I 

109TH CONGRESS 

1ST SESSION S. 1231 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2005 

Referred to the Committee on Education and the Workforce, and in addition 

to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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 amend5 ed— 

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: EMILY J. REYNOLDS, 

Secretary.