[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5289 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5289

   To establish the Mark O. Hatfield-Elizabeth Furse Scholarship and 
  Excellence in Tribal Governance Foundation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

  Mr. Wu (for himself, Mr. Blumenauer, Ms. Hooley of Oregon, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the Mark O. Hatfield-Elizabeth Furse Scholarship and 
  Excellence in Tribal Governance 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 ``Mark O. Hatfield-Elizabeth Furse 
Scholarship and Excellence in Tribal Governance Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Senator Mark O. Hatfield and Congresswoman Elizabeth 
        Furse served their country with distinction and honor.
            (2) Senator Mark O. Hatfield and Congresswoman Elizabeth 
        Furse have had a lasting impact on this Nation's relationship 
        with Native Americans.
            (3) Senator Mark O. Hatfield and Congresswoman Elizabeth 
        Furse have been champions of the rights of Native Americans and 
        Alaska Natives and worked in the Congress to strengthen tribal 
        self-governance.
            (4) It is a fitting tribute to the leadership, courage, and 
        bipartisan spirit that Senator Mark O. Hatfield and 
        Congresswoman Elizabeth Furse exemplified to establish in their 
        names programs to encourage excellence in tribal government.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Board'' means the Board of Trustees of the 
        Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in 
        Tribal Governance Foundation established under section 4(b).
            (2) The term ``eligible individual'' means a citizen or 
        national of the United States or a permanent resident alien of 
        the United States.
            (3) The term ``Foundation'' means the Mark O. Hatfield-
        Elizabeth Furse Scholarship and Excellence in Tribal Governance 
        Foundation established under section 4(a).
            (4) The term ``Fund'' means the Mark O. Hatfield-Elizabeth 
        Furse Scholarship and Excellence in Tribal Governance Fund 
        established by section 7.
            (5) The term ``Institute'' means the Institute for Tribal 
        Government established at Portland State University in 2000.
            (6) The term ``institution of higher education'' has the 
        meaning given to that term in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001).
            (7) The term ``Portland State University'' means Portland 
        State University in Portland, Oregon.
            (8) The term ``State'' means each of the several States, 
        the District of Columbia, Guam, the United States Virgin 
        Islands, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, the Republic of the Marshall Islands, the 
        Federal States of Micronesia, and the Republic of Palau.

SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZABETH FURSE 
              SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE 
              FOUNDATION.

    (a) Establishment.--There is established as an independent entity 
of the executive branch the Mark O. Hatfield-Elizabeth Furse 
Scholarship and Excellence in Tribal Governance Foundation.
    (b) Board of Trustees.--The Foundation shall be subject to the 
supervision and direction of the Board of Trustees. The Board shall be 
comprised of 12 trustees, 11 of whom shall be voting members of the 
Board, as follows:
            (1) Two trustees shall be appointed by the President, with 
        the advice and consent of the Senate, after considering the 
        recommendation of the Speaker of the House of Representatives, 
        in consultation with the minority leader of the House of 
        Representatives.
            (2) Two trustees shall be appointed by the President, with 
        the advice and consent of the Senate, after considering the 
        recommendation of the President pro tempore of the Senate, in 
        consultation with the majority leader and the minority leader 
        of the Senate.
            (3) Five trustees, not more than 3 of whom shall be of the 
        same political party, shall be appointed by the President with 
        the advice and consent of the Senate, from among individuals 
        who have shown leadership and interest in strengthening tribal 
        self-governance, such as tribal leaders involved in health and 
        public policy development affecting Native American and Alaska 
        Native communities.
            (4) The Secretary of the Interior, or the Secretary's 
        designee, who shall serve as a voting ex officio member of the 
        Board but shall not be eligible to serve as Chairperson.
            (5) The Secretary of Education, or the Secretary's 
        designee, who shall serve as a voting ex officio member of the 
        Board but shall not be eligible to serve as Chairperson.
            (6) The President of Portland State University, who shall 
        serve as a nonvoting, ex officio member and shall not be 
        eligible to serve as Chairperson.
    (c) Term of Office.--
            (1) In general.--Each trustee appointed pursuant to 
        paragraph (1), (2), or (3) of subsection (b) shall be appointed 
        for a term of 6 years, except as provided in paragraphs (2) and 
        (3) of this subsection.
            (2) Terms of initial appointees.--As designated by the 
        President at the time of the appointment, of the trustees first 
        appointed--
                    (A) 1 trustee appointed pursuant to subsection 
                (b)(2) and 2 trustees appointed pursuant to subsection 
                (b)(3) shall be appointed for a term of 2 years;
                    (B) 1 trustee appointed pursuant to subsection 
                (b)(1) and 2 trustees appointed pursuant to subsection 
                (b)(3) shall be appointed for a term of 4 years; and
                    (C) 1 trustee appointed pursuant to subsection 
                (b)(1), 1 trustee appointed pursuant to subsection 
                (b)(2), and 1 trustee appointed pursuant to subsection 
                (b)(3) shall be appointed for a term of 6 years.
            (3) Vacancies.--Any trustee appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        trustee's predecessor was appointed shall be appointed only for 
        the remainder of that term and shall be appointed in the same 
        manner as the original appointment for that vacancy was made.
    (d) Travel and Subsistence Pay.--Trustees shall serve without pay, 
but shall be entitled to reimbursement for travel, subsistence, and 
other necessary expenses incurred in the performance of their duties as 
members of the Foundation, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States Code.
    (e) Location of Foundation.--The Foundation shall be located in 
Portland, Oregon.
    (f) Executive Director.--
            (1) In general.--There shall be an Executive Director of 
        the Foundation who shall be appointed by the Board. The 
        Executive Director shall be the chief executive officer of the 
        Foundation and shall carry out the functions of the Foundation 
        subject to the supervision and direction of the Board. The 
        Executive Director shall carry out such other functions, 
        consistent with this Act, as the Board shall prescribe.
            (2) Compensation.--The Executive Director of the Foundation 
        shall be compensated at the rate specified for employees in 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code.

SEC. 5. PURPOSES OF THE FOUNDATION.

    The purposes of the Foundation are--
            (1) to develop resources to properly train Native American 
        and Alaska Native tribal council members in self-government and 
        related fields;
            (2) to foster among the American population greater 
        recognition and understanding of the role of tribal self-
        government in the development of the United States;
            (3) to identify critical issues facing tribal governments 
        in the Nation;
            (4) to establish a Program for Tribal Governance Research 
        at the Institute; and
            (5) to provide educational outreach regarding tribal self-
        government.

SEC. 6. AUTHORITY OF THE FOUNDATION.

    (a) In General.--
            (1) Authority.--The Foundation, in consultation with the 
        Institute--
                    (A) may identify and conduct such programs, 
                activities, and services as the Foundation considers 
                appropriate to carry out the purposes described in 
                section 5; and
                    (B) in accordance with subsections (b), (c), (d), 
                and (e), may award scholarships, fellowships, 
                internships, and grants and fund the Institute to carry 
                out and manage other programs, activities, and 
                services.
            (2) Priorities.--Subject to section 10(b), the Foundation 
        shall determine the priority of the programs to be carried out 
        under this Act and the amount of funds to be allocated for such 
        programs.
            (3) Competition.--The Foundation may provide, directly or 
        by contract, for the conduct of national competition for the 
        purpose of selecting recipients of scholarships, fellowships, 
        internships, and grants awarded under this Act.
            (4) Fields of study.--The Foundation may award 
        scholarships, fellowships, internships, and grants to eligible 
        individuals in accordance with the provisions of this Act for 
        study in fields related to tribal governance. Such 
        scholarships, fellowships, internships, and grants shall be 
        awarded only to eligible individuals who meet the minimum 
        criteria established by the Foundation.
    (b) Scholarship.--
            (1) In general.--The Foundation shall award scholarships to 
        outstanding undergraduate students who intend to pursue careers 
        related to tribal governance and to outstanding Native American 
        and Alaska Native undergraduate students who intend to pursue 
        careers in tribal public policy.
            (2) Requirements.--An eligible individual awarded a 
        scholarship under this Act may receive payments under this Act 
        only during such periods as the Foundation finds that the 
        individual--
                    (A) is maintaining satisfactory proficiency;
                    (B) is engaging full time in study or research; and
                    (C) is not engaging in gainful employment other 
                than employment that is--
                            (i) in addition to such full-time study or 
                        research; and
                            (ii) approved by the Foundation pursuant to 
                        regulations of the Board.
            (3) Reports.--The Foundation may require any eligible 
        individual awarded a scholarship under this Act to submit 
        reports at such time, in such form, and containing such 
        information as the Foundation determines to be necessary. Such 
        reports shall--
                    (A) be accompanied by a certificate from an 
                appropriate official at the institution of higher 
                education;
                    (B) be approved by the Foundation; and
                    (C) state that the individual is making 
                satisfactory progress, and is engaging full time, in 
                study or research.
    (c) Fellowships.--The Foundation shall award fellowships--
            (1) to outstanding graduate students who intend to pursue 
        advanced degrees in fields related to tribal governance and to 
        outstanding Native American and Alaska Native graduate students 
        who intend to pursue advanced degrees in tribal public policy, 
        including law and medicine; and
            (2) to faculty from a variety of disciplines, for the 
        purpose of bringing the expertise of such faculty to the 
        Foundation.
    (d) Internships.--To achieve the purposes described in section 5, 
the Foundation shall award internships--
            (1) to deserving and qualified individuals to participate 
        in internships in Federal, State, and local agencies or in 
        offices of major tribal governance organizations; and
            (2) to deserving and qualified Native American and Alaska 
        Native individuals to participate in internships in Federal, 
        State, and local agencies or in offices of major public health 
        or public policy organizations.
    (e) Institute Programs.--
            (1) Grants.--Subject to paragraph (3), the Foundation shall 
        award grants to the Institute--
                    (A) to provide for an annual panel of experts to 
                discuss contemporary tribal governance issues;
                    (B) to conduct tribal governance policy research;
                    (C) to conduct research on Native American and 
                Alaska Native tribal public policy issues; and
                    (D) for visiting policymakers to share their 
                practical experiences with the Foundation.
            (2) Coordination.--Subject to paragraph (3), the Foundation 
        shall assist in the development and implementation of a Program 
        for Tribal Governance Research to be located at the Institute.
            (3) Matching funds; facilities.--The Foundation may not 
        make any grant or provide any assistance under this subsection, 
        unless the Institute agrees--
                    (A) with respect to the costs of such grants and 
                assistance, to make available non-Federal contributions 
                toward such costs in an amount that is not less than 25 
                percent of such costs; and
                    (B) to provide adequate space at the Institute for 
                the Executive Director and other appropriate staff of 
                the Foundation.
    (f) Elizabeth Furse Scholars.--Recipients of scholarships, 
fellowships, internships, and grants under this Act shall be known as 
``Elizabeth Furse Scholars''.

SEC. 7. ESTABLISHMENT OF THE MARK O. HATFIELD - ELIZABETH FURSE 
              SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE TRUST 
              FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a trust fund to be known as the ``Mark O. Hatfield-
Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust 
Fund'' to be administered by the Foundation. The Fund shall consist of 
amounts appropriated to the Fund pursuant to section 10 and amounts 
credited to the Fund under subsection (b).
    (b) Investment of Fund Assets.--The Secretary of the Treasury, at 
the direction of the Board, shall invest in full the amounts 
appropriated to the Fund. Such investments shall be in public debt 
securities with maturities suitable to the needs of the Fund and shall 
bear interest at rates determined by the Secretary of the Treasury, 
taking into consideration the current average market yield on 
outstanding marketable obligations of the United States of comparable 
maturity.

SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND.

    (a) In General.--The Foundation shall pay from the interest and 
earnings of the Fund such sums as the Board determines are necessary 
and appropriate to enable the Foundation to carry out this Act.
    (b) Audit by Government Accountability Office.--The activities of 
the Foundation and the Institute under this Act may be audited by the 
Government Accountability Office under such rules and regulations as 
may be prescribed by the Comptroller General of the United States. 
Representatives of the Government Accountability Office shall have 
access to all papers, things, or property (including all books, 
accounts, records, and reports filed) belonging to or in use by the 
Foundation or the Institute, pertaining to such federally assisted 
activities and necessary to facilitate the audit.

SEC. 9. ADMINISTRATIVE PROVISIONS.

    To carry out this Act, the Foundation may--
            (1) appoint and fix the compensation of such personnel as 
        may be necessary to carry out the provisions of this Act, 
        except that in no case may employees other than the Executive 
        Director be compensated at a rate to exceed the maximum rate of 
        basic pay for GS-15 of the General Schedule under section 5332 
        of title 5, United States Code;
            (2) procure or fund the Institute to procure temporary and 
        intermittent services of experts and consultants as are 
        necessary to the extent authorized by section 3109 of title 5, 
        United States Code, but at rates not to exceed the rate 
        specified for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code;
            (3) prescribe such regulations as the Foundation considers 
        necessary governing the manner in which its functions shall be 
        carried out;
            (4) accept, hold, administer, and use gifts, both real and 
        personal, for the purpose of aiding or facilitating the work of 
        the Foundation;
            (5) accept and use the services of voluntary and 
        noncompensated personnel and reimburse such personnel for 
        travel expenses, including per diem, as authorized by section 
        5703 of title 5, United States Code;
            (6) enter into contracts, grants, or other arrangements or 
        modifications thereof, to carry out the provisions of this Act, 
        and such contracts or modifications thereof may, with the 
        concurrence of two-thirds of the members of the Board, be 
        entered into without performance or other bonds, and without 
        regard to section 3709 of the Revised Statutes (41 U.S.C. 5); 
        and
            (7) make other expenditures necessary to carry out this 
        Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out this Act, there are authorized to be 
appropriated to the Fund $50,000,000 for fiscal year 2005, and such 
sums as may be necessary for each subsequent fiscal year.
    (b) Allocation.--Of the amounts appropriated to carry out this Act, 
the Secretary shall allocate--
            (1) not less than 50 percent of such amounts to carry out 
        subsections (b), (c), and (d) of section 6;
            (2) not more than 15 percent of such amounts for salaries 
        and other administrative purposes; and
            (3) not less than 20 percent of such amounts to carry out 
        section 6(e).
                                 <all>