```

[House Report 106-1028]
[From the U.S. Government Publishing Office]

106th Congress                                           Rept. 106-1028
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
            AMERICAN INDIAN EDUCATION FOUNDATION ACT OF 1999

                                _______
                                

               December 14, 2000.--Ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3080]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3080) to amend the Indian Self-Determination and 
Education Assistance Act to direct the Secretary of the 
Interior to establish the American Indian Education Foundation, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 3080 is to amend the Indian Self-
Determination and Education Assistance Act to direct the 
Secretary of the Interior to establish the American Indian 
Education Foundation, and for other purposes.

                  Background and Need for Legislation

    H.R. 3080 amends the Indian Self-Determination and 
Education Assistance Act so as to direct the Secretary of the 
Interior to establish the American Indian Education Foundation. 
The Foundation proposed has been modeled after the National 
Park Foundation created in 1967.
    The American Indian Education Foundation would be a 
charitable, nonprofit, federally-chartered corporation having 
the purposes of: (a) accepting and administering private gifts 
of real and personal property in support of the mission of the 
Office of Indian Education Programs of the Bureau of Indian 
Affairs (BIA); (b) conducting activities as will further the 
educational opportunities of American Indians who attend BIA 
funded schools; and (c) assisting others who undertake 
activities that will further the educational opportunities of 
American Indians attending BIA funded schools.
    H.R. 3080 provides that the Foundation created shall be 
located within the District of Columbia and shall be governed 
by an 11-member, uncompensated board of directors. H.R. 3080 
also imposes certain limitations on the administrative costs of 
the Foundation and allows the Secretary of the Interior to 
transfer to the Foundation certain donations and bequests which 
are currently held by the Department for the benefit of Native 
Americans.

                            Committee Action

    H.R. 3080 was introduced on October 14, 1999, by 
Congressman Dale Kildee (D-MI). The bill was referred to the 
Committee on Resources. On October 20, 1999, the Committee met 
to consider the bill. No amendments were offered and the bill 
was ordered favorably reported to the House of Representatives 
by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
transfer of the donated funds from the Department of the 
Interior to the foundation would increase direct spending in 
2000, but that enactment of the bill ``would not significantly 
affect the federal budget over the 2000-2004 period.''
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 26, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3080, the American 
Indian Education Foundation Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3080--American Indian Education Foundation Act of 1999

    H.R. 3080 would establish the American Indian Education 
Foundation, a charitable and nonprofit corporation to support 
the mission of the Office of Indian Education Programs within 
the Bureau of Indian affairs (BIA). The foundation would assist 
federal, state, tribal, and other entities in efforts to 
improve educational opportunities for American Indians 
attending BIA-funded schools. Funding for the foundation would 
be provided through a transfer of donated funds currently held 
by the Department of the Interior (DOI) as well as other 
donations solicited and received by the foundation itself. In 
addition, H.R. 3080 would allow the Secretary of the Interior 
to provide reimbursable administrative and financial support to 
the foundation during the first five years of its operation.
    Based on the information from DOI, CBO estimates that 
implementing H.R. 3080 would not significantly affect the 
federal budget over the 2000-2004 period. Assistance provided 
by DOI during the first five years, which would probably not 
exceed $500,000 in any year, would be subject to appropriation, 
and must be fully reimbursed by the foundation. Thus, CBO 
estimates that this provision would have no net impact on 
discretionary spending. The transfer of donated funds from DOI 
to the foundation would increase direct spending in 2000; 
therefore, pay-as-you-go procedures would apply. CBO estimates, 
however, that these donations would total less than $500,000. 
H.R. 3080 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act and 
would impose no costs on tribal, state, or local governments.
    On September 1, 1999, CBO transmitted a cost estimate for 
S. 1290, the American Indian Education Foundation Act of 1999, 
as ordered reported by the Senate Committee on Indian Affairs 
on August 4, 1999. The two bills are similar, and the cost 
estimates are identical.
    The CBO staff contact is Megan Carroll. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

 TITLE V OF THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT

             TITLE V--AMERICAN INDIAN EDUCATION FOUNDATION

SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.

    (a) In General.--As soon as practicable after the date of 
the enactment of this title, the Secretary of the Interior 
shall establish, under the laws of the District of Columbia and 
in accordance with this title, the American Indian Education 
Foundation.
    (b) Perpetual Existence.--Except as otherwise provided, the 
Foundation shall have perpetual existence.
    (c) Nature of Corporation.--The Foundation shall be a 
charitable and nonprofit federally chartered corporation and 
shall not be an agency or instrumentality of the United States.
    (d) Place of Incorporation and Domicile.--The Foundation 
shall be incorporated and domiciled in the District of 
Columbia.
    (e) Purposes.--The purposes of the Foundation shall be--
          (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, an 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.
    (f) Board of Directors.--
          (1) The Board of Directors shall be the governing 
        body of the Foundation. The Board may exercise, or 
        provide for the exercise of, the powers of the 
        Foundation.
          (2) The number of members of the Board, the manner of 
        their selection (including the filling of vacancies), 
        and their terms of office shall be as provided in the 
        constitution and by-laws of the Foundation. However, 
        the Board shall have at least 11 members, 2 of whom 
        shall be the Secretary and the Assistant Secretary of 
        the Interior for Indian Affairs, who shall serve as ex 
        officio nonvoting members, and the initial voting 
        members of the Board shall be appointed by the 
        Secretary not later than 6 months after the date that 
        the Foundation is established and shall have staggered 
        terms (as determined by the Secretary).
          (3) 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.
          (4) Compensation.--Members of the Board shall not 
        receive compensation for their services as members, but 
        shall be reimbursed for actual and necessary travel and 
        subsistence expenses incurred by them in the 
        performance of the duties of the Foundation.
    (g) Officers.--
          (1) 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) The secretary shall serve, at the direction of 
        the Board, as its chief operating officer and shall be 
        knowledgeable and experienced in matters relating to 
        education in general and education of American Indians 
        in particular.
          (3) The manner of election, term of office, and 
        duties of the officers shall be as provided in the 
        constitution and bylaws of the Foundation.
    (h) 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) may adopt and alter a corporate seal;
          (3) may make contracts, subject to the limitations of 
        this Act;
          (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 perform any other act necessary and proper to 
        carry out the purposes of the Foundation.
    (i) Principal Office.--The principal office of the 
Foundation shall be in the District of Columbia. However, 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.
    (j) 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.
    (k) 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 are 
personally liable only for gross negligence in the performance 
of their duties.
    (l) Restrictions.--
          (1) 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--
                  (A) the amounts transferred to the Foundation 
                under subsection (m) during the preceding 
                fiscal year; and
                  (B) donations received from private sources 
                during the preceding fiscal year.
          (2) Appointment and hiring.--The appointment of 
        officers and employees of the Foundation shall be 
        subject to the availability of funds.
          (3) Status.--Members of the Board, and the officers, 
        employees, and agents of the Foundation are not, by 
        reason of their association with the Foundation, 
        officers, employees, or agents of the United States.
    (m) Transfer of Donated Funds.--The Secretary may transfer 
to the Foundation funds held by the Department of the Interior 
under the Act of February 14, 1931 (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.
    (n) Audits.--The Foundation shall comply with the audit 
requirements set forth in section 10101 of title 36, United 
States Code, as if it were a corporation in part B of subtitle 
II of that title.

SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT.

    (a) Provision of Support by Secretary.--Subject to 
subsection (b), during the 5-year period beginning on the date 
that the Foundation is established, the Secretary--
          (1) may provide personnel, facilities, and other 
        administrative support services to the Foundation;
          (2) may provide funds to reimburse the travel 
        expenses of the members of the Board under section 501; 
        and
          (3) shall require and accept reimbursements from the 
        Foundation for any--
                  (A) services provided under paragraph (1); 
                and
                  (B) funds provided under paragraph (2).
    (b) Reimbursement.--Reimbursements accepted under 
subsection (a)(3) shall be deposited in the Treasury to the 
credit of the appropriations then current and chargeable for 
the cost of providing services described in subsection (a)(1) 
and the travel expenses described in subsection (a)(2).
    (c) 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 subsection (a), on a space available, 
reimbursable cost basis.

SEC. 503. DEFINITIONS.

    For the purposes of this title--
          (1) the term ``Bureau funded school'' has the meaning 
        given that term in title XI of the Education Amendments 
        of 1978;
          (2) the term ``Foundation'' means the Foundation 
        established by the Secretary pursuant to section 501; 
        and
          (3) the term ``Secretary'' shall mean the Secretary 
        of the Interior.

                                  

```