Calendar No. 186

103D CONGRESS

1ST SESSION S. 1121

[Report No. 103–129]

A BILL

To establish the National Indian Research

Institute.

AUGUST 24, 1993

Reported with amendments
II

Calendar No. 186

103D CONGRESS

1ST SESSION S. 1121

[Report No. 103–129]

To establish the National Indian Research Institute.

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, June 15), 1993

Mr. INOUYE (for himself, and Mr. MCCAIN, Mr. CAMPBELL, Mr. DOMENICI,

Mrs. KASSEBAUM, and Mr. SIMON) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

AUGUST 24, 1993

Reported, under authority of the order of the Senate of August 2 (legislative

day, June 30), 1993, by Mr. INOUYE, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To establish the National Indian Research Institute.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Indian

5 Research Institute Act’’.
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1 SEC. 2. FINDINGS.

2 (a) FINDINGS OF CONGRESS.—The Congress finds

3 that:

4 (1) The policy of the United States toward In5 dian and Alaska Native tribes which has emerged

6 over the course of 200 years of relationships is based

7 upon the following fundamental principles:

8 (A) Federal-Indian policy is premised upon

9 the government-to-government relationship be10 tween the United States and Indian tribal gov11 ernments;

12 (B) the United States has a trust respon13 sibility to protect, maintain, and manage Indian

14 lands and related natural resources, including

15 water, fisheries, game and game habitat, and to

16 preserve permanent homelands for native people

17 within this Nation;

18 (C) tribal rights of self-government are

19 recognized under the United States Constitu20 tion and numerous treaties, intergovernmental

21 agreements, statutes and Executive orders, and

22 have been consistently upheld by the highest

23 courts of the United States;

24 (D) the goals of economic self-sufficiency

25 and improvement of the social well-being of

26 tribal communities, with the objective of achiev-
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1 ing parity with the general United States popu2 lation as evidenced by national averages for

3 health care, per capita income and rates of em4 ployment and educational achievement, are rec5 ognized as the basis of numerous Federal stat6 utes and administrative policies;

7 (E) the unique cultural heritage of tribal

8 people in the United States, including mainte9 nance of native language proficiency, the prac10 tice of traditional ceremonies, and religious and

11 artistic expression, is recognized in numerous

12 Acts of Congress as an irreplaceable national

13 heritage to be supported and protected; and

14 (F) for nearly two decades, the United

15 States has consistently endorsed and advanced

16 the principle of Indian self-determination, with

17 the objective of ending Federal domination of

18 programs affecting Indians and ensuring that

19 tribal governments are empowered to plan, con20 duct, and administer such programs themselves.

21 (2) Despite broad agreement on the underlying

22 principles of United States Indian policy, laws en23 acted by the Congress and regulations adopted by

24 Federal agencies do not invariably reflect such prin25 ciples owing to the large number of executive branch
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1 agencies and the large number of congressional com2 mittees determining policy and owing to the absence

3 of an institutional resource from which agencies and

4 congressional committees might obtain objective and

5 reliable data, information, and analyses based upon

6 the fullest knowledge of the underlying policy prin7 ciples.

8 (3) Performance of its trust responsibility to

9 American Indians consistent with the highest fidu10 ciary standards requires the United States to assure

11 that accurate and reliable information and scholarly

12 analyses are available to institutions shaping public

13 policy.

14 (4) Federal Indian policy impacts the lives and

15 property of all American citizens, Indian and non-In16 dian, living on or near reservations throughout In17 dian country.

18 (5) Establishment of an independent, non19 partisan, institute to provide data, information, and

20 analyses related to Indian issues would assist insti21 tutions in shaping sound and consistent public policy

22 and its establishment is warranted.

23 (6) The establishment of an institute is not in24 tended, nor should it be construed as, a delegation
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1 of the responsibilities of the United States in formu2 lating and adopting public policy.

3 SEC. 3. DEFINITIONS.

4 For purposes of this Act:

5 (1) The term ‘‘Indian’’ means any person who

6 is a member of an Indian tribe.

7 (2) The term ‘‘Indian tribe’’ means any tribe,

8 band, nation, or other organized group or commu9 nity of Indians including any Alaska Native village

10 which is recognized by the United States as eligible

11 for special programs and services provided by the

12 United States to Indians because of their status as

13 Indians.

14 (3) The term ‘‘Institute’’ means the National

15 Indian Research Institute established by this Act.

16 (4) The term ‘‘Board’’ means the Board of Di17 rectors of the Institute.

18 (5) The term ‘‘president’’ means the president

19 of the George Washington University located in

20 Washington, District of Columbia.

21 SEC. 4. ESTABLISHMENT OF INSTITUTE.

22 (a) IN GENERAL.—There is established a federally

23 chartered corporation to be known as the ‘‘National In24 dian Research Institute’’ which shall be located in Wash25 ington, District of Columbia, and, with the consent of
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1 George Washington University, as indicated by the accept2 ance by it of the grant authorized under section 12 of this

3 Act, within the George Washington University for pur4 poses of administration and management. For purposes

5 of policy and direction, the Institute shall be under the

6 control of the Board of Directors established under section

7 7 of this Act.

8 (b) SUCCESSION AND AMENDMENT OF CHARTER.—

9 The Federal corporation established by this Act shall have

10 succession, subject to the review provided for in subsection

11 (c), until dissolved by Act of Congress. The Congress shall

12 have exclusive authority to revise or amend the provisions

13 of this Act involving the establishment and operation of

14 such corporation.

15 (c) REVIEW.—No later than 60 months after enact16 ment of this Act, the Congress shall review the activities

17 and performance of the Institute and of George Washing18 ton University in support of the Institute’s purposes to

19 determine whether amendments to this Act are required.

20 SEC. 5. FUNCTIONS.

21 (a) RESEARCH AND ANALYSIS.—The Institute shall,

22 at the request of institutions shaping policies affecting In23 dians or upon its own initiative, conduct or commission

24 research and analysis to be carried out, in accordance with

25 the highest standards of scholarship and independence, on
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1 issues related to the development of public policy affecting

2 Indians. The Institute shall adopt criteria and procedures

3 to guide the selection of research projects consistent with

4 section 7(f)(3). Priority consideration shall be given to pol5 icy initiatives proposed for consideration by the executive

6 or legislative branches of the Federal Government. In con7 ducting or commissioning research and analysis on issues

8 relating to the development of public policy affecting Indi9 ans, the Institute shall ensure that such research shall

10 consider all factors affecting Indian policy including the

11 impact of such policy upon other Americans.

12 (b) DATA AND INFORMATION CLEARINGHOUSE.—

13 The Institute shall establish a data base to make acces14 sible information and data maintained by Government

15 agencies, academic institutions, and Indian and other or16 ganizations, and shall develop computer and telecommuni17 cation networks to make such information recoverable by

18 policymakers and the public. Where it is determined that

19 developing a new and specific data base is required, the

20 Institute shall undertake to meet such need.

21 (c) FORUMS AND SYMPOSIA.—The Institute shall

22 conduct periodic public forums to identify and explore

23 emerging Indian policy issues and to identify needs for

24 data, information, or analyses, and shall conduct

25 symposia, when appropriate, to clarify options for policy-
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1 makers and to advance an understanding of complex and

2 interrelated public policy issues as they affect Indian peo3 ple and the formulation of Indian policy.

4 (d) PUBLIC INFORMATION.—(1) The Institute shall

5 publish and make available to the executive and legislative

6 branches of the Federal Government, tribal governments,

7 tribal colleges, and the public, the products of its research

8 and reports of other activities by disseminating informa9 tion about such research and reports as deemed appro10 priate by the Board.

11 (2) Nothing in paragraph (1) or any other provision

12 of this Act shall be construed as prohibiting any Indian

13 tribal government from imposing any condition, limitation,

14 or other restriction on the use or dissemination of any in15 formation or other data made available by such tribal gov16 ernment to the Institute under this Act.

17 SEC. 6. GENERAL POWERS OF INSTITUTE.

18 (a) POWERS OF INSTITUTE.—In carrying out the

19 provisions of this Act, the Institute shall have the power,

20 consistent with the provisions of this Act—

21 (1) to adopt, use and alter a corporate seal;

22 (2) to make, subject to the availability of funds,

23 agreements and contracts with persons, Indian tribal

24 governments, tribal organizations, and private or

25 governmental entities, and to make payments or ad-
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1 vance payments under such agreements or contracts

2 without regard to the provisions of section 3324 of

3 title 31, United States Code;

4 (3) to sue and be sued in its corporate name

5 and to complain and defend in any court of com6 petent jurisdiction;

7 (4) to represent itself, or to contract for rep8 resentation, in all judicial, legal, and other proceed9 ings;

10 (5) with the approval of the Federal agency

11 concerned and on a reimbursable basis, to make use

12 of services, facilities, and property of any board,

13 commission, independent establishment, or executive

14 agency or department of the Federal Government in

15 carrying out the provisions of this Act, and to pay

16 for such use;

17 (6) to solicit, accept, and dispose of gifts, be18 quests, devises of money, securities, and other prop19 erties of whatever character, for the benefit of the

20 Institute;

21 (7) to receive grants from, and subject to the

22 availability of funds, enter into contracts and other

23 arrangements with Federal, State, tribal, or local

24 governments, public and private agencies, organiza25 tions, institutions, and individuals;
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1 (8) to acquire, hold, maintain, use, operate, and

2 dispose of such real property, including improve3 ments thereon, personal property, equipment, and

4 other items, as may be necessary to enable the Insti5 tute to carry out the provisions of this Act;

6 (9) to obtain insurance or make other provi7 sions against losses;

8 (10) to use any funds or property received by

9 the Institute to carry out the purpose of this Act ex10 cept that any funds received by, or under the control

11 of the Institute that are not Federal funds shall be

12 accounted for separately from Federal funds; and

13 (11) to exercise all other lawful powers nec14 essarily or reasonably related to the establishment of

15 the Institute in order to carry out the provisions of

16 this Act and the exercise of the powers, purposes,

17 functions, duties, and authorized activities of the In18 stitute.

19 SEC. 7. BOARD OF DIRECTORS.

20 (a) COMPOSITION.—

21 (1) The Board of Directors of the Institute

22 shall consist of the following members:

23 (A) Seven individuals appointed within 12

24 months following the date of enactment of this

25 Act by the President pro tempore of the Senate
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1 and 7 individuals appointed within the same pe2 riod by the Speaker of the House of Represent3 atives, who are representative of a broad range

4 of Indian policy expertise as evidenced by estab5 lished credentials in the different disciplines

6 which make up the diverse field of Indian pol7 icy, including degrees from recognized academic

8 institutions, leadership in public policymaking

9 positions, or affiliation with public and private

10 institutions which are known for their signifi11 cant contributions to the public interest. The

12 President pro tempore shall appoint from a list

13 of persons submitted by the chairman of the

14 Committee on Indian Affairs, and the Speaker

15 shall appoint from a list of persons submitted

16 by the chairman of the Committee on Natural

17 Resources of the House of Representatives.

18 (B) Two individuals appointed by the

19 president of George Washington University

20 within 12 months following the date of the en21 actment of this Act from among the faculty, of22 ficers, or employees of George Washington Uni23 versity. Members appointed pursuant to this

24 subparagraph shall serve at the pleasure of the

25 president.
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1 (C) The president of George Washington

2 University, or his or her designee, and the Di3 rector of the Institute, both of whom shall serve

4 as ex officio voting members of the Board.

5 (2) In making appointments under subsection

6 (a)(1)(A), the appointing authorities shall—

7 (A) consult with Indian tribal governments

8 and tribal organizations;

9 (B) solicit nominations from Indian public

10 policy specialists, Indian tribal governments,

11 tribal colleges, other Indian organizations, aca12 demic institutions and public officials with In13 dian policy responsibilities; and

14 (C) ensure that a majority of appointments

15 are Indians who are broadly representative of

16 Indian country.

17 (b) INTERIM BOARD.—The Planning Committee, ap18 pointed by the president of George Washington University

19 to assist with the feasibility study for the establishment

20 of a National Center for Native American Studies and In21 dian Policy Development, as authorized by section 11 of

22 Public Law 101–301, and composed of those individuals

23 serving at the time of enactment of this Act, shall serve

24 as the interim Board until the appointments authorized

25 in subsection (a)(1) have been made. Their service shall
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1 terminate on the date that all members authorized to be

2 appointed under subparagraphs (A) and (B) of paragraph

3 (1) of subsection (a) are appointed.

4 (c) TERMS OF OFFICE.—

5 (1) Except as otherwise provided in this section,

6 members of the Board of Directors appointed pursu7 ant to subsection (a)(1)(A) shall be appointed for

8 terms of office of 3 years.

9 (2) Of the members first appointed under sub10 section (a)(1)(A) of this section—

11 (A) 5 shall have a term of office of 12

12 months;

13 (B) 5 shall have a term of office of 24

14 months; and

15 (C) 4 shall have a term of office of 36

16 months.

17 (3) The term of office assigned to each of the

18 initial members of the Board as provided under

19 paragraph (2) shall be determined by the appointing

20 authorities at the time of appointment, except that

21 no member shall be eligible to serve in excess of 2

22 consecutive terms, but may continue to serve until

23 such member’s successor is appointed.

24 (d) VACANCIES.—Any member of the Board ap25 pointed under subsection (a) of this section to fill a va-
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1 cancy occurring before the expiration of the term to which

2 such member’s predecessor was appointed shall be ap3 pointed for the remainder of such term.

4 (e) REMOVAL.—No member of the Board appointed

5 pursuant to subsection (a)(1)(A) of this section may be

6 removed during the term of office of such member except

7 for just and sufficient cause. However, absence from 3

8 consecutive meetings shall be considered just and suffi9 cient cause.

10 (f) POWERS OF BOARD.—The Board is authorized

11 and directed to—

12 (1) formulate policy for the Institute and pro13 vide direction for its management, in consultation

14 with George Washington University; and

15 (2) make such bylaws and rules as it deems

16 necessary for the administration of its functions

17 under this Act, including the organization and oper18 ating procedures of the Board. Board; and

19 (3) establish a process for independent peer re20 view of research proposals submitted to the Institute

21 based upon the research competence of the applicant,

22 the applicant’s knowledge of related research, the util23 ity or relevance of the research, and such other cri24 teria as the Board may identify for specific projects.
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1 (g) OFFICERS AND EXECUTIVE COMMITTEE.—The

2 Board shall select from among its members an executive

3 committee to be comprised of a co-chair selected by the

4 Board to serve with a co-chair designated by George

5 Washington University, and a vice chair, secretary, treas6 urer, and one at-large member selected by the Board. In

7 accordance with the bylaws of the Board, such members

8 shall provide direction for the Board, and serve in lieu of

9 the Board on matters requiring Board action, subject to

10 review and action by the Board as the members of the

11 Board may deem appropriate.

12 (h) COMMITTEES.—The Board may establish such

13 committees, task forces, and working groups as it deems

14 appropriate and necessary.

15 (i) COMPENSATION.—Members of the Board ap16 pointed under subsection (a)(1)(A) shall, for each day they

17 are engaged in the performance of their duties, receive

18 compensation at the rate of $125 per day, including travel

19 time. All members of the Board, while so serving away

20 from their homes or regular place of business, shall be

21 allowed travel expenses, including per diem in lieu of sub22 sistence.

23 SEC. 8. RESOURCE ADVISORY COUNCIL.

24 (a) RESOURCE ADVISORY COUNCIL.—There is estab25 lished the Resource Advisory Council to the National In-
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1 dian Research Institute (hereafter referred to as the

2 ‘‘Council’’) which shall provide assistance in the develop3 ment and operations of the Institute.

4 (b) COMPOSITION.—The membership of the Council

5 is as follows:

6 (1) Secretary of Health and Human Services;

7 (2) Secretary of Interior;

8 (3) Secretary of Education;

9 (4) Secretary, Smithsonian Institution;

10 (5) Secretary of Commerce;

11 (6) Secretary of Labor;

12 (7) Administrator of the Environmental Protec13 tion Agency;

14 (8) Director, National Academy of Sciences;

15 (9) Librarian of Congress;

16 (10) Director, Office of Technology Assessment

17 (11) Director, National Institutes of Health;

18 (12) Chairman, Committee on Indian Affairs,

19 United States Senate; and

20 (13) Chairman, Committee on Natural Re21 sources, United States House of Representatives.

22 (c) FUNCTIONS.—The Council, which is advisory only

23 and exercises no executive authority—
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1 (1) shall make recommendations to the Board

2 of Directors regarding research procedures and or3 ganizational development;

4 (2) shall provide professional and technical as5 sistance upon request of the Board of Directors, in6 cluding staff support for the activities of the Coun7 cil;

8 (3) when biannual meetings are called by the

9 chairmen of the Senate Committee on Indian Affairs

10 and the Committee on Natural Resources of the

11 House of Representatives, shall attend such meet12 ings or shall designate an individual or individuals to

13 attend on behalf of the Council; and

14 (4) may make reports and recommendations to

15 the Board of Directors and to the Congress as they

16 may from time to time request, or as the Council

17 may consider necessary to more effectively accom18 plish the purposes of this Act.

19 SEC. 9. OFFICERS AND EMPLOYEES.

20 (a) DIRECTOR.—The Board of Directors, with the

21 concurrence of the president, shall appoint a Director of

22 the Institute. The Director may only be removed from of23 fice by the Board in accordance with the bylaws of the

24 Institute.
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1 (b) RESPONSIBILITY OF DIRECTOR.—Subject to the

2 direction of the Board, and the general supervision of the

3 president, the Director shall have the responsibility for

4 carrying out the policies and functions of the Institute,

5 and shall have authority over all personnel and activities

6 of the Institute.

7 (c) EMPLOYEES.—The Director, with the approval of

8 the Board, shall have the authority to appoint and fix the

9 compensation and duties of such officers and employees

10 as may be necessary for the efficient administration of the

11 Institute.

12 (d) PREFERENCE.—In implementing this section, the

13 Board and the Director shall afford preference to Amer14 ican Indians.

15 SEC. 10. NONPROFIT AND NONPOLITICAL NATURE OF IN16 STITUTE.

17 (a) NOT AN ADVOCACY ORGANIZATION.—The Insti18 tute shall not engage in the advocacy of public policy alter19 natives, represent itself as the voice of tribal governments,

20 or take other actions that might be construed as interfer21 ing with or diminishing the government-to-government re22 lationship between tribal governments and the United

23 States.
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1 (b) NO SUPPORT TO POLITICAL PARTIES.—The In2 stitute may not contribute to, or otherwise support, any

3 political party or candidate for elective public office.

4 (c) OTHER.—No part of the income or assets of the

5 Institute shall inure to the benefit of any director, officer,

6 employee, or any other individual, except as salary or rea7 sonable compensation for services.

8 SEC. 11. TAX STATUS OF INSTITUTE.

9 The Institute and the franchise, capital, reserves, in10 come and property of the Institute is exempt from all tax11 ation imposed by the United States, by any Indian tribal

12 government, or by any State or political subdivision there13 of, or the District of Columbia.

14 SEC. 12. TRANSFER OF FUNCTIONS AND ADMINISTRATION

15 BY THE GEORGE WASHINGTON UNIVERSITY.

16 (a) TRANSFER OF FUNCTIONS.—There are trans17 ferred to the Institute, and such Institute shall perform,

18 the functions set forth under section 11 of Public Law

19 101–301 relating to the National Center for Native Amer20 ican Studies and Indian Policy Development, and section

21 816(e) of the Native American Programs Act of 1974 (42

22 U.S.C. 2991 et seq.).

23 (b) GRANT.—Subject to an appropriation by the Con24 gress for this purpose, within 30 days following the date

25 of the enactment of this Act, the Secretary of Health and
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1 Human Services shall award a grant to the George Wash2 ington University for all activities of the Institute and to

3 enable the University to provide such management, tech4 nical and support assistance to the Institute as may be

5 reasonable or necessary to operate the Institute, including

6 audit, accounting, computer services and building and

7 maintenance services. Subject to the availability of funds,

8 the grant shall be automatically renewable, at the option

9 of the University, on an annual basis until such time as

10 Congress may provide otherwise. No offsets or matching

11 requirements may be imposed.

12 SEC. 13. RELATIONSHIP WITH TRIBAL COLLEGES AND

13 OTHER RESEARCH ORGANIZATIONS.

14 (a) CONTRACTS AND AGREEMENTS.—The Director of

15 the Institute, pursuant to the direction of, and in consulta16 tion with, the Board of Directors, is authorized to enter

17 into contracts, memoranda of understanding and agree18 ments with—

19 (1) tribally controlled community colleges as de20 fined by section 2(a)(4) of the Tribally Controlled

21 Community College Assistance Act of 1978; and

22 (2) the United Tribes Technical College, South23 west Indian Polytechnic Institute, Haskell Indian

24 Junior College, and Crownpoint Institute of Tech25 nology; and
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1 (3) other research institutions which have experi2 ence in the conduct of research that has been success3 fully carried out in cooperation with American Indi4 ans;

5 for the purpose of conducting research, developing issue

6 papers, or to assist the Institute in carrying out its respon7 sibilities under this Act.

8 (b) PREFERENCES.—In the award of contracts for re9 search, the Director may give preference to institutions or

10 individuals that have successfully conducted research in co11 operation with American Indian tribal governments and

12 organizations.

13 SEC. 14. REPORTS.

14 (a) ANNUAL REPORT.—The Director of the Institute

15 shall submit an annual report to the chairman of the Sen16 ate Committee on Indian Affairs, the chairman of the

17 Committee on Natural Resources of the House of Rep18 resentatives, and to the Board concerning the activities

19 and status of the Institute during the 12-month period

20 preceding the date of the report. Such report shall include,

21 among other matters, a comprehensive summary of stud22 ies performed and activities carried out, a detailed state23 ment of private and public funds, gifts, and other items

24 of a monetary value received by the Institute during such

25 12-month period, and the disposition thereof, as well as
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1 any recommendations for improving the Institute. Such

2 report shall also be provided to all tribal governments.

3 (b) BUDGET PROPOSAL.—(1) The Board shall sub4 mit a budget proposal for the Institute for fiscal year

5 1994, and each fiscal year thereafter, to the Secretary of

6 Health and Human Services. The Secretary of Health and

7 Human Services shall transmit such budget proposal, to8 gether with the budget proposal of the Department of

9 Health and Human Services, to the President of the

10 United States. The budget proposal of the Institute shall

11 be included in the annual budget of the President of the

12 United States.

13 (2) In determining the amount of funds to be appro14 priated for any fiscal year to the Institute on the basis

15 of the budget of the Institute for that fiscal year, the Con16 gress shall not consider the amount of private fundraising

17 or bequests made on behalf of the Institute during any

18 preceding fiscal year.

19 SEC. 15. COMPLIANCE WITH FEDERAL LAWS.

20 For the purpose of administering the Federal crimi21 nal laws relating to larceny, embezzlement, or conversion

22 of property or funds, the Institute shall be considered to

23 be a Federal entity and subject to such laws.
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1 SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated for fiscal

3 year 1994, $1,000,000, and for fiscal years 1995 and

4 1996 such sums as may be necessary, to carry out the

5 provisions of this Act. Funds appropriated pursuant to the

6 authorizations under this section shall remain available

7 without fiscal year limitation.

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