[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3080

To amend the Indian Self-Determination and Education Assistance Act to 
 direct the Secretary of the Interior to establish the American Indian 
             Education Foundation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 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 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

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Self-Determination and Education Assistance Act to 
 direct the Secretary of the Interior 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. ESTABLISHMENT OF AMERICAN INDIAN EDUCATION FOUNDATION.

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) is amended by adding at the end the following new 
title:

            ``TITLE V--AMERICAN INDIAN EDUCATION FOUNDATION

``SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.

    ``(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.
    ``(b) Perpetual Existence.--Except as otherwise provided, the 
Foundation shall have perpetual existence.
    ``(c) Nature of Corporation.--The Foundation shall be a charitable 
and nonprofit federally chartered corporation and shall not be an 
agency or instrumentality of the United States.
    ``(d) Place of Incorporation and Domicile.--The Foundation shall be 
incorporated and domiciled in the District of Columbia.
    ``(e) Purposes.--The purposes of the Foundation shall be--
            ``(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.
    ``(f) Board of Directors.--
            ``(1) The Board of Directors shall be 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 shall be 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 and the 
        Assistant Secretary of the Interior for Indian Affairs, who 
        shall serve as ex officio nonvoting members, and the initial 
        voting members of the Board shall be appointed by the Secretary 
        not later than 6 months after the date that the Foundation is 
        established and shall have staggered terms (as determined by 
        the Secretary).
            ``(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.
            ``(4) 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.
    ``(g) Officers.--
            ``(1) The officers of the Foundation shall be 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 shall be as provided in the constitution and 
        bylaws of the Foundation.
    ``(h) 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 Act;
            ``(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.
    ``(i) 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.
    ``(j) 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.
    ``(k) Liability of Officers and Agents.--The Foundation shall be 
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.
    ``(l) Restrictions.--
            ``(1) 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--
                    ``(A) the amounts transferred to the Foundation 
                under subsection (m) during the preceding fiscal year; 
                and
                    ``(B) donations received from private sources 
                during the preceding fiscal year.
            ``(2) Appointment and hiring.--The appointment of officers 
        and employees of the Foundation shall be subject to the 
        availability of funds.
            ``(3) Status.--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.
    ``(m) Transfer of Donated Funds.--The Secretary may transfer to the 
Foundation funds held by the Department of the Interior under the Act 
of February 14, 1931 (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.
    ``(n) Audits.--The Foundation shall comply with the audit 
requirements set forth in section 10101 of title 36, United States 
Code, as if it were a corporation in part B of subtitle II of that 
title.

``SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT.

    ``(a) Provision of Support by Secretary.--Subject to subsection 
(b), during the 5-year period beginning on the date that the Foundation 
is established, the Secretary--
            ``(1) may provide personnel, facilities, and other 
        administrative support services to the Foundation;
            ``(2) may provide funds to reimburse the travel expenses of 
        the members of the Board under section 501; and
            ``(3) shall require and accept reimbursements from the 
        Foundation for any--
                    ``(A) services provided under paragraph (1); and
                    ``(B) funds provided under paragraph (2).
    ``(b) Reimbursement.--Reimbursements accepted under subsection 
(a)(3) shall be deposited in the Treasury to the credit of the 
appropriations then current and chargeable for the cost of providing 
services described in subsection (a)(1) and the travel expenses 
described in subsection (a)(2).
    ``(c) 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 subsection (a), 
on a space available, reimbursable cost basis.

``SEC. 503. DEFINITIONS.

    ``For the purposes of this title--
            ``(1) the term `Bureau funded school' has the meaning given 
        that term in title XI of the Education Amendments of 1978;
            ``(2) the term `Foundation' means the Foundation 
        established by the Secretary pursuant to section 501; and
            ``(3) the term `Secretary' shall mean the Secretary of the 
        Interior.''.
                                 <all>