I

105TH CONGRESS

2D SESSION H. R. 4830

To provide support for certain institutes and schools.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 14, 1998

Mr. DUNCAN introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To provide support for certain institutes and schools.

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

3 TITLE I—OREGON INSTITUTE OF

4 PUBLIC SERVICE AND CON5 STITUTIONAL STUDIES

6 SEC. 101. DEFINITIONS.

7 In this title:

8 (1) ENDOWMENT FUND.—The term ‘‘endow9 ment fund’’ means a fund established by Portland

10 State University for the purpose of generating in11 come for the support of the Institute.
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1 (2) INSTITUTE.—The term ‘‘Institute’’ means

2 the Oregon Institute of Public Service and Constitu3 tional Studies established under this title.

4 (3) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Education.

6 SEC. 102. OREGON INSTITUTE OF PUBLIC SERVICE AND

7 CONSTITUTIONAL STUDIES.

8 From the funds appropriated under section 106, the

9 Secretary is authorized to award a grant to Portland State

10 University at Portland, Oregon, for the establishment of

11 an endowment fund to support the Oregon Institute of

12 Public Service and Constitutional Studies at the Mark O.

13 Hatfield School of Government at Portland State Univer14 sity.

15 SEC. 103. DUTIES.

16 In order to receive a grant under this title the Port17 land State University shall establish the Institute. The In18 stitute shall have the following duties:

19 (1) To generate resources, improve teaching,

20 enhance curriculum development, and further the

21 knowledge and understanding of students of all ages

22 about public service, the United States Government,

23 and the Constitution of the United States of Amer24 ica.
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1 (2) To increase the awareness of the impor2 tance of public service, to foster among the youth of

3 the United States greater recognition of the role of

4 public service in the development of the United

5 States, and to promote public service as a career

6 choice.

7 (3) To establish a Mark O. Hatfield Fellows

8 program for students of government, public policy,

9 public health, education, or law who have dem10 onstrated a commitment to public service through

11 volunteer activities, research projects, or employ12 ment.

13 (4) To create library and research facilities for

14 the collection and compilation of research materials

15 for use in carrying out programs of the Institute.

16 (5) To support the professional development of

17 elected officials at all levels of government.

18 SEC. 104. ADMINISTRATION.

19 (a) LEADERSHIP COUNCIL.—

20 (1) IN GENERAL.—In order to receive a grant

21 under this title Portland State University shall en22 sure that the Institute operates under the direction

23 of a Leadership Council (in this title referred to as

24 the ‘‘Leadership Council’’) that—
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1 ‘‘(A) consists of 15 individuals appointed

2 by the President of Portland State University;

3 and

4 ‘‘(B) is established in accordance with this

5 section.

6 (2) APPOINTMENTS.—Of the individuals ap7 pointed under paragraph (1)(A)—

8 (A) Portland State University, Willamette

9 University, the Constitution Project, George

10 Fox University, Warner Pacific University, and

11 Oregon Health Sciences University shall each

12 have a representative;

13 (B) at least 1 shall represent Mark O.

14 Hatfield, his family, or a designee thereof;

15 (C) at least 1 shall have expertise in ele16 mentary and secondary school social sciences or

17 governmental studies;

18 (D) at least 2 shall be representative of

19 business or government and reside outside of

20 Oregon;

21 (E) at least 1 shall be an elected official;

22 and

23 (F) at least 3 shall be leaders in the pri24 vate sector.
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1 (3) EX-OFFICIO MEMBER.—The Director of the

2 Mark O. Hatfield School of Government at Portland

3 State University shall serve as an ex-officio member

4 of the Leadership Council.

5 (b) CHAIRPERSON.—

6 (1) IN GENERAL.—The President of Portland

7 State University shall designate 1 of the individuals

8 first appointed to the Leadership Council under sub9 section (a) as the Chairperson of the Leadership

10 Council. The individual so designated shall serve as

11 Chairperson for 1 year.

12 (2) REQUIREMENT.—Upon the expiration of the

13 term of the Chairperson of the individual designated

14 as Chairperson under paragraph (1), or the term of

15 the Chairperson elected under this paragraph, the

16 members of the Leadership Council shall elect a

17 Chairperson of the Leadership Council from among

18 the members of the Leadership Council.

19 SEC. 105. ENDOWMENT FUND.

20 (a) MANAGEMENT.—The endowment fund shall be

21 managed in accordance with the standard endowment poli22 cies established by the Oregon University System.

23 (b) USE OF INTEREST AND INVESTMENT INCOME.—

24 Interest and other investment income earned (on or after

25 the date of enactment of this subsection) from the endow-
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1 ment fund may be used to carry out the duties of the Insti2 tute under section 103.

3 (c) DISTRIBUTION OF INTEREST AND INVESTMENT

4 INCOME.—Funds realized from interest and other invest5 ment income earned (on or after the date of enactment

6 of this subsection) shall be spent by Portland State Uni7 versity in collaboration with Willamette University, George

8 Fox University, the Constitution Project, Warner Pacific

9 University, Oregon Health Sciences University, and other

10 appropriate educational institutions or community-based

11 organizations. In expending such funds, the Leadership

12 Council shall encourage programs to establish partner13 ships, to leverage private funds, and to match expendi14 tures from the endowment fund.

15 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

16 There is authorized to be appropriated to carry out

17 this title $3,000,000 for fiscal year 1999.

18 TITLE II—PAUL SIMON PUBLIC

19 POLICY INSTITUTE

20 SEC. 201. DEFINITIONS.

21 In this title:

22 (1) ENDOWMENT FUND.—The term ‘‘endow23 ment fund’’ means a fund established by the Univer24 sity for the purpose of generating income for the

25 support of the Institute.
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1 (2) ENDOWMENT FUND CORPUS.—The term

2 ‘‘endowment fund corpus’’ means an amount equal

3 to the grant or grants awarded under this title plus

4 an amount equal to the matching funds required

5 under section 202(d).

6 (3) ENDOWMENT FUND INCOME.—The term

7 ‘‘endowment fund income’’ means an amount equal

8 to the total value of the endowment fund minus the

9 endowment fund corpus.

10 (4) INSTITUTE.—The term ‘‘Institute’’ means

11 the Paul Simon Public Policy Institute described in

12 section 202.

13 (5) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of Education.

15 (6) UNIVERSITY.—The term ‘‘University’’

16 means Southern Illinois University at Carbondale,

17 Illinois.

18 SEC. 202. PROGRAM AUTHORIZED.

19 (a) GRANTS.—From the funds appropriated under

20 section 206, the Secretary is authorized to award a grant

21 to Southern Illinois University for the establishment of an

22 endowment fund to support the Paul Simon Public Policy

23 Institute. The Secretary may enter into agreements with

24 the University and include in any agreement made pursu-
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1 ant to this title such provisions as are determined nec2 essary by the Secretary to carry out this title.

3 (b) DUTIES.—In order to receive a grant under this

4 title, the University shall establish the Institute. The Insti5 tute, in addition to recognizing more than 40 years of pub6 lic service to Illinois, to the Nation, and to the world, shall

7 engage in research, analysis, debate, and policy rec8 ommendations affecting world hunger, mass media, for9 eign policy, education, and employment.

10 (c) DEPOSIT INTO ENDOWMENT FUND.—The Uni11 versity shall deposit the proceeds of any grant received

12 under this section into the endowment fund.

13 (d) MATCHING FUNDS REQUIREMENT.—The Univer14 sity may receive a grant under this section only if the Uni15 versity has deposited in the endowment fund established

16 under this title an amount equal to one-third of such grant

17 and has provided adequate assurances to the Secretary

18 that the University will administer the endowment fund

19 in accordance with the requirements of this title. The

20 source of the funds for the University match shall be de21 rived from State, private foundation, corporate, or individ22 ual gifts or bequests, but may not include Federal funds

23 or funds derived from any other federally supported fund.

24 (e) DURATION; CORPUS RULE.—The period of any

25 grant awarded under this section shall not exceed 20
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1 years, and during such period the University shall not

2 withdraw or expend any of the endowment fund corpus.

3 Upon expiration of the grant period, the University may

4 use the endowment fund corpus, plus any endowment fund

5 income for any educational purpose of the University.

6 SEC. 203. INVESTMENTS.

7 (a) IN GENERAL.—The University shall invest the

8 endowment fund corpus and endowment fund income in

9 those low-risk instruments and securities in which a regu10 lated insurance company may invest under the laws of the

11 State of Illinois, such as federally insured bank savings

12 accounts or comparable interest bearing accounts, certifi13 cates of deposit, money market funds, or obligations of

14 the United States.

15 (b) JUDGMENT AND CARE.—The University, in in16 vesting the endowment fund corpus and endowment fund

17 income, shall exercise the judgment and care, under cir18 cumstances then prevailing, which a person of prudence,

19 discretion, and intelligence would exercise in the manage20 ment of the person’s own business affairs.

21 SEC. 204. WITHDRAWALS AND EXPENDITURES.

22 (a) IN GENERAL.—The University may withdraw and

23 expend the endowment fund income to defray any ex24 penses necessary to the operation of the Institute, includ25 ing expenses of operations and maintenance, administra-
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1 tion, academic and support personnel, construction and

2 renovation, community and student services programs,

3 technical assistance, and research. No endowment fund in4 come or endowment fund corpus may be used for any type

5 of support of the executive officers of the University or

6 for any commercial enterprise or endeavor. Except as pro7 vided in subsection (b), the University shall not, in the

8 aggregate, withdraw or expend more than 50 percent of

9 the total aggregate endowment fund income earned prior

10 to the time of withdrawal or expenditure.

11 (b) SPECIAL RULE.—The Secretary is authorized to

12 permit the University to withdraw or expend more than

13 50 percent of the total aggregate endowment fund income

14 whenever the University demonstrates such withdrawal or

15 expenditure is necessary because of—

16 (1) a financial emergency, such as a pending in17 solvency or temporary liquidity problem;

18 (2) a life-threatening situation occasioned by a

19 natural disaster or arson; or

20 (3) another unusual occurrence or exigent cir21 cumstance.

22 (c) REPAYMENT.—

23 (1) INCOME.—If the University withdraws or

24 expends more than the endowment fund income au25 thorized by this section, the University shall repay
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1 the Secretary an amount equal to one-third of the

2 amount improperly expended (representing the Fed3 eral share thereof).

4 (2) CORPUS.—Except as provided in section

5 202(e)—

6 (A) the University shall not withdraw or

7 expend any endowment fund corpus; and

8 (B) if the University withdraws or expends

9 any endowment fund corpus, the University

10 shall repay the Secretary an amount equal to

11 one-third of the amount withdrawn or expended

12 (representing the Federal share thereof) plus

13 any endowment fund income earned thereon.

14 SEC. 205. ENFORCEMENT.

15 (a) IN GENERAL.—After notice and an opportunity

16 for a hearing, the Secretary is authorized to terminate a

17 grant and recover any grant funds awarded under this sec18 tion if the University—

19 (1) withdraws or expends any endowment fund

20 corpus, or any endowment fund income in excess of

21 the amount authorized by section 204, except as

22 provided in section 202(e);

23 (2) fails to invest the endowment fund corpus

24 or endowment fund income in accordance with the

25 investment requirements described in section 203; or
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1 (3) fails to account properly to the Secretary,

2 or the General Accounting Office if properly des3 ignated by the Secretary to conduct an audit of

4 funds made available under this title, pursuant to

5 such rules and regulations as may be proscribed by

6 the Comptroller General of the United States, con7 cerning investments and expenditures of the endow8 ment fund corpus or endowment fund income.

9 (b) TERMINATION.—If the Secretary terminates a

10 grant under subsection (a), the University shall return to

11 the Treasury of the United States an amount equal to the

12 sum of the original grant or grants under this title, plus

13 any endowment fund income earned thereon. The Sec14 retary may direct the University to take such other appro15 priate measures to remedy any violation of this title and

16 to protect the financial interest of the United States.

17 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

18 There is authorized to be appropriated to carry out

19 this title $3,000,000 for fiscal year 1999. Funds appro20 priated under this section shall remain available until ex21 pended.

22 TITLE III—HOWARD BAKER

23 SCHOOL OF GOVERNMENT

24 SEC. 301. DEFINITIONS.

25 In this title:
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1 (1) BOARD.—The term ‘‘Board’’ means the

2 Board of Advisors established under section 304.

3 (2) ENDOWMENT FUND.—The term ‘‘endow4 ment fund’’ means a fund established by the Univer5 sity of Tennessee in Knoxville, Tennessee, for the

6 purpose of generating income for the support of the

7 School.

8 (3) SCHOOL.—The term ‘‘School’’ means the

9 Howard Baker School of Government established

10 under this title.

11 (4) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of Education.

13 (5) UNIVERSITY.—The term ‘‘University’’

14 means the University of Tennessee in Knoxville,

15 Tennessee.

16 SEC. 302. HOWARD BAKER SCHOOL OF GOVERNMENT.

17 From the funds authorized to be appropriated under

18 section 306, the Secretary is authorized to award a grant

19 to the University for the establishment of an endowment

20 fund to support the Howard Baker School of Government

21 at the University of Tennessee in Knoxville, Tennessee.

22 SEC. 303. DUTIES.

23 In order to receive a grant under this title, the Uni24 versity shall establish the School. The School shall have

25 the following duties:
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1 (1) To establish a professorship to improve

2 teaching and research related to, enhance the cur3 riculum of, and further the knowledge and under4 standing of, the study of democratic institutions, in5 cluding aspects of regional planning, public adminis6 tration, and public policy.

7 (2) To establish a lecture series to increase the

8 knowledge and awareness of the major public issues

9 of the day in order to enhance informed citizen par10 ticipation in public affairs.

11 (3) To establish a fellowship program for stu12 dents of government, planning, public administra13 tion, or public policy who have demonstrated a com14 mitment and an interest in pursuing a career in

15 public affairs.

16 (4) To provide appropriate library materials

17 and appropriate research and instructional equip18 ment for use in carrying out academic and public

19 service programs, and to enhance the existing

20 United States Presidential and public official manu21 script collections.

22 (5) To support the professional development of

23 elected officials at all levels of government.

24 SEC. 304. ADMINISTRATION.

25 (a) BOARD OF ADVISORS.—
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1 (1) IN GENERAL.—The School shall operate

2 with the advice and guidance of a Board of Advisors

3 consisting of 13 individuals appointed by the Vice

4 Chancellor for Academic Affairs of the University.

5 (2) APPOINTMENTS.—Of the individuals ap6 pointed under paragraph (1)—

7 (A) 5 shall represent the University;

8 (B) 2 shall represent Howard Baker, his

9 family, or a designee thereof;

10 (C) 5 shall be representative of business or

11 government; and

12 (D) 1 shall be the Governor of Tennessee,

13 or the Governor’s designee.

14 (3) EX OFFICIO MEMBERS.—The Vice Chan15 cellor for Academic Affairs and the Dean of the Col16 lege of Arts and Sciences at the University shall

17 serve as an ex officio member of the Board.

18 (b) CHAIRPERSON.—

19 (1) IN GENERAL.—The Chancellor, with the

20 concurrence of the Vice Chancellor for Academic Af21 fairs, of the University shall designate 1 of the indi22 viduals first appointed to the Board under sub23 section (a) as the Chairperson of the Board. The in24 dividual so designated shall serve as Chairperson for

25 1 year.
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1 (2) REQUIREMENTS.—Upon the expiration of

2 the term of the Chairperson of the individual des3 ignated as Chairperson under paragraph (1) or the

4 term of the Chairperson elected under this para5 graph, the members of the Board shall elect a Chair6 person of the Board from among the members of the

7 Board.

8 SEC. 305. ENDOWMENT FUND.

9 (a) MANAGEMENT.—The endowment fund shall be

10 managed in accordance with the standard endowment poli11 cies established by the University of Tennessee System.

12 (b) USE OF INTEREST AND INVESTMENT INCOME.—

13 Interest and other investment income earned (on or after

14 the date of enactment of this subsection) from the endow15 ment fund may be used to carry out the duties of the

16 School under section 303.

17 (c) DISTRIBUTION OF INTEREST AND INVESTMENT

18 INCOME.—Funds realized from interest and other invest19 ment income earned (on or after the date of enactment

20 of this subsection) shall be available for expenditure by

21 the University for purposes consistent with section 303,

22 as recommended by the Board. The Board shall encourage

23 programs to establish partnerships, to leverage private

24 funds, and to match expenditures from the endowment

25 fund.
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1 SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated to carry out

3 this title $10,000,000 for fiscal year 2000.

4 TITLE IV—JOHN GLENN INSTI5 TUTE FOR PUBLIC SERVICE

6 AND PUBLIC POLICY

7 SEC. 401. DEFINITIONS.

8 In this title:

9 (1) ENDOWMENT FUND.—The term ‘‘endow10 ment fund’’ means a fund established by the Univer11 sity for the purpose of generating income for the

12 support of the Institute.

13 (2) ENDOWMENT FUND CORPUS.—The term

14 ‘‘endowment fund corpus’’ means an amount equal

15 to the grant or grants awarded under this title plus

16 an amount equal to the matching funds required

17 under section 402(d).

18 (3) ENDOWMENT FUND INCOME.—The term

19 ‘‘endowment fund income’’ means an amount equal

20 to the total value of the endowment fund minus the

21 endowment fund corpus.

22 (4) INSTITUTE.—The term ‘‘Institute’’ means

23 the John Glenn Institute for Public Service and

24 Public Policy described in section 402.

25 (5) SECRETARY.—The term ‘‘Secretary’’ means

26 the Secretary of Education.
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1 (6) UNIVERSITY.—The term ‘‘University’’

2 means the Ohio State University at Columbus, Ohio.

3 SEC. 402. PROGRAM AUTHORIZED.

4 (a) GRANTS.—From the funds appropriated under

5 section 406, the Secretary is authorized to award a grant

6 to the Ohio State University for the establishment of an

7 endowment fund to support the John Glenn Institute for

8 Public Service and Public Policy. The Secretary may enter

9 into agreements with the University and include in any

10 agreement made pursuant to this title such provisions as

11 are determined necessary by the Secretary to carry out

12 this title.

13 (b) PURPOSES.—The Institute shall have the follow14 ing purposes:

15 (1) To sponsor classes, internships, community

16 service activities, and research projects to stimulate

17 student participation in public service, in order to

18 foster America’s next generation of leaders.

19 (2) To conduct scholarly research in conjunc20 tion with public officials on significant issues facing

21 society and to share the results of such research

22 with decisionmakers and legislators as the decision23 makers and legislators address such issues.

24 (3) To offer opportunities to attend seminars

25 on such topics as budgeting and finance, ethics, per-
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1 sonnel management, policy evaluations, and regu2 latory issues that are designed to assist public offi3 cials in learning more about the political process and

4 to expand the organizational skills and policy-mak5 ing abilities of such officials.

6 (4) To educate the general public by sponsoring

7 national conferences, seminars, publications, and fo8 rums on important public issues.

9 (5) To provide access to Senator John Glenn’s

10 extensive collection of papers, policy decisions, and

11 memorabilia, enabling scholars at all levels to study

12 the Senator’s work.

13 (c) DEPOSIT INTO ENDOWMENT FUND.—The Uni14 versity shall deposit the proceeds of any grant received

15 under this section into the endowment fund.

16 (d) MATCHING FUNDS REQUIREMENT.—The Univer17 sity may receive a grant under this section only if the Uni18 versity has deposited in the endowment fund established

19 under this title an amount equal to one-third of such grant

20 and has provided adequate assurances to the Secretary

21 that the University will administer the endowment fund

22 in accordance with the requirements of this title. The

23 source of the funds for the University match shall be de24 rived from State, private foundation, corporate, or individ-
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1 ual gifts or bequests, but may not include Federal funds

2 or funds derived from any other federally supported fund.

3 (e) DURATION; CORPUS RULE.—The period of any

4 grant awarded under this section shall not exceed 20

5 years, and during such period the University shall not

6 withdraw or expend any of the endowment fund corpus.

7 Upon expiration of the grant period, the University may

8 use the endowment fund corpus, plus any endowment fund

9 income for any educational purpose of the University.

10 SEC. 403. INVESTMENTS.

11 (a) IN GENERAL.—The University shall invest the

12 endowment fund corpus and endowment fund income in

13 accordance with the University’s investment policy ap14 proved by the Ohio State University Board of Trustees.

15 (b) JUDGMENT AND CARE.—The University, in in16 vesting the endowment fund corpus and endowment fund

17 income, shall exercise the judgment and care, under cir18 cumstances then prevailing, which a person of prudence,

19 discretion, and intelligence would exercise in the manage20 ment of the person’s own business affairs.

21 SEC. 404. WITHDRAWALS AND EXPENDITURES.

22 (a) IN GENERAL.—The University may withdraw and

23 expend the endowment fund income to defray any ex24 penses necessary to the operation of the Institute, includ25 ing expenses of operations and maintenance, administra-
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1 tion, academic and support personnel, construction and

2 renovation, community and student services programs,

3 technical assistance, and research. No endowment fund in4 come or endowment fund corpus may be used for any type

5 of support of the executive officers of the University or

6 for any commercial enterprise or endeavor. Except as pro7 vided in subsection (b), the University shall not, in the

8 aggregate, withdraw or expend more than 50 percent of

9 the total aggregate endowment fund income earned prior

10 to the time of withdrawal or expenditure.

11 (b) SPECIAL RULE.—The Secretary is authorized to

12 permit the University to withdraw or expend more than

13 50 percent of the total aggregate endowment fund income

14 whenever the University demonstrates such withdrawal or

15 expenditure is necessary because of—

16 (1) a financial emergency, such as a pending in17 solvency or temporary liquidity problem;

18 (2) a life-threatening situation occasioned by a

19 natural disaster or arson; or

20 (3) another unusual occurrence or exigent cir21 cumstance.

22 (c) REPAYMENT.—

23 (1) INCOME.—If the University withdraws or

24 expends more than the endowment fund income au25 thorized by this section, the University shall repay
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1 the Secretary an amount equal to one-third of the

2 amount improperly expended (representing the Fed3 eral share thereof).

4 (2) CORPUS.—Except as provided in section

5 402(e)—

6 (A) the University shall not withdraw or

7 expend any endowment fund corpus; and

8 (B) if the University withdraws or expends

9 any endowment fund corpus, the University

10 shall repay the Secretary an amount equal to

11 one-third of the amount withdrawn or expended

12 (representing the Federal share thereof) plus

13 any endowment fund income earned thereon.

14 SEC. 405. ENFORCEMENT.

15 (a) IN GENERAL.—After notice and an opportunity

16 for a hearing, the Secretary is authorized to terminate a

17 grant and recover any grant funds awarded under this sec18 tion if the University—

19 (1) withdraws or expends any endowment fund

20 corpus, or any endowment fund income in excess of

21 the amount authorized by section 404, except as

22 provided in section 402(e);

23 (2) fails to invest the endowment fund corpus

24 or endowment fund income in accordance with the

25 investment requirements described in section 403; or
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1 (3) fails to account properly to the Secretary,

2 or the General Accounting Office if properly des3 ignated by the Secretary to conduct an audit of

4 funds made available under this title, pursuant to

5 such rules and regulations as may be prescribed by

6 the Comptroller General of the United States, con7 cerning investments and expenditures of the endow8 ment fund corpus or endowment fund income.

9 (b) TERMINATION.—If the Secretary terminates a

10 grant under subsection (a), the University shall return to

11 the Treasury of the United States an amount equal to the

12 sum of the original grant or grants under this title, plus

13 any endowment fund income earned thereon. The Sec14 retary may direct the University to take such other appro15 priate measures to remedy any violation of this title and

16 to protect the financial interest of the United States.

17 SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

18 There is authorized to be appropriated to carry out

19 this title $6,000,000 for fiscal year 2000. Funds appro20 priated under this section shall remain available until ex21 pended.

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