC. 2. NATIONAL FUND FOR EXCELLENCE IN AMERICAN 

11 INDIAN EDUCATION. 

12 Section 501 of the Indian Self-Determination and 

13 Education Assistance Act (25 U.S.C. 458bbb) is amended— 

14 (1) in subsection (g), by striking paragraphs (1) 

15 and (2) and inserting the following: 

16 ‘‘(1) IN GENERAL.—The officers of the Founda17 tion shall be— 

18 ‘‘(A) a chief operating officer, to be ap19 pointed in accordance with paragraph (2); and 

20 ‘‘(B) any other officers, to be appointed or 

21 elected in accordance with the constitution and 

22 bylaws of the Foundation. 

23 ‘‘(2) CHIEF OPERATING OFFICER.— 

24 ‘‘(A) APPOINTMENT.—The Board shall ap25 point a chief operating officer to the Foundation. 
5 

•S 1231 RS

1 ‘‘(B) REQUIREMENTS.—The chief operating 

2 officer of the Foundation shall— 

3 ‘‘(i) demonstrate experience and knowl4 edge in matters relating to— 

5 ‘‘(I) education, in general; and 

6 ‘‘(II) education of Indians, in 

7 particular; and 

8 ‘‘(ii) serve at the direction of the 

9 Board.’’; 

10 (2) in subsection (l)(1), by striking ‘‘Beginning 

11 with’’ and all that follows through subparagraph (B) 

12 and inserting the following: ‘‘For each fiscal year fol13 lowing the first fiscal year during which the Founda14 tion is in operation, the administrative costs of the 

15 Foundation shall not exceed— 

16 ‘‘(A) for the first fiscal year, an amount 

17 equal to 20 percent of the sum of— 

18 ‘‘(i) the amounts transferred to the 

19 Foundation under subsection (m) during 

20 the preceding fiscal year; and 

21 ‘‘(ii) donations received from private 

22 sources during the preceding fiscal year; 

23 ‘‘(B) for the second fiscal year, an amount 

24 equal to 15 percent of the sum of— 
6 

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1 ‘‘(i) the amounts transferred to the 

2 Foundation under subsection (m) during 

3 the preceding fiscal year; and 

4 ‘‘(ii) donations received from private 

5 sources during the preceding fiscal year; 

6 and 

7 ‘‘(C) for the third fiscal year, and each fis8 cal year thereafter, an amount equal to 10 per9 cent of the sum of— 

10 ‘‘(i) the amounts transferred to the 

11 Foundation under subsection (m) during 

12 the preceding fiscal year; and 

13 ‘‘(ii) donations received from private 

14 sources during the preceding fiscal year.’’; 

15 and 

16 (3) by adding at the end the following: 

17 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.— 

18 ‘‘(1) IN GENERAL.—There is authorized to be ap19 propriated to carry out this section $5,000,000 for 

20 each of fiscal years 2007 through 2009. 

21 ‘‘(2) EFFECT ON OTHER FUNDS.—Funds appro22 priated under paragraph (1) shall not reduce the 

23 amount of funds available for any other program re24 lating to Indian education.’’. 
7 

•S 1231 RS

1 SEC. 3. ADMINISTRATIVE SERVICES AND SUPPORT. 

2 Section 502 of the Indian Self-Determination and 

3 Education Assistance Act (25 U.S.C. 458bbb–1) is amend4 ed— 

5 (1) in subsection (a), by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) may provide funds— 

8 ‘‘(A) to pay the operating costs of the Foun9 dation; and 

10 ‘‘(B) to reimburse travel expenses of a mem11 ber of the Board under section 501; and’’; and 

12 (2) in subsection (b)— 

13 (A) in the subsection heading, by striking 

14 ‘‘REIMBURSEMENTT’’ and inserting ‘‘REIM15 BURSEMENT’’; and 

16 (B) by inserting ‘‘operating and’’ before 

17 ‘‘travel expenses’’. 
Calendar No. 188 

109TH CONGRESS 

1ST SESSION S. 1231 

[Report No. 109–118] 

A BILL 

To amend the Indian Self-Determination and Eduican Indian Education. ing to the National Fund for Excellence in Amer- cation Assistance Act to modify provisions relatJULY 29, 2005 

Reported with an amendment