109TH CONGRESS

1ST SESSION S. 1231

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Fund for Ex5 cellence in American Indian Education Amendments Act

6 of 2005’’.
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1 SEC. 2. NATIONAL FUND FOR EXCELLENCE IN AMERICAN

2 INDIAN EDUCATION.

3 Section 501 of the Indian Self-Determination and

4 Education Assistance Act (25 U.S.C. 458bbb) is

5 amended—

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

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

8 ‘‘(1) IN GENERAL.—The officers of the Founda9 tion shall be—

10 ‘‘(A) a chief operating officer, to be ap11 pointed in accordance with paragraph (2); and

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

13 elected in accordance with the constitution and

14 bylaws of the Foundation.

15 ‘‘(2) CHIEF OPERATING OFFICER.—

16 ‘‘(A) APPOINTMENT.—The Board shall ap17 point a chief operating officer to the Founda18 tion.

19 ‘‘(B) REQUIREMENTS.—The chief oper20 ating officer of the Foundation shall—

21 ‘‘(i) demonstrate experience and

22 knowledge in matters relating to—

23 ‘‘(I) education, in general; and

24 ‘‘(II) education of Indians, in

25 particular; and
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1 ‘‘(ii) serve at the direction of the

2 Board.’’;

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

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

5 and inserting the following: ‘‘For each fiscal year

6 following the first fiscal year during which the Foun7 dation is in operation, the administrative costs of the

8 Foundation shall not exceed—

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

10 equal to 20 percent of the sum of—

11 ‘‘(i) the amounts transferred to the

12 Foundation under subsection (m) during

13 the preceding fiscal year; and

14 ‘‘(ii) donations received from private

15 sources during the preceding fiscal year;

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

17 equal to 15 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 and
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1 ‘‘(C) for the third fiscal year, and each fis2 cal year thereafter, an amount equal to 10 per3 cent of the sum of—

4 ‘‘(i) the amounts transferred to the

5 Foundation under subsection (m) during

6 the preceding fiscal year; and

7 ‘‘(ii) donations received from private

8 sources during the preceding fiscal year.’’;

9 and

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

11 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—

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

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

14 each of fiscal years 2007 through 2009.

15 ‘‘(2) EFFECT ON OTHER FUNDS.—Funds ap16 propriated under paragraph (1) shall not reduce the

17 amount of funds available for any other program re18 lating to Indian education.’’.

19 SEC. 3. ADMINISTRATIVE SERVICES AND SUPPORT.

20 Section 502 of the Indian Self-Determination and

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

22 amended—

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

24 and inserting the following:

25 ‘‘(2) may provide funds—
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1 ‘‘(A) to pay the operating costs of the

2 Foundation; and

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

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

5 and

6 (2) in subsection (b)—

7 (A) in the subsection heading, by striking

8 ‘‘REIMBURSEMENTT’’ and inserting ‘‘REIM9 BURSEMENT’’; and

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

11 ‘‘travel expenses’’.

Passed the Senate December 12, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1231

AN ACT

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 relat-