| Home > 106th Congressional Bills > S. 1290 (is) To amend title 36 of the United States Code to establish the American Indian Education Foundation, and for other purposes. [Introduced in Senate] ...
S. 1290 (is) To amend title 36 of the United States Code to establish the American Indian Education Foundation, and for other purposes. [Introduced in Senate] ...
106th CONGRESS 1st Session S. 1290 _______________________________________________________________________ AN ACT To amend title 36 of the United States Code to establish the American Indian Education 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 ``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. ``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. Passed the Senate November 4, 1999. Attest: Secretary. 106th CONGRESS 1st Session S. 1290 _______________________________________________________________________ AN ACT To amend title 36 of the United States Code to establish the American Indian Education Foundation, and for other purposes.
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