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...


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106th CONGRESS
  1st Session
                                 S. 440


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 1999

        Referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 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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