[Congressional Record Volume 142, Number 53 (Tuesday, April 23, 1996)]
[House]
[Pages H3668-H3670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONTINUITY OF BOARD OF TRUSTEES OF INSTITUTE OF AMERICAN INDIAN AND 
               ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT

  The Clerk called the bill (H.R. 3049) to amend section 1505 of the 
Higher Education Act of 1965 to provide for the continuity of the Board 
of Trustees of the Institute of American Indian and Alaska Native 
Culture and Arts Development.
  The Clerk read the bill, as follows:

                               H.R. 3049

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONTINUITY BOARD.

       Section 1505(i) of the Higher Education Amendments of 1968 
     (20 U.S.C. 4412(i)) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end of the first sentence the following: ``or to recommend 
     another individual if the member does not consent to be 
     reappointed''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) If the President has not transmitted to the Senate a 
     nomination to fill the position of a member covered by such a 
     recommendation within 60 days from the date that the member's 
     term expires--
       ``(A) if the member consents to reappointment, the member 
     shall be deemed to have been reappointed for another full 
     term to the Board, with all the appropriate rights and 
     responsibilities; or
       ``(B) if the member does not consent to reappointment, an 
     individual recommended by the Board under paragraph (1) shall 
     be deemed to have been appointed for a full term to the Board 
     with all the appropriate rights and responsibilities.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia [Mr. Norwood] and the gentleman from Michigan [Mr. Kildee] will 
each be recognized for 30 minutes.
  The Chair recognizes the gentleman from Georgia [Mr. Norwood].
  Mr. NORWOOD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today we are considering H.R. 3049, which simply 
corrects a board of trustees appointment problem for the Institute of 
American Indian Arts. This legislation was introduced in a bipartisan 
manner by our colleagues Mr. Goodling and Mr. Kildee at the request of 
the Institute. This simple fix will help maintain the continuity of the 
Institute's board of trustees, and will help the Institute to continue 
to fulfill its mission of educating those who wish to preserve our 
native American arts and culture.
  The Institute of American Indian Arts is a federally created 
institution of higher education. Its primary purposes are to provide 
scholarly study of and instruction in Indian art and culture, and to 
establish programs which culminate in the awarding of degrees in the 
various fields of Indian art and culture. The Institute is authorized 
under title XV of the Higher Education Amendments of 1986, and policy 
for the Institute is set by a board of trustees which includes 13 
voting members appointed by the President with the advice and consent 
of the Senate.
  Unfortunately, the board appointment process has proven to be overly 
cumbersome and this has resulted in a number of board members serving 
additional terms, sometimes beyond the

[[Page H3669]]

time they wished to serve, in order to insure that the board could 
maintain a quorum.
  The legislation we are considering today would simply amend section 
1505 of the Higher Education Amendments of 1986 to allow the board to 
recommend successors for the board members whose terms are expiring and 
who do not wish to serve additional terms. The President would have the 
prerogative to act on these recommendations, or to appoint another 
qualified individual of his choosing subject to confirmation by the 
other body.
  However, should the President fail to act within 2 months of the 
expiration of the sitting member's term, and should that member not 
wish to serve an additional term, then the individual recommended for 
appointment by the Board would be automatically seated.
  Mr. Speaker, this legislation is bipartisan and revenue neutral. It 
does not limit the options of the President in making appointments to 
the board, but merely streamlines the appointment process for this one 
institute. This is a small step in our efforts to make Government more 
responsive and less burdensome for those it is intended to serve. But 
it will make a real difference for those at the Institute, who are 
preparing the next generation and preserving an important part of our 
heritage.
  This is commonsense legislation, and I urge its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to rise in support of this legislation that I 
cosponsored with my friend, Bill Goodling.
  Ten years ago, I worked with Bill Goodling, and a number of other 
Members, to create the Institute of American Indian Arts. The Institute 
was to provide a place of study and instruction in the culture, 
history, and arts of the native American people. Mr. Speaker, the 
Institute has been very successful in accomplishing this mission, as 
the gentleman from Georgia has pointed out. Today, the Institute offers 
degree granting programs in a variety of fields, and has served a vital 
purpose in helping educate people on the native American culture. The 
policy of the Institute is set by a 13-member voting board, which is 
appointed by the President of the United States.
  The problem that brings us here today, is the appointments to the 
Institute's board of trustees have not been made in a timely fashion. 
As a result, the board of trustees does not have the ability to 
function in the best interest of the Institute.
  This legislation, very simply, will allow the board to appoint an 
individual to the board if the President does not act within 2 months 
of the expiration of a sitting member's term.
  This legislation will allow the board to operate in a more effective 
and efficient manner, as the gentleman from Georgia has pointed out.
  I believe this legislation makes good sense, and I urge my colleagues 
to support its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NORWOOD. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Nevada [Mrs. Vucanovich].
  Mrs. VUCANOVICH. Mr. Speaker, I thank the gentleman from Georgia for 
yielding time to me.
  Mr. Speaker, I am pleased to rise today in support of H.R. 3049 and 
H.R. 3055, the second and third bills brought to the floor this session 
under the corrections day process.
  Since the commencement of corrections day, seven bills have been 
signed into law by the President, and six bills have passed the House 
and are waiting further action in the Senate. I believe we are 
compiling a record of success, and that the corrections calendar will 
continue to be relied upon by the House.
  The American people are demanding a more responsive Government, and 
corrections day plays a key part in meeting their demands. I believe 
that the two bills we will consider today are superb examples of how 
corrections day is a process that works for the American people.
  I would like to thank the members of the corrections day advisory 
group, especially Mr. Waxman, who through his and their efforts, make 
corrections day truly bipartisan in nature. I also want to thank 
Chairman Goodling, Mr. Norwood, Mr. Kildee, and the Opportunities 
Committee for their hard work in getting these bills to the floor. I am 
hopeful that the Senate will recognize the need for quick action and 
send these bills to the President without delay.
  Mr. KILDEE. Mr. Speaker, I yield 3 minutes to the gentleman from New 
Mexico [Mr. Richardson].
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, I want to thank the chairman and ranking 
member of the committee, and the gentleman from Georgia [Mr. Norwood], 
in addition, for their attention to the Institute of American Indian 
Arts, which is located in my district in Santa Fe, N.M. I especially 
want to commend the gentleman from Michigan [Mr. Kildee]. It is true he 
is one of, if not the, father of this institution, with some very 
valuable legislation that he offered over the years, along with the 
Committee on Education and Labor.
  Let me say, Mr. Speaker, that I will at this time support the bill, 
but I do have some concerns about the precedent this bill sets in 
putting restrictions on Presidential appointments, so this is not a 
Democratic or Republican issue. I believe that in the future, before we 
consider legislation which in any way limits a President's duty to 
appoint boards, that we should really take a hard look at the precedent 
it sets.

                             {time}   1430

  Nonetheless, this bill addresses one of the biggest obstacles the 
Institute faces. The Institute has lost its Federal funding, half of 
it, last year, and has directions from this body to become totally 
privately funded in a matter of years.
  In times like this, you need a strong board of directors that is 
going to raise money, that is going to find other sources of money, and 
which can provide strong leadership. This is very important at this 
time.
  However, let me just state that besides that concern that I have of 
putting restrictions on board appointments, let me say that the board 
at the institute for American Indian Arts has not always been the most 
stable force there. They have a board now that I believe is offering 
leadership.
  I see the gentleman from New Mexico [Mr. Skeen] here, my good friend 
who is responsible for keeping the Institute alive 1 more year, and 
hopefully, with the help of the gentleman from Ohio [Mr. Regula], for 3 
more years in a transition to it becoming a private institution.
  Again, I think this legislation is well meaning, but I think we have 
to be very careful about limiting Presidential appointments to boards. 
One of the problems has been the White House, regrettably, delayed 
naming many of these board members.
  This is not a big fish, this issue. This fish happens to be in my 
congressional district, nonetheless, and it is an institute that is 
teaching young men and women, native American men and women, a ability 
to express themselves in art. Some outstanding art comes from here. The 
institute has gotten its act together. Let us not object to this bill.
  I think as we move ahead in the other body, we should just be sure 
that we are not infringing on a Presidential priority, infringing on a 
Presidential prerogative. But I think this legislation is in response 
to a situation that needs to be corrected. For that reason, I will be 
supporting it. I hope in the days ahead we can deal with some of these 
concerns, but this is not the time to derail good legislation as it 
moves forward.
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R. 
3049, a bill providing for the continuity of the Board of Trustees of 
the Institute for American Indian and Alaska Native Culture and Arts 
Development. Since 1988, I have been appointed by the Speaker's office 
to fulfill the Board of Trustee position for the two congressional 
seats of the U.S. House of Representatives and I thank the Speaker for 
this honor.
  As you know, the Institute is a federally created institution for 
higher education, authorized under title 15 of the Higher Education 
Amendments of 1986. Its primary function is to provide instruction in 
Indian arts and culture and establish a program which completes with 
the award of degrees in the contemporary and traditional fields of 
Indian art and culture.
  Unfortunately, the appointment/reappointment process of fulfilling 
the Board of Trustees

[[Page H3670]]

vacancies has proven to be extremely cumbersome and the appointments of 
voting members to the board has not been made in a timely manner. H.R. 
3049 would prevent the situation where board members have felt 
obligated to serve additional terms in order to maintain a quorum for 
the purpose of conducting business. I urge my colleagues to vote yes on 
this purely technical corrections bill and thank the Speaker for the 
opportunity to voice my concerns.
  Mr. KILDEE. Mr. Speaker, I yield back the balance of my time.
  Mr. NORWOOD. Mr. Speaker, my compliments to the gentleman from 
Pennsylvania [Mr. Goodling] and the gentleman from Michigan [Mr. 
Kildee] for this excellent corrections day bill. Since I have no 
further requests for time, I will also yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Upton). Pursuant to the rule, the 
previous question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and (three-fifths having voted in favor 
thereof) the bill was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
section 1505 of the Higher Education Amendments of 1986 to provide for 
the continuity of the Board of Trustees of the Institute of American 
Indian and Alaska Native Culture and Arts Development.''.
  A motion to reconsider was laid on the table.

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