,,ii  #aacth ,,congress  #ast ,session  
,s4 #gfe  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,april #ah1 #bjac   
,mr4 ,bennet 7for himself1 ,mr4         
,franken1 ,ms4 ,klobuchar1 ,mr4 ,udall  
of ,colorado1 and ,mr4 ,heinrich7       
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
help provide relief to ,state education 
budgets during a recovering economy1 to 
help fulfill the ,federal mandate to    
provide higher educational opportunities
 for ,native ,american ,indians1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,native       
,american ,indian ,education ,act4  #b4 
,findings and purpose  7a7 ,findings    
,congress finds the following3  7#a7    
,nontribal colleges that serve ,native  
,american ,indian students have a       
valuable supplemental role to that      
provided by tribally controlled         
community colleges in making available  

educational opportunities to ,native    
,american ,indian students4  7#b7 ,some 
#d-year colleges serve ,native ,american
 ,indian students by providing          
tuition-free education1 with the support
 of the ,state in which the institutions
 are located1 as mandated by ,federal   
statute1 to hundreds of ,native         
,american ,indian students in           
fulfillment of a condition under which  
the ,united ,states provided land and   
facilities for colleges to a ,state or  
college4  7#c7 ,the value of the ,native
 ,american ,indian student tuition      
waiver benefits contributed by these    
colleges and the ,states that support   
them today far exceeds the value of the 
original grant of land and facilities4  
7#d7 ,the ongoing financial burden of   
meeting this ,federal mandate to provide
 tuition-free education to ,native      
,american ,indian students is no longer 
equitably shared among the ,states and  
colleges because it does not distinguish
 between ,native ,american ,indian      

students who are residents of the ,state
 or of another ,state4  7#e7 ,in fiscal 
year #bjab1 the ,state of ,colorado paid
 approximately #ac1jjj1jjj in tuition   
fees to support the education of ,native
 ,american ,indian students at ,fort    
,lewis ,college in ,colorado4 ,in the   
,state of ,minnesota1 the ,university of
 ,minnesota waived #b1fjj1jjj in tuition
 for ,native ,american ,indian students 
in fiscal year #bjab4  7#f7 ,native     
,american ,indian student tuition waiver
 benefits are now at risk of being      
terminated by severe budget constraints 
being experienced by these colleges and 
the ,states which support them4  7b7    
,purpose ,it is the purpose of this ,act
 to ensure that ,federal funding is     
provided in order to relieve constrained
 ,state education budgets and to support
 and sustain the longstanding ,federal  
mandate requiring colleges and ,states  
to waive1 in certain circumstances1     
tuition charges for ,native ,american   
,indian students admitted to an         

undergraduate college program1 including
 the waiver of tuition charges for      
,native ,american ,indian students who  
are not residents of the ,state in which
 the college is located4  #c4 ,state    
relief from ,federal mandate ,part ,a of
 title ,,iii of the ,higher ,education  
,act of #aife 7#bj ,u4,s4,c4 #ajeg et   
seq47 is amended by inserting after     
section #cai the following3  #cai;,a4   
,state relief from ,federal higher      
education mandate  7a7 ,amount of       
payment  7#a7 ,in general ,subject to   
paragraphs 7#b7 and 7#c71 for fiscal    
year #bjad and each succeeding fiscal   
year1 the ,secretary shall pay to any   
eligible college an amount equal to the 
charges for tuition for such year for   
all ,native ,american ,indian students  
who--  7,a7 are not residents of the    
,state in which the college is located2 
and  7,b7 are enrolled in the college   
for the academic year ending before the 
beginning of such fiscal year4  7#b7    
,eligible colleges ,for purposes of this

 section1 an eligible college is any    
institution of higher education serving 
,native ,american ,indian students that 
provides tuition-free education as      
mandated by ,federal statute1 with the  
support of the ,state in which it is    
located1 to ,native ,american ,indian   
students in fulfillment of a condition  
under which the college or ,state       
received its original grant of land and 
facilities from the ,united ,states4    
7#c7 ,limitation ,the amount paid to any
 eligible college for each fiscal year  
under paragraph 7#a7 may not exceed the 
amount equal to the charges for tuition 
for all ,native ,american ,indian       
students of that college who were not   
residents of the ,state in which the    
college is located and who were enrolled
 in the college for academic year       
#bjab-bjac4  7b7 ,treatment of payment  
,any amounts received by an eligible    
college under this section shall be     
treated as a reimbursement from the     
,state in which the college is located1 

and shall be considered as provided in  
fulfillment of any ,federal mandate upon
 the ,state to admit ,native ,american  
,indian students free of charge of      
tuition4  7c7 ,rule of construction     
,nothing in this section shall be       
construed to relieve any ,state from any
 mandate the ,state may have under      
,federal law to reimburse a college for 
each academic year--  7#a7 with respect 
to ,native ,american ,indian students   
enrolled in the college who are not     
residents of the ,state in which the    
college is located1 any amount of       
charges for tuition for such students   
for such academic year that exceeds the 
amount received under this section for  
such academic year2 and  7#b7 with      
respect to ,native ,american ,indian    
students enrolled in the college who are
 residents of the ,state in which the   
college is located1 an amount equal to  
the charges for tuition for such        
students for such academic year4  7d7   
,definition of ,native ,american ,indian

 students ,in this section1 the term    
,native ,american ,indian students      
includes reference to the term ,indian  
pupils as that term has been utilized in
 ,federal statutes imposing a mandate   
upon any college or ,state to provide   
tuition-free education to ,native       
,american ,indian students in           
fulfillment of a condition under which  
the college or ,state received its      
original grant of land and facilities   
from the ,united ,states4  4  #d4       
,offset  7a7 ,in general                
,notwithstanding any other provision of 
law1 #ae1jjj1jjj in appropriated        
discretionary funds are hereby          
rescinded1 on a pro rata basis1 by      
account1 from all available unobligated 
funds4  7b7 ,implementation ,the        
,director of the ,office of ,management 
and ,budget shall determine and identify
 from which appropriation accounts the  
rescission under subsection 7a7 shall   
apply and the amount of such rescission 
that shall apply to each such account4  

,not later than #fj days after the date 
of enactment of this ,act1 the ,director
 of the ,office of ,management and      
,budget shall submit a report to the    
,secretary of the ,treasury and         
,congress of the accounts and amounts   
determined and identified for rescission
 under the preceding sentence4  7c7     
,exception ,this section shall not apply
 to the unobligated funds of the        
,department of ,defense1 the ,department
 of ,veterans ,affairs1 or the          
,department of ,education1 or any       
unobligated funds available to the      
,department of the ,interior for the    
postsecondary education of ,native      
,american ,indian students4