Home > 106th Congressional Bills > S. 441 (is) To amend the National Trails System Act to designate the route of the War of 1812 British invasion of Maryland and Washington, District of Columbia, and the route of the American defense, for study for potential addition to the national trails...S. 441 (is) To amend the National Trails System Act to designate the route of the War of 1812 British invasion of Maryland and Washington, District of Columbia, and the route of the American defense, for study for potential addition to the national trails...
106th CONGRESS
1st Session
S. 440
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 1999
Referred to the Committee on Education and the Workforce
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AN ACT
To provide support for certain institutes and schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--HOWARD BAKER SCHOOL OF GOVERNMENT
SEC. 101. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the Board of Advisors
established under section 104.
(2) Endowment fund.--The term ``endowment fund'' means a
fund established by the University of Tennessee in Knoxville,
Tennessee, for the purpose of generating income for the support
of the School.
(3) School.--The term ``School'' means the Howard Baker
School of Government established under this title.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) University.--The term ``University'' means the
University of Tennessee in Knoxville, Tennessee.
SEC. 102. HOWARD BAKER SCHOOL OF GOVERNMENT.
From the funds authorized to be appropriated under section 106, the
Secretary is authorized to award a grant to the University for the
establishment of an endowment fund to support the Howard Baker School
of Government at the University of Tennessee in Knoxville, Tennessee.
SEC. 103. DUTIES.
In order to receive a grant under this title, the University shall
establish the School. The School shall have the following duties:
(1) To establish a professorship to improve teaching and
research related to, enhance the curriculum of, and further the
knowledge and understanding of, the study of democratic
institutions, including aspects of regional planning, public
administration, and public policy.
(2) To establish a lecture series to increase the knowledge
and awareness of the major public issues of the day in order to
enhance informed citizen participation in public affairs.
(3) To establish a fellowship program for students of
government, planning, public administration, or public policy
who have demonstrated a commitment and an interest in pursuing
a career in public affairs.
(4) To provide appropriate library materials and
appropriate research and instructional equipment for use in
carrying out academic and public service programs, and to
enhance the existing United States Presidential and public
official manuscript collections.
(5) To support the professional development of elected
officials at all levels of government.
SEC. 104. ADMINISTRATION.
(a) Board of Advisors.--
(1) In general.--The School shall operate with the advice
and guidance of a Board of Advisors consisting of 13
individuals appointed by the Vice Chancellor for Academic
Affairs of the University.
(2) Appointments.--Of the individuals appointed under
paragraph (1)--
(A) 5 shall represent the University;
(B) 2 shall represent Howard Baker, his family, or
a designee thereof;
(C) 5 shall be representative of business or
government; and
(D) 1 shall be the Governor of Tennessee, or the
Governor's designee.
(3) Ex officio members.--The Vice Chancellor for Academic
Affairs and the Dean of the College of Arts and Sciences at the
University shall serve as an ex officio member of the Board.
(b) Chairperson.--
(1) In general.--The Chancellor, with the concurrence of
the Vice Chancellor for Academic Affairs, of the University
shall designate 1 of the individuals first appointed to the
Board under subsection (a) as the Chairperson of the Board. The
individual so designated shall serve as Chairperson for 1 year.
(2) Requirements.--Upon the expiration of the term of the
Chairperson of the individual designated as Chairperson under
paragraph (1) or the term of the Chairperson elected under this
paragraph, the members of the Board shall elect a Chairperson
of the Board from among the members of the Board.
SEC. 105. ENDOWMENT FUND.
(a) Management.--The endowment fund shall be managed in accordance
with the standard endowment policies established by the University of
Tennessee System.
(b) Use of Interest and Investment Income.--Interest and other
investment income earned (on or after the date of enactment of this
subsection) from the endowment fund may be used to carry out the duties
of the School under section 103.
(c) Distribution of Interest and Investment Income.--Funds realized
from interest and other investment income earned (on or after the date
of enactment of this subsection) shall be available for expenditure by
the University for purposes consistent with section 103, as recommended
by the Board. The Board shall encourage programs to establish
partnerships, to leverage private funds, and to match expenditures from
the endowment fund.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$10,000,000. Funds appropriated under this section shall remain
available until expended.
TITLE II--JOHN GLENN INSTITUTE FOR PUBLIC SERVICE AND PUBLIC POLICY
SEC. 201. DEFINITIONS.
In this title:
(1) Endowment fund.--The term ``endowment fund'' means a
fund established by the University for the purpose of
generating income for the support of the Institute.
(2) Endowment fund corpus.--The term ``endowment fund
corpus'' means an amount equal to the grant or grants awarded
under this title plus an amount equal to the matching funds
required under section 202(d).
(3) Endowment fund income.--The term ``endowment fund
income'' means an amount equal to the total value of the
endowment fund minus the endowment fund corpus.
(4) Institute.--The term ``Institute'' means the John Glenn
Institute for Public Service and Public Policy described in
section 202.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) University.--The term ``University'' means the Ohio
State University at Columbus, Ohio.
SEC. 202. PROGRAM AUTHORIZED.
(a) Grants.--From the funds appropriated under section 206, the
Secretary is authorized to award a grant to the Ohio State University
for the establishment of an endowment fund to support the John Glenn
Institute for Public Service and Public Policy. The Secretary may enter
into agreements with the University and include in any agreement made
pursuant to this title such provisions as are determined necessary by
the Secretary to carry out this title.
(b) Purposes.--The Institute shall have the following purposes:
(1) To sponsor classes, internships, community service
activities, and research projects to stimulate student
participation in public service, in order to foster America's
next generation of leaders.
(2) To conduct scholarly research in conjunction with
public officials on significant issues facing society and to
share the results of such research with decisionmakers and
legislators as the decisionmakers and legislators address such
issues.
(3) To offer opportunities to attend seminars on such
topics as budgeting and finance, ethics, personnel management,
policy evaluations, and regulatory issues that are designed to
assist public officials in learning more about the political
process and to expand the organizational skills and policy-
making abilities of such officials.
(4) To educate the general public by sponsoring national
conferences, seminars, publications, and forums on important
public issues.
(5) To provide access to Senator John Glenn's extensive
collection of papers, policy decisions, and memorabilia,
enabling scholars at all levels to study the Senator's work.
(c) Deposit Into Endowment Fund.--The University shall deposit the
proceeds of any grant received under this section into the endowment
fund.
(d) Matching Funds Requirement.--The University may receive a grant
under this section only if the University has deposited in the
endowment fund established under this title an amount equal to one-
third of such grant and has provided adequate assurances to the
Secretary that the University will administer the endowment fund in
accordance with the requirements of this title. The source of the funds
for the University match shall be derived from State, private
foundation, corporate, or individual gifts or bequests, but may not
include Federal funds or funds derived from any other federally
supported fund.
(e) Duration; Corpus Rule.--The period of any grant awarded under
this section shall not exceed 20 years, and during such period the
University shall not withdraw or expend any of the endowment fund
corpus. Upon expiration of the grant period, the University may use the
endowment fund corpus, plus any endowment fund income for any
educational purpose of the University.
SEC. 203. INVESTMENTS.
(a) In General.--The University shall invest the endowment fund
corpus and endowment fund income in accordance with the University's
investment policy approved by the Ohio State University Board of
Trustees.
(b) Judgment and Care.--The University, in investing the endowment
fund corpus and endowment fund income, shall exercise the judgment and
care, under circumstances then prevailing, which a person of prudence,
discretion, and intelligence would exercise in the management of the
person's own business affairs.
SEC. 204. WITHDRAWALS AND EXPENDITURES.
(a) In General.--The University may withdraw and expend the
endowment fund income to defray any expenses necessary to the operation
of the Institute, including expenses of operations and maintenance,
administration, academic and support personnel, construction and
renovation, community and student services programs, technical
assistance, and research. No endowment fund income or endowment fund
corpus may be used for any type of support of the executive officers of
the University or for any commercial enterprise or endeavor. Except as
provided in subsection (b), the University shall not, in the aggregate,
withdraw or expend more than 50 percent of the total aggregate
endowment fund income earned prior to the time of withdrawal or
expenditure.
(b) Special Rule.--The Secretary is authorized to permit the
University to withdraw or expend more than 50 percent of the total
aggregate endowment fund income whenever the University demonstrates
such withdrawal or expenditure is necessary because of--
(1) a financial emergency, such as a pending insolvency or
temporary liquidity problem;
(2) a life-threatening situation occasioned by a natural
disaster or arson; or
(3) another unusual occurrence or exigent circumstance.
(c) Repayment.--
(1) Income.--If the University withdraws or expends more
than the endowment fund income authorized by this section, the
University shall repay the Secretary an amount equal to one-
third of the amount improperly expended (representing the
Federal share thereof).
(2) Corpus.--Except as provided in section 202(e)--
(A) the University shall not withdraw or expend any
endowment fund corpus; and
(B) if the University withdraws or expends any
endowment fund corpus, the University shall repay the
Secretary an amount equal to one-third of the amount
withdrawn or expended (representing the Federal share
thereof) plus any endowment fund income earned thereon.
SEC. 205. ENFORCEMENT.
(a) In General.--After notice and an opportunity for a hearing, the
Secretary is authorized to terminate a grant and recover any grant
funds awarded under this section if the University--
(1) withdraws or expends any endowment fund corpus, or any
endowment fund income in excess of the amount authorized by
section 204, except as provided in section 202(e);
(2) fails to invest the endowment fund corpus or endowment
fund income in accordance with the investment requirements
described in section 203; or
(3) fails to account properly to the Secretary, or the
General Accounting Office if properly designated by the
Secretary to conduct an audit of funds made available under
this title, pursuant to such rules and regulations as may be prescribed
by the Comptroller General of the United States, concerning investments
and expenditures of the endowment fund corpus or endowment fund income.
(b) Termination.--If the Secretary terminates a grant under
subsection (a), the University shall return to the Treasury of the
United States an amount equal to the sum of the original grant or
grants under this title, plus any endowment fund income earned thereon.
The Secretary may direct the University to take such other appropriate
measures to remedy any violation of this title and to protect the
financial interest of the United States.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$10,000,000. Funds appropriated under this section shall remain
available until expended.
TITLE III--OREGON INSTITUTE OF PUBLIC SERVICE AND CONSTITUTIONAL
STUDIES
SEC. 301. DEFINITIONS.
In this title:
(1) Endowment fund.--The term ``endowment fund'' means a
fund established by Portland State University for the purpose
of generating income for the support of the Institute.
(2) Institute.--The term ``Institute'' means the Oregon
Institute of Public Service and Constitutional Studies
established under this title.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 302. OREGON INSTITUTE OF PUBLIC SERVICE AND CONSTITUTIONAL
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