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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1121 Reported in Senate (RS)]

                                                       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

                                                       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.

    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 ``National Indian Research Institute 
Act''.

SEC. 2. FINDINGS.

    (a) Findings of Congress.--The Congress finds that:
            (1) The policy of the United States toward Indian and 
        Alaska Native tribes which has emerged over the course of 200 
        years of relationships is based upon the following fundamental 
        principles:
                    (A) Federal-Indian policy is premised upon the 
                government-to-government relationship between the 
                United States and Indian tribal governments;
                    (B) the United States has a trust responsibility to 
                protect, maintain, and manage Indian lands and related 
                natural resources, including water, fisheries, game and 
                game habitat, and to preserve permanent homelands for 
                native people within this Nation;
                    (C) tribal rights of self-government are recognized 
                under the United States Constitution and numerous 
                treaties, intergovernmental agreements, statutes and 
                Executive orders, and have been consistently upheld by 
                the highest courts of the United States;
                    (D) the goals of economic self-sufficiency and 
                improvement of the social well-being of tribal 
                communities, with the objective of achieving parity 
                with the general United States population as evidenced 
                by national averages for health care, per capita income 
                and rates of employment and educational achievement, 
                are recognized as the basis of numerous Federal 
                statutes and administrative policies;
                    (E) the unique cultural heritage of tribal people 
                in the United States, including maintenance of native 
                language proficiency, the practice of traditional 
                ceremonies, and religious and artistic expression, is 
                recognized in numerous Acts of Congress as an 
                irreplaceable national heritage to be supported and 
                protected; and
                    (F) for nearly two decades, the United States has 
                consistently endorsed and advanced the principle of 
                Indian self-determination, with the objective of ending 
                Federal domination of programs affecting Indians and 
                ensuring that tribal governments are empowered to plan, 
                conduct, and administer such programs themselves.
            (2) Despite broad agreement on the underlying principles of 
        United States Indian policy, laws enacted by the Congress and 
        regulations adopted by Federal agencies do not invariably 
        reflect such principles owing to the large number of executive 
        branch agencies and the large number of congressional 
        committees determining policy and owing to the absence of an 
        institutional resource from which agencies and congressional 
        committees might obtain objective and reliable data, 
        information, and analyses based upon the fullest knowledge of 
        the underlying policy principles.
            (3) Performance of its trust responsibility to American 
        Indians consistent with the highest fiduciary standards 
        requires the United States to assure that accurate and reliable 
        information and scholarly analyses are available to 
        institutions shaping public policy.
            (4) Federal Indian policy impacts the lives and property of 
        all American citizens, Indian and non-Indian, living on or near 
        reservations throughout Indian country.
            (5) Establishment of an independent, nonpartisan, institute 
        to provide data, information, and analyses related to Indian 
        issues would assist institutions in shaping sound and 
        consistent public policy and its establishment is warranted.
            (6) The establishment of an institute is not intended, nor 
        should it be construed as, a delegation of the responsibilities 
        of the United States in formulating and adopting public policy.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Indian'' means any person who is a member of 
        an Indian tribe.
            (2) The term ``Indian tribe'' means any tribe, band, 
        nation, or other organized group or community of Indians 
        including any Alaska Native village which is recognized by the 
        United States as eligible for special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            (3) The term ``Institute'' means the National Indian 
        Research Institute established by this Act.
            (4) The term ``Board'' means the Board of Directors of the 
        Institute.
            (5) The term ``president'' means the president of the 
        George Washington University located in Washington, District of 
        Columbia.

SEC. 4. ESTABLISHMENT OF INSTITUTE.

    (a) In General.--There is established a federally chartered 
corporation to be known as the ``National Indian Research Institute'' 
which shall be located in Washington, District of Columbia, and, with 
the consent of George Washington University, as indicated by the 
acceptance by it of the grant authorized under section 12 of this Act, 
within the George Washington University for purposes of administration 
and management. For purposes of policy and direction, the Institute 
shall be under the control of the Board of Directors established under 
section 7 of this Act.
    (b) Succession and Amendment of Charter.--The Federal corporation 
established by this Act shall have succession, subject to the review 
provided for in subsection (c), until dissolved by Act of Congress. The 
Congress shall have exclusive authority to revise or amend the 
provisions of this Act involving the establishment and operation of 
such corporation.
    (c) Review.--No later than 60 months after enactment of this Act, 
the Congress shall review the activities and performance of the 
Institute and of George Washington University in support of the 
Institute's purposes to determine whether amendments to this Act are 
required.

SEC. 5. FUNCTIONS.

    (a) Research and Analysis.--The Institute shall, at the request of 
institutions shaping policies affecting Indians or upon its own 
initiative, conduct or commission research and analysis to be carried 
out, in accordance with the highest standards of scholarship and 
independence, on issues related to the development of public policy 
affecting Indians. The Institute shall adopt criteria and procedures to 
guide the selection of research projects consistent with section 
7(f)(3). Priority consideration shall be given to policy initiatives 
proposed for consideration by the executive or legislative branches of 
the Federal Government. In conducting or commissioning research and 
analysis on issues relating to the development of public policy 
affecting Indians, the Institute shall ensure that such research shall 
consider all factors affecting Indian policy including the impact of 
such policy upon other Americans.
    (b) Data and Information Clearinghouse.--The Institute shall 
establish a data base to make accessible information and data 
maintained by Government agencies, academic institutions, and Indian 
and other organizations, and shall develop computer and 
telecommunication networks to make such information recoverable by 
policymakers and the public. Where it is determined that developing a 
new and specific data base is required, the Institute shall undertake 
to meet such need.
    (c) Forums and Symposia.--The Institute shall conduct periodic 
public forums to identify and explore emerging Indian policy issues and 
to identify needs for data, information, or analyses, and shall conduct 
symposia, when appropriate, to clarify options for policymakers and to 
advance an understanding of complex and interrelated public policy 
issues as they affect Indian people and the formulation of Indian 
policy.
    (d) Public Information.--(1) The Institute shall publish and make 
available to the executive and legislative branches of the Federal 
Government, tribal governments, tribal colleges, and the public, the 
products of its research and reports of other activities by 
disseminating information about such research and reports as deemed 
appropriate by the Board.
    (2) Nothing in paragraph (1) or any other provision of this Act 
shall be construed as prohibiting any Indian tribal government from 
imposing any condition, limitation, or other restriction on the use or 
dissemination of any information or other data made available by such 
tribal government to the Institute under this Act.

SEC. 6. GENERAL POWERS OF INSTITUTE.

    (a) Powers of Institute.--In carrying out the provisions of this 
Act, the Institute shall have the power, consistent with the provisions 
of this Act--
            (1) to adopt, use and alter a corporate seal;
            (2) to make, subject to the availability of funds, 
        agreements and contracts with persons, Indian tribal 
        governments, tribal organizations, and private or governmental 
        entities, and to make payments or advance payments under such 
        agreements or contracts without regard to the provisions of 
        section 3324 of title 31, United States Code;
            (3) to sue and be sued in its corporate name and to 
        complain and defend in any court of competent jurisdiction;
            (4) to represent itself, or to contract for representation, 
        in all judicial, legal, and other proceedings;
            (5) with the approval of the Federal agency concerned and 
        on a reimbursable basis, to make use of services, facilities, 
        and property of any board, commission, independent 
        establishment, or executive agency or department of the Federal 
        Government in carrying out the provisions of this Act, and to 
        pay for such use;
            (6) to solicit, accept, and dispose of gifts, bequests, 
        devises of money, securities, and other properties of whatever 
        character, for the benefit of the Institute;
            (7) to receive grants from, and subject to the availability 
        of funds, enter into contracts and other arrangements with 
        Federal, State, tribal, or local governments, public and 
        private agencies, organizations, institutions, and individuals;
            (8) to acquire, hold, maintain, use, operate, and dispose 
        of such real property, including improvements thereon, personal 
        property, equipment, and other items, as may be necessary to 
        enable the Institute to carry out the provisions of this Act;
            (9) to obtain insurance or make other provisions against 
        losses;
            (10) to use any funds or property received by the Institute 
        to carry out the purpose of this Act except that any funds 
        received by, or under the control of the Institute that are not 
        Federal funds shall be accounted for separately from Federal 
        funds; and
            (11) to exercise all other lawful powers necessarily or 
        reasonably related to the establishment of the Institute in 
        order to carry out the provisions of this Act and the exercise 
        of the powers, purposes, functions, duties, and authorized 
        activities of the Institute.

SEC. 7. BOARD OF DIRECTORS.

    (a) Composition.--
            (1) The Board of Directors of the Institute shall consist 
        of the following members:
                    (A) Seven individuals appointed within 12 months 
                following the date of enactment of this Act by the 
                President pro tempore of the Senate and 7 individuals 
                appointed within the same period by the Speaker of the 
                House of Representatives, who are representative of a 
                broad range of Indian policy expertise as evidenced by 
                established credentials in the different disciplines 
                which make up the diverse field of Indian policy, 
                including degrees from recognized academic 
                institutions, leadership in public policymaking 
                positions, or affiliation with public and private 
                institutions which are known for their significant 
                contributions to the public interest. The President pro 
                tempore shall appoint from a list of persons submitted 
                by the chairman of the Committee on Indian Affairs, and 
                the Speaker shall appoint from a list of persons 
                submitted by the chairman of the Committee on Natural 
                Resources of the House of Representatives.
                    (B) Two individuals appointed by the president of 
                George Washington University within 12 months following 
                the date of the enactment of this Act from among the 
                faculty, officers, or employees of George Washington 
                University. Members appointed pursuant to this 
                subparagraph shall serve at the pleasure of the 
                president.
                    (C) The president of George Washington University, 
                or his or her designee, and the Director of the 
                Institute, both of whom shall serve as ex officio 
                voting members of the Board.
            (2) In making appointments under subsection (a)(1)(A), the 
        appointing authorities shall--
                    (A) consult with Indian tribal governments and 
                tribal organizations;
                    (B) solicit nominations from Indian public policy 
                specialists, Indian tribal governments, tribal 
                colleges, other Indian organizations, academic 
                institutions and public officials with Indian policy 
                responsibilities; and
                    (C) ensure that a majority of appointments are 
                Indians who are broadly representative of Indian 
                country.
    (b) Interim Board.--The Planning Committee, appointed by the 
president of George Washington University to assist with the 
feasibility study for the establishment of a National Center for Native 
American Studies and Indian Policy Development, as authorized by 
section 11 of Public Law 101-301, and composed of those individuals 
serving at the time of enactment of this Act, shall serve as the 
interim Board until the appointments authorized in subsection (a)(1) 
have been made. Their service shall terminate on the date that all 
members authorized to be appointed under subparagraphs (A) and (B) of 
paragraph (1) of subsection (a) are appointed.
    (c) Terms of Office.--
            (1) Except as otherwise provided in this section, members 
        of the Board of Directors appointed pursuant to subsection 
        (a)(1)(A) shall be appointed for terms of office of 3 years.
            (2) Of the members first appointed under subsection 
        (a)(1)(A) of this section--
                    (A) 5 shall have a term of office of 12 months;
                    (B) 5 shall have a term of office of 24 months; and
                    (C) 4 shall have a term of office of 36 months.
            (3) The term of office assigned to each of the initial 
        members of the Board as provided under paragraph (2) shall be 
        determined by the appointing authorities at the time of 
        appointment, except that no member shall be eligible to serve 
        in excess of 2 consecutive terms, but may continue to serve 
        until such member's successor is appointed.
    (d) Vacancies.--Any member of the Board appointed under subsection 
(a) of this section to fill a vacancy occurring before the expiration 
of the term to which such member's predecessor was appointed shall be 
appointed for the remainder of such term.
    (e) Removal.--No member of the Board appointed pursuant to 
subsection (a)(1)(A) of this section may be removed during the term of 
office of such member except for just and sufficient cause. However, 
absence from 3 consecutive meetings shall be considered just and 
sufficient cause.
    (f) Powers of Board.--The Board is authorized and directed to--
            (1) formulate policy for the Institute and provide 
        direction for its management, in consultation with George 
        Washington University; -a-n-d
            (2) make such bylaws and rules as it deems necessary for 
        the administration of its functions under this Act, including 
        the organization and operating procedures of the -B-o-a-r-d-. 
        Board; and
            (3) establish a process for independent peer review of 
        research proposals submitted to the Institute based upon the 
        research competence of the applicant, the applicant's knowledge 
        of related research, the utility or relevance of the research, 
        and such other criteria as the Board may identify for specific 
        projects.
    (g) Officers and Executive Committee.--The Board shall select from 
among its members an executive committee to be comprised of a co-chair 
selected by the Board to serve with a co-chair designated by George 
Washington University, and a vice chair, secretary, treasurer, and one 
at-large member selected by the Board. In accordance with the bylaws of 
the Board, such members shall provide direction for the Board, and 
serve in lieu of the Board on matters requiring Board action, subject 
to review and action by the Board as the members of the Board may deem 
appropriate.
    (h) Committees.--The Board may establish such committees, task 
forces, and working groups as it deems appropriate and necessary.
    (i) Compensation.--Members of the Board appointed under subsection 
(a)(1)(A) shall, for each day they are engaged in the performance of 
their duties, receive compensation at the rate of $125 per day, 
including travel time. All members of the Board, while so serving away 
from their homes or regular place of business, shall be allowed travel 
expenses, including per diem in lieu of subsistence.

SEC. 8. RESOURCE ADVISORY COUNCIL.

    (a) Resource Advisory Council.--There is established the Resource 
Advisory Council to the National Indian Research Institute (hereafter 
referred to as the ``Council'') which shall provide assistance in the 
development and operations of the Institute.
    (b) Composition.--The membership of the Council is as follows:
            (1) Secretary of Health and Human Services;
            (2) Secretary of Interior;
            (3) Secretary of Education;
            (4) Secretary, Smithsonian Institution;
            (5) Secretary of Commerce;
            (6) Secretary of Labor;
            (7) Administrator of the Environmental Protection Agency;
            (8) Director, National Academy of Sciences;
            (9) Librarian of Congress;
            (10) Director, Office of Technology Assessment
            (11) Director, National Institutes of Health;
            (12) Chairman, Committee on Indian Affairs, United States 
        Senate; and
            (13) Chairman, Committee on Natural Resources, United 
        States House of Representatives.
    (c) Functions.--The Council, which is advisory only and exercises 
no executive authority--
            (1) shall make recommendations to the Board of Directors 
        regarding research procedures and organizational development;
            (2) shall provide professional and technical assistance 
        upon request of the Board of Directors, including staff support 
        for the activities of the Council;
            (3) when biannual meetings are called by the chairmen of 
        the Senate Committee on Indian Affairs and the Committee on 
        Natural Resources of the House of Representatives, shall attend 
        such meetings or shall designate an individual or individuals 
        to attend on behalf of the Council; and
            (4) may make reports and recommendations to the Board of 
        Directors and to the Congress as they may from time to time 
        request, or as the Council may consider necessary to more 
        effectively accomplish the purposes of this Act.

SEC. 9. OFFICERS AND EMPLOYEES.

    (a) Director.--The Board of Directors, with the concurrence of the 
president, shall appoint a Director of the Institute. The Director may 
only be removed from office by the Board in accordance with the bylaws 
of the Institute.
    (b) Responsibility of Director.--Subject to the direction of the 
Board, and the general supervision of the president, the Director shall 
have the responsibility for carrying out the policies and functions of 
the Institute, and shall have authority over all personnel and 
activities of the Institute.
    (c) Employees.--The Director, with the approval of the Board, shall 
have the authority to appoint and fix the compensation and duties of 
such officers and employees as may be necessary for the efficient 
administration of the Institute.
    (d) Preference.--In implementing this section, the Board and the 
Director shall afford preference to American Indians.

SEC. 10. NONPROFIT AND NONPOLITICAL NATURE OF INSTITUTE.

    (a) Not an Advocacy Organization.--The Institute shall not engage 
in the advocacy of public policy alternatives, represent itself as the 
voice of tribal governments, or take other actions that might be 
construed as interfering with or diminishing the government-to-
government relationship between tribal governments and the United 
States.
    (b) No Support to Political Parties.--The Institute may not 
contribute to, or otherwise support, any political party or candidate 
for elective public office.
    (c) Other.--No part of the income or assets of the Institute shall 
inure to the benefit of any director, officer, employee, or any other 
individual, except as salary or reasonable compensation for services.

SEC. 11. TAX STATUS OF INSTITUTE.

    The Institute and the franchise, capital, reserves, income and 
property of the Institute is exempt from all taxation imposed by the 
United States, by any Indian tribal government, or by any State or 
political subdivision thereof, or the District of Columbia.

SEC. 12. TRANSFER OF FUNCTIONS AND ADMINISTRATION BY THE GEORGE 
              WASHINGTON UNIVERSITY.

    (a) Transfer of Functions.--There are transferred to the Institute, 
and such Institute shall perform, the functions set forth under section 
11 of Public Law 101-301 relating to the National Center for Native 
American Studies and Indian Policy Development, and section 816(e) of 
the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).
    (b) Grant.--Subject to an appropriation by the Congress for this 
purpose, within 30 days following the date of the enactment of this 
Act, the Secretary of Health and Human Services shall award a grant to 
the George Washington University for all activities of the Institute 
and to enable the University to provide such management, technical and 
support assistance to the Institute as may be reasonable or necessary 
to operate the Institute, including audit, accounting, computer 
services and building and maintenance services. Subject to the 
availability of funds, the grant shall be automatically renewable, at 
the option of the University, on an annual basis until such time as 
Congress may provide otherwise. No offsets or matching requirements may 
be imposed.

SEC. 13. RELATIONSHIP WITH TRIBAL COLLEGES AND OTHER RESEARCH 
              ORGANIZATIONS.

    (a) Contracts and Agreements.--The Director of the Institute, 
pursuant to the direction of, and in consultation with, the Board of 
Directors, is authorized to enter into contracts, memoranda of 
understanding and agreements with--
            (1) tribally controlled community colleges as defined by 
        section 2(a)(4) of the Tribally Controlled Community College 
        Assistance Act of 1978; -a-n-d
            (2) the United Tribes Technical College, Southwest Indian 
        Polytechnic Institute, Haskell Indian Junior College, and 
        Crownpoint Institute of Technology; and
            (3) other research institutions which have experience in 
        the conduct of research that has been successfully carried out 
        in cooperation with American Indians;
for the purpose of conducting research, developing issue papers, or to 
assist the Institute in carrying out its responsibilities under this 
Act.
    (b) Preferences.--In the award of contracts for research, the 
Director may give preference to institutions or individuals that have 
successfully conducted research in cooperation with American Indian 
tribal governments and organizations.

SEC. 14. REPORTS.

    (a) Annual Report.--The Director of the Institute shall submit an 
annual report to the chairman of the Senate Committee on Indian 
Affairs, the chairman of the Committee on Natural Resources of the 
House of Representatives, and to the Board concerning the activities 
and status of the Institute during the 12-month period preceding the 
date of the report. Such report shall include, among other matters, a 
comprehensive summary of studies performed and activities carried out, 
a detailed statement of private and public funds, gifts, and other 
items of a monetary value received by the Institute during such 12-
month period, and the disposition thereof, as well as any 
recommendations for improving the Institute. Such report shall also be 
provided to all tribal governments.
    (b) Budget Proposal.--(1) The Board shall submit a budget proposal 
for the Institute for fiscal year 1994, and each fiscal year 
thereafter, to the Secretary of Health and Human Services. The 
Secretary of Health and Human Services shall transmit such budget 
proposal, together with the budget proposal of the Department of Health 
and Human Services, to the President of the United States. The budget 
proposal of the Institute shall be included in the annual budget of the 
President of the United States.
    (2) In determining the amount of funds to be appropriated for any 
fiscal year to the Institute on the basis of the budget of the 
Institute for that fiscal year, the Congress shall not consider the 
amount of private fundraising or bequests made on behalf of the 
Institute during any preceding fiscal year.

SEC. 15. COMPLIANCE WITH FEDERAL LAWS.

    For the purpose of administering the Federal criminal laws relating 
to larceny, embezzlement, or conversion of property or funds, the 
Institute shall be considered to be a Federal entity and subject to 
such laws.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 1994, 
$1,000,000, and for fiscal years 1995 and 1996 such sums as may be 
necessary, to carry out the provisions of this Act. Funds appropriated 
pursuant to the authorizations under this section shall remain 
available without fiscal year limitation.
S 1121 RS----2
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