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Calendar No. 334
106th CONGRESS
1st Session
S. 1290
[Report No. 106-197]
To amend title 36 of the United States Code to establish the American
Indian Education Foundation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 1999
Mr. Inouye (for himself, Mr. Domenici, Mr. Dorgan, Mr. Conrad, Mr.
Bingaman, Mr. Johnson, Mr. Daschle, Mr. Akaka, and Mr. Baucus)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
October 20, 1999
Reported by Mr. Campbell, without amendment
_______________________________________________________________________
A BILL
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.
Calendar No. 334
106th CONGRESS
1st Session
S. 1290
[Report No. 106-197]
_______________________________________________________________________
A BILL
To amend title 36 of the United States Code to establish the American
Indian Education Foundation, and for other purposes.
_______________________________________________________________________
October 20, 1999
Reported without amendment
Pages: 1 Other Popular 106th Congressional Bills Documents:
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