[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 474

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2005

   Mr. Smith introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Senator Mark O. Hatfield and Congresswoman Elizabeth 
        Furse served the United States with distinction and honor;
            (2) Senator Hatfield and Congresswoman Furse have had a 
        lasting impact on the relationship between the United States 
        and Native Americans;
            (3) Senator Hatfield and Congresswoman Furse have been 
        champions of the rights of Native Americans and Alaska Natives 
        and worked in Congress to strengthen tribal self-governance; 
        and
            (4) it is a fitting tribute to the leadership, courage, and 
        bipartisan spirit that Senator Mark O. Hatfield and 
        Congresswoman Elizabeth Furse exemplify to establish in their 
        names programs to encourage excellence in tribal government.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Trustees 
        of the Foundation established under section 4(b).
            (2) Eligible individual.--The term ``eligible individual'' 
        means a citizen or national of the United States or a permanent 
        resident alien of the United States.
            (3) Foundation.--The term ``Foundation'' means the Mark O. 
        Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal 
        Governance Foundation established by section 4(a).
            (4) Fund.--The term ``Fund'' means the Mark O. Hatfield-
        Elizabeth Furse Scholarship and Excellence in Tribal Governance 
        Fund established by section 7.
            (5) Institute.--The term ``Institute'' means the Institute 
        for Tribal Government at Portland State University.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (7) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) American Samoa;
                    (D) the Commonwealth of the Northern Mariana 
                Islands;
                    (E) Guam;
                    (F) the Republic of the Marshall Islands;
                    (G) the Federal States of Micronesia;
                    (H) the Republic of Palau;
                    (I) the Commonwealth of Puerto Rico; and
                    (J) the United States Virgin Islands.

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 
in the Executive branch the Mark O. Hatfield-Elizabeth Furse 
Scholarship and Excellence in Tribal Governance Foundation.
    (b) Board of Trustees.--
            (1) In general.--The Foundation shall be subject to the 
        supervision and direction of a Board of Trustees.
            (2) Membership.--The Board shall be comprised of 12 
        trustees, of whom--
                    (A) 2 trustees shall be individuals appointed by 
                the President, by and with the advice and consent of 
                the Senate, after considering recommendations of the 
                Speaker of the House of Representatives, in 
                consultation with the minority leader of the House of 
                Representatives;
                    (B) 2 trustees shall be individuals appointed by 
                the President, by and with the advice and consent of 
                the Senate, after considering recommendations of the 
                President pro tempore of the Senate, in consultation 
                with the majority and minority leaders of the Senate;
                    (C) 5 trustees, not more than 3 trustees of whom 
                shall be of the same political party, shall be 
                individuals appointed by the President, by and with the 
                advice and consent of the Senate, who have demonstrated 
                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;
                    (D) 1 trustee shall be the Secretary of the 
                Interior;
                    (E) 1 trustee shall be the Secretary of Education; 
                and
                    (F) 1 trustee shall be the president of Portland 
                State University, who shall serve as a nonvoting member 
                and shall not be eligible to serve as Chairperson.
    (c) Term.--
            (1) In general.--The term of a member of the Board shall be 
        6 years, except that--
                    (A) in the case of the trustees first taking 
                office--
                            (i) as designated by the President, 1 
                        trustee appointed under subsection (b)(2)(B) 
                        and 2 trustees appointed under subsection 
                        (b)(2)(C) shall serve 2 years;
                            (ii) as designated by the President, 1 
                        trustee appointed under subsection (b)(2)(A) 
                        and 2 trustees appointed under subsection 
                        (b)(2)(C) shall serve 4 years; and
                            (iii) as designated by the President, 1 
                        trustee appointed under subsection (b)(2)(A), 1 
                        trustee appointed under subsection (b)(2)(B), 
                        and 1 trustee appointed under subsection 
                        (b)(2)(C) shall serve 6 years; and
                    (B) a trustee appointed to fill a vacancy shall--
                            (i) serve for the remainder of the term for 
                        which the predecessor of the trustee was 
                        appointed; and
                            (ii) be appointed in the same manner as the 
                        original appointment for that vacancy was made.
    (d) Travel and Subsistence Pay.--A trustee shall serve without pay, 
but shall be entitled to reimbursement for travel, subsistence, and 
other necessary expenses incurred in the performance of the duties of a 
member of the Board.
    (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.
            (2) Duties.--The Executive Director--
                    (A) shall be the chief executive officer of the 
                Foundation; and
                    (B) shall carry out the functions of the 
                Foundation, subject to the supervision and direction of 
                the Board, and such other functions consistent with 
                this Act as the Board shall prescribe.
            (3) Compensation.--The Executive Director shall be 
        compensated at the rate specified for an employee in level IV 
        of the Executive Schedule under section 5315 of title 5, United 
        States Code.

SEC. 5. PURPOSES.

    The purposes of the Foundation shall be--
            (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 people in the United States 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;
            (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.--The Foundation, in consultation with the 
Institute, may identify and conduct such programs, activities, and 
services as the Foundation considers appropriate to carry out the 
purposes of the Foundation.
    (b) Programs, Activities, and Services.--The Foundation may, in 
accordance with this section--
            (1) award scholarships, fellowships, internships, and 
        grants; and
            (2) provide grants to the Institute to carry out and manage 
        other programs, activities, and services.
    (c) National 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.
    (d) Award of Scholarships, Fellowships, Internships, and Grants.--
            (1) In general.--The Foundation may award scholarships, 
        fellowships, internships, and grants to eligible individuals 
        who meet the minimum criteria established by the Foundation, 
        for study in fields relating to tribal governance.
            (2) Elizabeth furse scholars.--Recipients of scholarships, 
        fellowships, internships, and grants under this Act shall be 
        known as ``Elizabeth Furse Scholars''.
    (e) Scholarships.--
            (1) In general.--The Foundation may award scholarships to 
        outstanding--
                    (A) undergraduate students who intend to pursue 
                careers relating to tribal governance; and
                    (B) Native American and Alaska Native undergraduate 
                students who intend to pursue careers in tribal public 
                policy.
            (2) Payments.--An eligible individual awarded a scholarship 
        under this Act may receive payments under this Act only during 
        such periods as the Foundation determines that the eligible 
        individual--
                    (A) is maintaining satisfactory proficiency and 
                devoting full time to study or research; and
                    (B) is not engaging in gainful employment other 
                than employment approved by the Foundation under 
                regulations of the Board.
            (3) Reports.--
                    (A) In general.--The Foundation may require reports 
                containing such information, in such form, and to be 
                filed at such times as the Foundation determines to be 
                necessary from any eligible individual awarded a 
                scholarship under this Act.
                    (B) Certificate.--Except as otherwise provided 
                under this subsection, a report under subparagraph (A) 
                shall be accompanied by a certificate from an 
                appropriate official at the institution of higher 
                education, approved by the Foundation, stating that the 
                individual is making satisfactory progress in, and is 
                devoting essentially full time to, study or research.
    (f) Fellowships.--The Foundation may award fellowships to--
            (1) outstanding graduate students who intend to pursue 
        advanced degrees in fields relating to tribal governance;
            (2) outstanding Native American and Alaska Native graduate 
        students who intend to pursue advanced degrees in tribal public 
        policy, law, or medicine; and
            (3) faculty from a variety of disciplines to bring the 
        expertise of the faculty to the Foundation.
    (g) Internships.--The Foundation may award internships to deserving 
and qualified--
            (1) individuals, for use in participating in internships in 
        Federal, State, and local agencies or in offices of major 
        tribal governance organizations; and
            (2) Native American and Alaska Native individuals, for use 
        in participating in internships in Federal, State, and local 
        agencies or in offices of major public health or public policy 
        organizations.
    (h) Grants.--The Foundation shall award grants to the Institute--
            (1) to provide for an annual panel of experts to discuss 
        contemporary tribal governance issues;
            (2) to conduct tribal governance policy research;
            (3) to conduct research on Native American and Alaska 
        Native tribal public policy issues; and
            (4) to invite visiting policymakers to share practical 
        experiences with the Foundation.
    (i) Coordination.--The Foundation shall assist in the development 
and implementation of a program for tribal governance research to be 
located at the Institute.
    (j) Program Priorities.--
            (1) In general.--Subject to paragraph (2), the Foundation 
        shall determine--
                    (A) the priority of the programs to be carried out 
                under this Act; and
                    (B) the amount of funds to be allocated for the 
                programs.
            (2) Requirements.--Of amounts made available to carry out 
        this section--
                    (A) not less than 50 percent shall be used for the 
                programs described in subsections (e), (f), and (g);
                    (B) not less than 20 percent shall be made 
                available to the Institute to carry out subsections (h) 
                and (i), on the conditions that--
                            (i) a 25-percent matching share is provided 
                        from other non-Federal sources; and
                            (ii) adequate space at the Institute is 
                        made available by the Institute for the 
                        Executive Director and other appropriate staff 
                        of the Foundation; and
                    (C) not more than 15 percent shall be used for 
                salaries and other administrative purposes.

SEC. 7. ESTABLISHMENT OF 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, consisting of amounts 
appropriated to the fund under section 10.
    (b) Investment of Fund Assets.--
            (1) In general.--The Secretary of the Treasury shall invest 
        in full, at the direction of the Board, the amounts 
        appropriated to the Fund.
            (2) Eligible investments.--The investments shall be in 
        public debt securities with maturities suitable for the needs 
        of the Fund.
            (3) Interest.--Investments in public debt securities 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 amounts as the Board determines are 
appropriate to enable the Foundation to carry out this Act.
    (b) Audit by Government Accountability Office.--
            (1) In general.--The activities of the Foundation and the 
        Institute under this Act may be audited by the Government 
        Accountability Office under such regulations as may be 
        promulgated by the Comptroller General of the United States.
            (2) Access.--Representatives of the Government 
        Accountability Office shall have access to all books, accounts, 
        records, reports filed and all other papers, things, or 
        property belonging to or in use by the Foundation and the 
        Institute that pertain to federally-assisted activities and are 
        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 
        are necessary to carry out this Act, except that in no case 
        shall an employee other than the Executive Director be 
        compensated at a rate that exceeds the maximum rate for 
        employees in grade 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 such 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 at the time of such service for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code;
            (3) promulgate such regulations as the Foundation considers 
        to be necessary governing the manner in which the functions of 
        the Foundation 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 expenses, as authorized by 
        section 5703 of title 5, United States Code;
            (6) enter into contracts, grants, or other arrangements or 
        modifications of contracts, grants, or arrangements to carry 
        out this Act, which contracts, grants, arrangements, and 
        modifications may, with the concurrence of at least \2/3\ of 
        the members of the Board, be entered into without performance 
        bond or other bond, and without regard to section 3709 of the 
        Revised Statutes (41 U.S.C. 5); and
            (7) make other necessary expenditures.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $50,000,000.
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