[House Report 108-510]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-510
HOUSE OF REPRESENTATIVES
2d Session Part 1
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AMENDING THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT TO
REDESIGNATE THE AMERICAN INDIAN EDUCATION FOUNDATION AS THE NATIONAL
FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION
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May 20, 2004.--Ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3504]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3504) to amend the Indian Self-Determination and
Education Assistance Act to redesignate the American Indian
Education Foundation as the National Fund for Excellence in
American Indian Education, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 3504 is to amend the Indian Self-
Determination and Education Assistance Act to redesignate the
American Indian Education Foundation as the National Fund for
Excellence in American Indian Education.
Background and Need for Legislation
The Omnibus Indian Advancement Act (Public Law 106-568)
directed the Secretary of the Interior to establish a
charitable, non-profit foundation called the ``American Indian
Education Foundation.'' The goal of this foundation is to
further the educational opportunities of American Indians who
attend a Bureau of Indian Affairs-funded school.
It was subsequently discovered that the name ``American
Indian Education Foundation'' is already used by an existing
non-profit, which holds a trademark to the name. The name of
the entity established by Public Law 106-568 must therefore be
changed by an Act of Congress because it cannot incorporate
under its statutorily given name.
This bill re-designates the entity established under Public
Law 106-568 as ``The National Fund for Excellence in American
Indian Education.'' According to a memorandum prepared by the
Principle Deputy Assistant Secretary of the Interior for Indian
Affairs dated October 8, 2003, there is no other entity that
has registered a trademark to ``The National Fund for
Excellence in American Indian Education.''
Committee Action
H.R. 3504 was introduced on November 17, 2003, by
Congressman Rick Renzi (R-AZ). The bill was referred primarily
to the Committee on Education and the Workforce and
additionally to the Committee on Resources. On May 5, 2004, the
Full Resources Committee met to consider the bill. No
amendments were offered and the bill was then ordered favorably
reported to the House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 17, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3504, a bill to
amend the Indian Self-Determination and Education Assistance
Act to redesignate the American Indian Education Foundation as
the National Fund for Excellence in American Indian Education.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Paul
Cullinan.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 3504--A bill to amend the Indian Self-Determination and Education
Assistance Act to redesignate the American Indian Education
Foundation as the National Fund for Excellence in American
Indian Education
H.R. 3504 would amend the Indian Self-Determination and
Education Assistance Act to redesignate the American Indian
Education Foundation as the National Fund for Excellence in
American Indian Education. The bill would change the name of
the foundation created by that act because it was determined
that the name of the foundation had already been copyrighted
for another foundation. Because the name of the foundation was
specified in the law, a name change would require the new
legislation.
CBO estimates that implementing H.R. 3504 would have no
effect on the federal budget. H.R. 3504 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of state, local, or tribal governments.
The CBO staff contact for this estimate is Paul Cullinan.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
* * * * * * *
[TITLE V--AMERICAN INDIAN EDUCATION FOUNDATION
[SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.]
TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION
SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION.
(a) In General.--As soon as practicable after the date of the
enactment of this title, the Secretary of the Interior shall
establish, under the laws of the District of Columbia and in
accordance with this title, [the American Indian Education
Foundation] a foundation to be known as the ``National Fund for
Excellence in American Indian Education'' (hereinafter referred
to as the ``Foundation'').
* * * * * * *