[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 555 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                 S. 555

_______________________________________________________________________

                                 AN ACT


 
 To establish the Native American Health and Wellness 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 ``Native American Health and Wellness 
Foundation Act of 2003''.

SEC. 2. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION.

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

      ``TITLE VIII--NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION

``SEC. 801. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the Board of Directors 
        of the Foundation.
            ``(2) Committee.--The term `Committee' means the Committee 
        for the Establishment of Native American Health and Wellness 
        Foundation established under section 802(f).
            ``(3) Foundation.--The term `Foundation' means the Native 
        American Health and Wellness Foundation established under 
        section 802.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(5) Service.--The term `Service' means the Indian Health 
        Service of the Department of Health and Human Services.

``SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION.

    ``(a) In General.--As soon as practicable after the date of 
enactment of this title, the Secretary shall establish, under the laws 
of the District of Columbia and in accordance with this title, the 
Native American Health and Wellness Foundation.
    ``(b) Perpetual Existence.--The Foundation shall have perpetual 
existence.
    ``(c) Nature of Corporation.--The Foundation--
            ``(1) shall be a charitable and nonprofit federally 
        chartered corporation; and
            ``(2) 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) Duties.--The Foundation shall--
            ``(1) encourage, accept, and administer private gifts of 
        real and personal property, and any income from or interest in 
        such gifts, for the benefit of, or in support of, the mission 
        of the Service;
            ``(2) undertake and conduct such other activities as will 
        further the health and wellness activities and opportunities of 
        Native Americans; and
            ``(3) participate with and assist Federal, State, and 
        tribal governments, agencies, entities, and individuals in 
        undertaking and conducting activities that will further the 
        health and wellness activities and opportunities of Native 
        Americans.
    ``(f) Committee for the Establishment of Native American Health and 
Wellness Foundation.--
            ``(1) In general.--The Secretary shall establish the 
        Committee for the Establishment of Native American Health and 
        Wellness Foundation to assist the Secretary in establishing the 
        Foundation.
            ``(2) Duties.--Not later than 180 days after the date of 
        enactment of this section, the Committee shall--
                    ``(A) carry out such activities as are necessary to 
                incorporate the Foundation under the laws of the 
                District of Columbia, including acting as incorporators 
                of the Foundation;
                    ``(B) ensure that the Foundation qualifies for and 
                maintains the status required to carry out this 
                section, until the Board is established;
                    ``(C) establish the constitution and initial bylaws 
                of the Foundation;
                    ``(D) provide for the initial operation of the 
                Foundation, including providing for temporary or 
                interim quarters, equipment, and staff; and
                    ``(E) appoint the initial members of the Board in 
                accordance with the constitution and initial bylaws of 
                the Foundation.
    ``(g) Board of Directors.--
            ``(1) In general.--The Board of Directors shall be the 
        governing body of the Foundation.
            ``(2) Powers.--The Board may exercise, or provide for the 
        exercise of, the powers of the Foundation.
            ``(3) Selection.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                number of members of the Board, the manner of selection 
                of the members (including the filling of vacancies), 
                and the terms of office of the members shall be as 
                provided in the constitution and bylaws of the 
                Foundation.
                    ``(B) Requirements.--
                            ``(i) Number of members.--The Board shall 
                        have at least 11 members, who shall have 
                        staggered terms.
                            ``(ii) Initial voting members.--The initial 
                        voting members of the Board--
                                    ``(I) shall be appointed by the 
                                Committee not later than 180 days after 
                                the date on which the Foundation is 
                                established; and
                                    ``(II) shall have staggered terms.
                            ``(iii) Qualification.--The members of the 
                        Board shall be United States citizens who are 
                        knowledgeable or experienced in Native American 
                        health care and related matters.
                    ``(C) Compensation.--A member of the Board shall 
                not receive compensation for service as a member, but 
                shall be reimbursed for actual and necessary travel and 
                subsistence expenses incurred in the performance of the 
                duties of the Foundation.
    ``(h) Officers.--
            ``(1) In general.--The officers of the Foundation shall 
        be--
                    ``(A) a secretary, elected from among the members 
                of the Board; and
                    ``(B) any other officers provided for in the 
                constitution and bylaws of the Foundation.
            ``(2) Secretary.--The secretary of the Foundation shall 
        serve, at the direction of the Board, as the chief operating 
        officer of the Foundation.
            ``(3) Election.--The manner of election, term of office, 
        and duties of the officers of the Foundation shall be as 
        provided in the constitution and bylaws of the Foundation.
    ``(i) Powers.--The Foundation--
            ``(1) shall adopt a constitution and bylaws for the 
        management of the property of the Foundation and the regulation 
        of the affairs of the Foundation;
            ``(2) may adopt and alter a corporate seal;
            ``(3) may enter into contracts;
            ``(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.
    ``(j) Principal Office.--
            ``(1) In General.--The principal office of the Foundation 
        shall be in the District of Columbia.
            ``(2) Activities; offices.--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.
    ``(k) Service of Process.--The Foundation shall comply with the law 
on service of process of each State in which the Foundation is 
incorporated and of each State in which the Foundation carries on 
activities.
    ``(l) Liability of Officers, Employees, and Agents.--
            ``(1) In general.--The Foundation shall be liable for the 
        acts of the officers, employees, and agents of the Foundation 
        acting within the scope of their authority.
            ``(2) Personal liability.--A member of the Board shall be 
        personally liable only for gross negligence in the performance 
        of the duties of the member.
    ``(m) 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 shall not exceed 10 percent of the sum of--
                    ``(A) the amounts transferred to the Foundation 
                under subsection (o) 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.--A member of the Board or officer, employee, 
        or agent of the Foundation shall not by reason of association 
        with the Foundation be considered to be an officer, employee, 
        or agent of the United States.
    ``(n) Audits.--The Foundation shall comply with section 10101 of 
title 36, United States Code, as if the Foundation were a corporation 
under part B of subtitle II of that title.
    ``(o) Funding.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out subsection (e)(1) $500,000 for 
        each fiscal year, as adjusted to reflect changes in the 
        Consumer Price Index for all-urban consumers published by the 
        Department of Labor.
            ``(2) Transfer of donated funds.--The Secretary shall 
        transfer to the Foundation funds held by the Department of 
        Health and Human Services under the Act of August 5, 1954 (42 
        U.S.C. 2001 et seq.), if the transfer or use of the funds is 
        not prohibited by any term under which the funds were donated.

``SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT.

    ``(a) Provision of Support by Secretary.--Subject to subsection 
(b), during the 5-year period beginning on the date on which 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; and
            ``(3) shall require and accept reimbursements from the 
        Foundation for--
                    ``(A) services provided under paragraph (1); and
                    ``(B) funds provided under paragraph (2).
    ``(b) Reimbursement.--Reimbursements accepted under subsection 
(a)(3)--
            ``(1) shall be deposited in the Treasury of the United 
        States to the credit of the applicable appropriations account; 
        and
            ``(2) shall be chargeable for the cost of providing 
        services described in subsection (a)(1) and travel expenses 
        described in subsection (a)(2).
    ``(c) Continuation of Certain Services.--The Secretary may continue 
to provide facilities and necessary support services to the Foundation 
after the termination of the 5-year period specified in subsection (a) 
if the facilities and services--
            ``(1) are available; and
            ``(2) are provided on reimbursable cost basis.''.
    (b) Technical Amendments.--The Indian Self-Determination and 
Education Assistance Act is amended--
            (1) by redesignating title V (as added by section 1302 of 
        the American Indian Education Foundation Act of 2000) (25 
        U.S.C. 458bbb et seq.)) as title VII;
            (2) by redesignating sections 501, 502, and 503 (as added 
        by section 1302 of the American Indian Education Foundation Act 
        of 2000) as sections 701, 702, and 703, respectively; and
            (3) in subsection (a)(2) of section 702 and paragraph (2) 
        of section 703 (as redesignated by paragraph (2)), by striking 
        ``section 501'' and inserting ``section 701''.

            Passed the Senate July 16, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                 S. 555

_______________________________________________________________________

                                 AN ACT

 To establish the Native American Health and Wellness Foundation, and 
                          for other purposes.