[Congressional Record Volume 145, Number 154 (Thursday, November 4, 1999)]
[Senate]
[Pages S14030-S14031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AMERICAN INDIAN EDUCATION FOUNDATION ACT OF 1999

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 334, S. 1290.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1290) to amend title 36 of the United States 
     Code to establish the American Indian Education Foundation, 
     and for other purposes.

  Without objection, the Senate proceeded to consider the bill.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1290) was read the third time and passed, as follows:

                                S. 1290

       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.

[[Page S14031]]

     ``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.

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