[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1159 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1159

  To establish an American Indian Policy Information Center, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

   Mr. Inouye (for himself, Mr. Simon, Mr. Campbell, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish an American Indian Policy Information Center, and for 
                            other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Indian Policy Information 
Center Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (a) in the development of Federal policy, Federal laws and 
        regulations designed to address social and economic conditions 
        in Indian country, Federal agencies and the Congress have a 
        continuing and expanding need for information with regard to 
        the social and economic status of Indian reservation 
        communities;
            (b) there is no existing centralized source of information 
        on the social and economic conditions in Indian country from 
        which agencies of the Federal Government and the Congress could 
        gather data that would better inform the development of Federal 
        Indian policy, Federal laws and regulations;
            (c) consistent with the Federal policies of Indian self-
        determination and tribal self-governance, tribal governments 
        are to be involved in the development of Federal Indian law and 
        policy;
            (d) there is no existing centralized source of information 
        from which tribal governments could gather data that would 
        better inform tribal government participation in the 
        development of Federal Indian law and policy;
            (e) tribal governments can more effectively govern and 
        improve life opportunities for the citizens of their 
        communities if they have access to the fullest range of 
        information and analyses that can facilitate the development of 
        tribal laws and tribal government programs;
            (f) as the trustee for Indian lands and resources, the 
        United States has an obligation to ensure that thorough and 
        comprehensive information and analyses are available to tribal 
        governments to assure the effective management of Indian lands 
        and resources, as well as to effectively address prospective 
        Federal executive branch actions or pending legislation that 
        will affect tribal lands and resources;
            (g) as the trustee for Indian lands and resources, the 
        United States has an obligation to provide itself with such 
        information and analyses as are required for sound 
        decisionmaking; and
            (h) an independent, nonpartisan institution should be 
        established in order to address the information, data, 
        research, and policy analysis needs of the agencies of the 
        Federal Government, the Congress, and tribal governments.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Board'' means the Board of Directors of the 
        Center established under section 7 of this Act;
            (2) the term ``Director'' means the Director of the Center 
        appointed under section 9 of this Act;
            (3) the term ``Indian'' means any individual who is a 
        member of an Indian tribe;
            (4) the term ``Indian tribe'' means any tribe, band, 
        nation, or other organized group or community of Indians 
        including any Alaska Native village which is recognized by the 
        United States as eligible for special programs and services 
        provided by the United States to Indians because of their 
        status as Indians;
            (5) the term ``Center'' means the American Indian Policy 
        Information Center established under section 4 of this Act;
            (6) the term ``Secretary'' means the Secretary of the 
        United States Department of Health and Human Services; and
            (7) the term ``tribal government'' means the governing body 
        of an Indian tribe.

SEC. 4. ESTABLISHMENT OF CENTER.

    (a) In General.--There is authorized to be established a federally 
chartered corporation to be known as the American Indian Policy 
Information Center, which shall be governed by the Board of Directors 
established under section 7 of this Act.
    (b) Succession and Amendment of Charter.--Subject to the review 
provided for in subsection (c), the Center shall have succession until 
dissolved by an Act of the Congress.
    (c) Review.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall--
                    (A) review the activities and performance of the 
                Center to determine whether legislation is required to 
                amend this Act in order to ensure the appropriate 
                operation of the Center; and
                    (B) submit a report to the Committee on Indian 
                Affairs of the United States Senate and to the 
                Subcommittee on Native American and Insular Affairs of 
                the Committee on Resources of the United States House 
                of Representatives containing specific findings and 
                recommendations for amendment of this Act.
            (2) Tribal consultation.--In carrying out such review and 
        preparing such report, the Comptroller General shall undertake 
        consultation with tribal governments.

SEC. 5. FUNCTIONS.

    (a) Data, Information, and Research Clearinghouse.--
            (1) In general.--
                    (A) The Center shall establish and administer a 
                clearinghouse of data, information, and research 
                relevant to the needs of the agencies of the Federal 
                Government, the Congress, and tribal governments for 
                such data, information, and research, and shall give 
                emphasis to the identification and collection of 
                materials not otherwise readily available to such 
                governments. In administering this function, the Center 
                shall engage in outreach to other information and 
                research organizations, Indian and Alaska Native 
                organizations, Federal and State agencies, and colleges 
                and universities, both in search of information and to 
                provide assistance to such organizations.
                    (B) The Center shall periodically advise agencies 
                of the Federal Government, the Congress, tribal 
                governments, and tribal organizations of new 
                information or research products, and shall provide 
                such materials to them upon request. The Center is
                 authorized to require other requesters of information 
to pay minimal fees for such materials.
                    (C) The Center shall also establish an electronic 
                database of information.
                    (D) Restrictions.--
                            (i) A tribal government may impose any 
                        condition, limitation, or other restriction on 
                        the use or dissemination of any information or 
                        other data made available by such tribal 
                        government to the Center pursuant to this Act.
                            (ii) The use or dissemination of any 
                        information or other data made available by a 
                        tribal government to the Center pursuant to 
                        this Act shall be subject to any condition, 
                        limitation, or other restriction on the use or 
                        dissemination of any information or other data 
                        made available by such tribal government to the 
                        Center pursuant to this Act.
    (b) Research and Analysis.--
            (1) In general.--The Center is authorized to conduct or 
        commission research and analyses to be carried out in 
        accordance with the highest standards of scholarship and 
        independence.
            (2) Criteria and procedures.--The Center shall adopt 
        criteria and procedures to guide the selection of research 
        projects consistent with the provisions of section 7(d)(4) of 
        this Act.
    (c) Forums and Symposia.--The Center is authorized to conduct or 
sponsor forums and symposia to explore emerging Federal Indian law or 
policy issues, to clarify options on specific issues as they relate to 
the development of Federal Indian law or policy, and to identify needs 
for data, information, or analyses.
    (d) Annual Report.--
            (1) The Center shall prepare and publish an annual report 
        to the Secretary which summarizes the activities of the Center 
        during the preceding year.
            (2) The annual report shall be available to agencies of the 
        Federal Government, the Congress, tribal governments and tribal 
        organizations, and the public.

SEC. 6. GENERAL POWERS AND AUTHORITIES OF THE CENTER.

    (a) Powers and Authorities of the Center.--In carrying out this 
Act, the Center shall have the following powers and authorities, 
consistent with the provisions of this Act--
            (1) to adopt, use, and alter a corporate seal;
            (2) subject to the availability of funds, to make 
        agreements and contracts with agencies of the Federal 
        Government, the Congress, tribal governments, tribal 
        organizations, private or other governmental entities, and 
        persons, and to make payments or advance payments under such 
        agreements or contracts without regard to the provisions of 
        section 3324 of title 31, United States Code;
            (3) on a reimbursable basis, to make use of services, 
        facilities, and property of any board, commission, independent 
        or executive agency, or department of the Federal Government in 
        carrying out the provisions of this Act;
            (4) to solicit, accept, and dispose of gifts, bequests, 
        devises of funds, securities, and other properties of any 
        character, for the benefit of the Center;
            (5) to receive grants from, and subject to the availability 
        of funds, enter into contracts and other arrangements with 
        Federal, State, tribal, or local governments, public and 
        private agencies, organizations, institutions, and individuals;
            (6) to acquire, hold, maintain, use, operate, and dispose 
        of such real property, including improvements thereon, personal 
        property, equipment, and other items, as may be necessary to 
        enable the Center to carry out the Center's responsibilities 
        under this Act;
            (7) to obtain insurance or make other provisions against 
        losses;
            (8) to use any funds or property received by the Center to 
        carry out the Center's responsibilities under this Act, except 
        that any non-Federal funds received by, or under the control of 
        the Center shall be accounted for separately from Federal 
        funds; and
            (9) to exercise all other lawful powers and authorities 
        necessarily or reasonably related to the establishment of the 
        Center in order to carry out the Center's responsibilities 
        under this Act.

SEC. 7. BOARD OF DIRECTORS.

    (a) Composition.--
            (1) The Board of Directors of the Center shall consist of 
        15 members appointed by the Secretary, and shall include--
                    (A) one representative of a tribal government from 
                each of the twelve areas served by the Bureau of Indian 
                Affairs in 1994;
                    (B) two members chosen from among individuals who 
                have expertise in Federal Indian law or policy or 
                statistical analysis as evidenced by academic or 
                professional credentials; and
                    (C) one member designated by the president of the 
                host institution.
            (2) In making appointments under subparagraphs (1) (A) and 
        (B), the Secretary shall--
                    (A) consult with Indian tribal governments; and
                    (B) solicit recommendations from Indian public 
                policy specialists, Indian tribal governments, tribally 
                controlled colleges, tribal organizations, academic 
                institutions, and public officials with expertise in 
                Federal Indian policy or statistical analysis.
    (b) Terms of Office.--
            (1) Except as otherwise provided in this section, each of 
        the members of the Board of Directors appointed pursuant to 
        subparagraph (a)(1)(A) shall be appointed for a term of office 
        of three years.
            (2) Of the initial members of the Board of Directors 
        appointed under subparagraph (a)(1)(A), four members shall be 
        appointed for a term of office of one year, four members shall 
        be appointed for a term of office of two years, and four 
        members shall be appointed for a term of office of three years.
            (3) Except as otherwise provided in this section, each of 
        the members appointed pursuant to subparagraphs (a)(1) (B) and 
        (C) shall be appointed for a term of office of two years.
            (4) Of the initial members of the Board of Directors 
        appointed under subparagraph (a)(1)(B), one member shall be 
        appointed for a term of office of one year.
            (5) No member may serve more than two consecutive terms, 
        but may continue to serve until such member's successor is 
        appointed.
    (c) Vacancies.--Any member of the Board of Directors appointed to 
fill a vacancy occurring before the expiration of the term to which 
such member's predecessor was appointed shall be appointed for the 
remainder of such term.
    (d) Powers of the Board of Directors.--The Board is authorized and 
directed to--
            (1) formulate policy for the Center and provide for its 
        management;
            (2) adopt such bylaws and rules as the Board deems 
        necessary for the administration of its functions under this 
        Act, including the organization and operating procedures of the 
        Board;
            (3) establish such committees, task forces, and working 
        groups as the Board deems appropriate and necessary;
            (4) establish a process for independent peer review of 
        major
         research proposals submitted to the Center based upon criteria 
as the Board may identify for specific projects.
    (e) Officers and Executive Committee.--The Board of Directors may 
elect such officers of the Board as the Board may deem appropriate and 
may establish an executive committee to be comprised of the officers of 
the Board and at least one at-large member selected by the Board from 
among its members. In accordance with the bylaws of the Center adopted 
by the Board, the members of the executive committee shall provide 
direction for the Board, and serve in lieu of the Board on matters 
requiring expeditious Board action, subject to review and action by the 
Board as the members of the Board may deem appropriate.
    (f) Compensation.--Members of the Board shall review compensation 
at the rate of $125 per day, including travel time for each day they 
are engaged in the performance of their official duties. Each member of 
the Board, while serving away from his or her home or regular place of 
business, shall be allowed travel expenses, including per diem, in lieu 
of subsistence.
    (g) Interim Board.--The Planning Committee appointed pursuant to 
section 11 of Public Law 101-301 and composed of those individuals 
serving on the date of enactment of this Act shall serve as the interim 
Board until the appointments authorized in subsection (a)(1) of this 
section have been made. The service of the members of the interim Board 
shall terminate on the date on which all members authorized to be 
appointed under subsection (a)(1) of this section are appointed.

SEC. 8. DIRECTOR AND EMPLOYEES.

    (a) Director.--The Board shall appoint a Director of the Center. 
The Director may only be removed from office in accordance with the 
bylaws of the Center adopted by the Board.
    (b) Responsibility of the Director.--Subject to the direction of 
the Board, the Director shall be responsible for carrying out the 
functions and responsibilities of the Center, and shall have authority 
over all personnel and activities of the Center.
    (c) Employees.--With the approval of the Board, the Director may 
appoint and fix the compensation and duties of such officers and 
employees as may be necessary for the efficient administration of the 
Center.
    (d) Preference.--In implementing this section, the Board and the 
Director shall accord preference to Indians.

SEC. 9. LIMITATIONS ON THE CENTER.

    (a) Advocacy.--The Center shall not engage in the advocacy of 
public policy alternatives, represent itself as the voice of tribal 
governments, or take other actions that could be construed as 
interfering with the government-to-government relationship between 
tribal governments and the United States.
    (b) Political Action.--The Center shall not contribute to, or 
otherwise support, any political party or candidate for elective public 
office, including tribal government office.
    (c) Treatment of Income and Assets.--No part of the income or 
assets of the Center shall inure to the benefit of any member of the 
Board of Directors, or any director, employee, or other individuals 
associated with the Center, except as salary or reasonable compensation 
for services.

SEC. 10. TRANSFER OF FUNCTIONS AND ADMINISTRATION TO THE CENTER.

    (a) Transfer of Functions.--The functions set forth in section 11 
of Public Law 101-301 relating to the National Center of Native 
American Studies and Indian Policy Development, and section 816(e) of 
the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) are 
authorized to be transferred to the Center, and the Center shall 
thereafter perform any and all such functions.
    (b) Grant.--
            (1) In general.--Subject to the availability of 
        appropriations, not later than 30 days after the date on which 
        an
         appropriation for a grant under this subsection is made 
available, the Secretary of Health and Human Services shall award a 
grant to the Center to carry out all activities of the Center and to 
enable the Center to provide such management, technical and support 
assistance as may be reasonable or necessary to operate the Center, 
including audit, accounting, computer services and building and 
maintenance services.
            (2) Automatic renewal.--Subject to the availability of 
        appropriations, the grant shall be renewed automatically and 
        awarded on an annual basis until such time as the Congress may 
        otherwise provide.

SEC. 11. RELATIONSHIP WITH TRIBAL COLLEGES AND OTHER RESEARCH 
              ORGANIZATIONS.

    (a) Contracts and Agreements.--Pursuant to the direction of, and in 
consultation with the Board, the Director may enter into contracts, 
memoranda of understanding and agreements with--
            (1) tribally controlled community colleges as defined by 
        section 2(a)(4) of the Tribally Controlled Community College 
        Assistance Act of 1978 (U.S.C. 1801(a)(4));
            (2) the United Tribes Technical College, Southwest Indian 
        Polytechnic Institute, Haskell Indian Junior College, and 
        Crownpoint Institute of Technology; or
            (3) other research institutions for the purpose of 
        conducting research, developing issue papers, or assisting the 
        Center in carrying out the responsibilities of the Center under 
        this Act.
    (b) Special Consideration.--In entering into contracts for research 
under this section, the Director may give special consideration to 
institutions or individuals that have successfully conducted research 
in cooperation with tribal governments and tribal organizations.
    (c) Facilities and Technical Services.--
            (1) George washington university.--The Board shall enter 
        into an agreement with the George Washington University to 
        obtain facilities and technical services for a period not to 
        exceed two years beginning on the first day of the first fiscal 
        year for which funds are appropriated to carry out this Act.
            (2) Other accredited institutions of higher education.--The 
        Board may enter into agreements with--
                    (A) the George Washington University;
                    (B) tribally controlled community colleges as 
                defined by section 2(a)(4) of the Tribally Controlled 
                Community College Assistance Act of 1978 (U.S.C. 
                1801(a)(4));
                    (C) the United Tribes Technical College, Southwest 
                Indian Polytechnic Institute, Haskell Indian Junior 
                College, and Crownpoint Institute of Technology;
                    (D) accredited institutions of higher education (as 
                defined in section 1201(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1141(a)); or
                    (E) research institutions that have conducted 
                research in cooperation with Indians;
        to obtain facilities and technical services for any period 
        after the expiration of the initial agreement with the George 
        Washington University referred to in subparagraph (1).
            (3) Matching fund requirement.--The George Washington 
        University or other institution as set forth in subsection (2) 
        of this section shall provide financial assistance to the 
        Center as prescribed in section 803(b) of the Native American 
        Programs Act of 1975, as amended (42 U.S.C. 2991b).

SEC. 12. BUDGET PROPOSAL.

    The Board shall submit an operating budget proposal for the Center 
for fiscal year 1996, and each fiscal year thereafter, to the 
Secretary. The Secretary shall transmit such budget proposal, together 
with the budget proposal of the Department of Health and Human 
Services, to the President. The budget proposal of the Center shall be 
included in the annual budget request of the President submitted to the 
Congress pursuant to section 1108 of title 31, United States Code.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1996 through 2000 to carry out 
the provisions of this Act. Funds made available by appropriations 
pursuant to this section shall remain available without fiscal year 
limitation.
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