[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1290 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                S. 1290

_______________________________________________________________________

                                 AN ACT


 
 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 
(referred to in this chapter 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) American indian.--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)).
            ``(2) Bureau funded school.--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) In general.--The board of directors (referred to in 
        this chapter 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) Composition of board.--Subject to section 3 of the 
        American Indian Education Foundation Act of 1999--
                    ``(A) the number of members of the board, the 
                manner of selection of those members, the filling of 
                vacancies for the board, and terms of office of the 
                members of the board shall be as provided in the 
                constitution and bylaws of the foundation; except that
                    ``(B) 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.
            ``(3) Citizenship of members.--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) In general.--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) Qualifications and duties of secretary.--The 
        secretary shall--
                    ``(A) serve, at the direction of the board, as its 
                chief operating officer; and
                    ``(B) be knowledgeable and experienced in matters 
                relating to education in general and education of 
                American Indians in particular.
            ``(3) Election, terms, and duties of members.--The manner 
        of election, term of office, and duties of the officers shall 
        be as provided in the constitution and bylaws of the 
        foundation.
    ``(c) Compensation.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        compensation shall be paid to a member of the board by reason 
        of service as a member.
            ``(2) Travel expenses.--A member of the board shall be 
        reimbursed for actual and necessary travel and subsistence 
        expenses incurred by that member 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) shall 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 carry out 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. 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 shall be liable for the acts of its officers and 
agents acting within the scope of their authority. Members of the board 
shall be 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 shall not, by reason of their 
association with the foundation, be considered to be 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 (46 Stat. 1106, chapter 171; 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:

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

SEC. 3. INITIAL PERIOD AFTER ESTABLISHMENT.

    (a) Board of Directors.--
            (1) Initial board.--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 (referred 
        to in this section 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 (referred to in this section 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.

            Passed the Senate November 4, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                S. 1290

_______________________________________________________________________

                                 AN ACT

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