[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2661 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2661

 To amend title 36 of the United States Code to establish the American 
          Indian Education Foundation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 1999

Mr. Kildee (for himself, Mr. Kennedy of Rhode Island, Mr. George Miller 
of California, Mr. Udall of New Mexico, Mr. Hayworth, Mr. Pomeroy, and 
  Mr. Kolbe) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 36 of the United States Code to establish the American 
          Indian Education Foundation, 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 Education Foundation 
Act of 1999''.

SEC. 2. AMERICAN INDIAN EDUCATION FOUNDATION.

    (a) In General.--Part B of subtitle II of title 36, United States 
Code, is amended by inserting after chapter 215 the following:

          ``CHAPTER 216. AMERICAN INDIAN EDUCATION FOUNDATION

``Sec.
``21601. Organization.
``21602. Purposes.
``21603. Governing body.
``21604. Powers.
``21605. Principal office.
``21606. Service of process.
``21607. Liability of officers and agents.
``21608. Restrictions.
``21609. Transfer of donated funds.
``Sec. 21601. Organization
    ``(a) Federal Charter.--The American Indian Education Foundation 
(herein in this chapter referred to as the `foundation') is a federally 
chartered corporation.
    ``(b) Perpetual Existence.--Except as otherwise provided, the 
foundation has perpetual existence.
    ``(c) Nature of Corporation.--The foundation is a charitable and 
nonprofit corporation and is not an agency or instrumentality of the 
United States.
    ``(d) Place of Incorporation and Domicile.--The foundation is 
declared to be incorporated and domiciled in the District of Columbia.
    ``(e) Definitions.--In this chapter--
            ``(1) the term `American Indian' has the meaning given the 
        term `Indian' in section 4(d) of the Indian Self-Determination 
        and Assistance Act (25 U.S.C. 450b(d)); and
            ``(2) the term `Bureau funded school' has the meaning given 
        that term in section 1146 of the Education Amendments of 1978 
        (25 U.S.C. 2026).
``Sec. 21602. Purposes
    ``The purposes of the foundation are--
            ``(1) to encourage, accept, and administer private gifts of 
        real and personal property or any income therefrom or other 
        interest therein for the benefit of, or in support of, the 
        mission of the Office of Indian Education Programs of the 
        Bureau of Indian Affairs (or its successor office);
            ``(2) to undertake and conduct such other activities as 
        will further the educational opportunities of American Indians 
        who attend a Bureau funded school; and
            ``(3) to participate with, and otherwise assist, Federal, 
        State, and tribal governments, agencies, entities, and 
        individuals in undertaking and conducting activities that will 
        further the educational opportunities of American Indians 
        attending Bureau funded schools.
``Sec. 21603. Governing body
    ``(a) Board of Directors.--
            ``(1) The board of directors (hereinafter in this chapter 
        referred to as the `board') is the governing body of the 
        foundation. The board may exercise, or provide for the exercise 
        of, the powers of the foundation.
            ``(2) The number of members of the board, the manner of 
        their selection (including the filling of vacancies), and their 
        terms of office are as provided in the constitution and bylaws 
        of the foundation. However, the board shall have at least 11 
        members, 2 of whom shall be the Secretary of the Interior and 
        the Assistant Secretary of the Interior for Indian Affairs, who 
        shall serve as ex officio nonvoting members, and the initial 
        members of the board shall be appointed by the Secretary of the 
        Interior pursuant to section 3(a) of the American Indian 
        Education Foundation Act of 1999.
            ``(3) The members of the board shall be United States 
        citizens who are knowledgeable or experienced in American 
        Indian education and shall, to the extent practicable, 
        represent diverse points of view relating to the education of 
        American Indians.
    ``(b) Officers.--
            ``(1) The officers of the foundation are a secretary, 
        elected from among the members of the board, and any other 
        officers provided for in the constitution and bylaws of the 
        foundation.
            ``(2) The secretary shall serve, at the direction of the 
        board, as its chief operating officer and shall be 
        knowledgeable and experienced in matters relating to education 
        in general and education of American Indians in particular.
            ``(3) The manner of election, term of office, and duties of 
        the officers are as provided in the constitution and bylaws of 
        the foundation.
    ``(c) Compensation.--Members of the board shall not receive 
compensation for their services as members, but shall be reimbursed for 
actual and necessary travel and subsistence expenses incurred by them 
in the performance of the duties of the foundation.
``Sec. 21604. Powers
    ``The foundation--
            ``(1) shall adopt a constitution and bylaws for the 
        management of its property and the regulation of its affairs, 
        which may be amended;
            ``(2) may adopt and alter a corporate seal;
            ``(3) may make contracts, subject to the limitations of 
        this chapter;
            ``(4) may acquire (through a gift or otherwise), own, 
        lease, encumber, and transfer real or personal property as 
necessary or convenient to carry out the purposes of the foundation;
            ``(5) may sue and be sued; and
            ``(6) may perform any other act necessary and proper to 
        carry out the purposes of the foundation.
``Sec. 21605. Principal office
    ``The principal office of the foundation shall be in the District 
of Columbia. However, the activities of the foundation may be 
conducted, and offices may be maintained, throughout the United States 
in accordance with the constitution and bylaws of the foundation.
``Sec. 21606. Service of process
    ``The foundation shall comply with the law on service of process of 
each State in which it is incorporated and of each State in which the 
foundation carries on activities.
``Sec. 21607. Liability of officers and agents
    ``The foundation is liable for the acts of its officers and agents 
acting within the scope of their authority. Members of the board are 
personally liable only for gross negligence in the performance of their 
duties.
``Sec. 21608. Restrictions
    ``(a) Limitation on Spending.--Beginning with the fiscal year 
following the first full fiscal year during which the foundation is in 
operation, the administrative costs of the foundation may not exceed 10 
percent of the sum of--
            ``(1) the amounts transferred to the foundation under 
        section 21609 during the preceding fiscal year; and
            ``(2) donations received from private sources during the 
        preceding fiscal year.
    ``(b) Appointment and Hiring.--The appointment of officers and 
employees of the foundation shall be subject to the availability of 
funds.
    ``(c) Status.--The members of the board, and the officers, 
employees, and agents of the foundation are not, by reason of their 
association with the foundation, officers, employees, or agents of the 
United States.
``Sec. 21609. Transfer of donated funds
    ``The Secretary of the Interior may transfer to the foundation 
funds held by the Department of the Interior under the Act of February 
14, 1931 (Chap. 171; 46 Stat. 1106) (25 U.S.C. 451), if the transfer or 
use of such funds is not prohibited by any term under which the funds 
were donated.''.
    (b) Clerical Amendment.--The table of chapters for part B of 
subtitle II of title 36, United States Code, is amended by inserting 
after the item relating to chapter 215 the following new item:

``216. American Indian Education Foundation.................   21601''.

SEC. 3. INITIAL PERIOD AFTER ESTABLISHMENT.

    (a) Board of Directors.--
            (1) Initial board.--Notwithstanding the first sentence of 
        section 21603(a)(2) of title 36, United States Code, not later 
        than 6 months after the date of enactment of this Act, the 
        Secretary of the Interior shall appoint the initial voting 
        members of the board of directors under section 21603 of title 
        36, United States Code (hereinafter in this section referred to 
        as the ``board''). The initial members of the board shall have 
        staggered terms (as determined by the Secretary of the 
        Interior).
            (2) Successive boards.--The composition of all successive 
        boards after the initial board shall be in conformity with the 
        constitution and bylaws of the American Indian Education 
        Foundation organized under chapter 216 of title 36, United 
        States Code (hereinafter in this section referred to as the 
        ``foundation'').
    (b) Administrative Services and Support.--
            (1) Provision of support by secretary.--Subject to 
        paragraph (2), during the 5-year period beginning on the date 
        of enactment of this Act, the Secretary of the Interior--
                    (A) may provide personnel, facilities, and other 
                administrative support services to the foundation;
                    (B) may provide funds to reimburse the travel 
                expenses of the members of the board under section 
                21603(c)(2) of title 36, United States Code; and
                    (C) shall require and accept reimbursements from 
                the foundation for any--
                            (i) services provided under subparagraph 
                        (A); and
                            (ii) funds provided under subparagraph (B).
            (2) Reimbursement.--Reimbursements accepted under paragraph 
        (1)(C) shall be deposited in the Treasury to the credit of the 
        appropriations then current and chargeable for the cost of 
        providing services described in paragraph (1)(A) and the travel 
        expenses described in paragraph (1)(B).
            (3) Continuation of certain services.--Notwithstanding any 
        other provision of this section, the Secretary of the Interior 
        may continue to provide facilities and necessary support 
        services to the foundation after the termination of the 5-year 
        period specified in paragraph (1), on a space available, 
        reimbursable cost basis.
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