II 

109TH CONGRESS 

1ST SESSION S. 474 

To establish the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence 

in Tribal Governance Foundation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2005 

Mr. SMITH introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL

To establish the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation, 

and for other purposes.

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 ‘‘Mark O. Hatfield-Eliz5 abeth Furse Scholarship and Excellence in Tribal Govern6 ance Act of 2005’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 
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1 (1) Senator Mark O. Hatfield and Congress2 woman Elizabeth Furse served the United States 

3 with distinction and honor; 

4 (2) Senator Hatfield and Congresswoman Furse 

5 have had a lasting impact on the relationship be6 tween the United States and Native Americans; 

7 (3) Senator Hatfield and Congresswoman Furse 

8 have been champions of the rights of Native Ameri9 cans and Alaska Natives and worked in Congress to 

10 strengthen tribal self-governance; and 

11 (4) it is a fitting tribute to the leadership, cour12 age, and bipartisan spirit that Senator Mark O. 

13 Hatfield and Congresswoman Elizabeth Furse exem14 plify to establish in their names programs to encour15 age excellence in tribal government. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) BOARD.—The term ‘‘Board’’ means the 

19 Board of Trustees of the Foundation established 

20 under section 4(b). 

21 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

22 individual’’ means a citizen or national of the United 

23 States or a permanent resident alien of the United 

24 States. 
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1 (3) FOUNDATION.—The term ‘‘Foundation’’ 

2 means the Mark O. Hatfield-Elizabeth Furse Schol3 arship and Excellence in Tribal Governance Founda4 tion established by section 4(a). 

5 (4) FUND.—The term ‘‘Fund’’ means the Mark 

6 O. Hatfield-Elizabeth Furse Scholarship and Excel7 lence in Tribal Governance Fund established by sec8 tion 7. 

9 (5) INSTITUTE.—The term ‘‘Institute’’ means 

10 the Institute for Tribal Government at Portland 

11 State University. 

12 (6) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the 

14 meaning given the term in section 101(a) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

16 (7) STATE.—The term ‘‘State’’ means— 

17 (A) a State; 

18 (B) the District of Columbia; 

19 (C) American Samoa; 

20 (D) the Commonwealth of the Northern 

21 Mariana Islands; 

22 (E) Guam; 

23 (F) the Republic of the Marshall Islands; 

24 (G) the Federal States of Micronesia; 

25 (H) the Republic of Palau; 
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1 (I) the Commonwealth of Puerto Rico; and 

2 (J) the United States Virgin Islands. 

3 SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZA4 BETH FURSE SCHOLARSHIP AND EXCEL5 LENCE IN TRIBAL GOVERNANCE FOUNDA6 TION. 

7 (a) ESTABLISHMENT.—There is established as an 

8 independent entity in the Executive branch the Mark O. 

9 Hatfield-Elizabeth Furse Scholarship and Excellence in 

10 Tribal Governance Foundation. 

11 (b) BOARD OF TRUSTEES.— 

12 (1) IN GENERAL.—The Foundation shall be 

13 subject to the supervision and direction of a Board 

14 of Trustees. 

15 (2) MEMBERSHIP.—The Board shall be com16 prised of 12 trustees, of whom— 

17 (A) 2 trustees shall be individuals ap18 pointed by the President, by and with the ad19 vice and consent of the Senate, after consid20 ering recommendations of the Speaker of the 

21 House of Representatives, in consultation with 

22 the minority leader of the House of Representa23 tives; 

24 (B) 2 trustees shall be individuals ap25 pointed by the President, by and with the ad-
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1 vice and consent of the Senate, after consid2 ering recommendations of the President pro 

3 tempore of the Senate, in consultation with the 

4 majority and minority leaders of the Senate; 

5 (C) 5 trustees, not more than 3 trustees of 

6 whom shall be of the same political party, shall 

7 be individuals appointed by the President, by 

8 and with the advice and consent of the Senate, 

9 who have demonstrated leadership and interest 

10 in strengthening tribal self-governance, such as 

11 tribal leaders involved in health and public pol12 icy development affecting Native American and 

13 Alaska Native communities; 

14 (D) 1 trustee shall be the Secretary of the 

15 Interior; 

16 (E) 1 trustee shall be the Secretary of 

17 Education; and 

18 (F) 1 trustee shall be the president of 

19 Portland State University, who shall serve as a 

20 nonvoting member and shall not be eligible to 

21 serve as Chairperson. 

22 (c) TERM.— 

23 (1) IN GENERAL.—The term of a member of 

24 the Board shall be 6 years, except that— 
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1 (A) in the case of the trustees first taking 

2 office— 

3 (i) as designated by the President, 1 

4 trustee appointed under subsection 

5 (b)(2)(B) and 2 trustees appointed under 

6 subsection (b)(2)(C) shall serve 2 years; 

7 (ii) as designated by the President, 1 

8 trustee appointed under subsection 

9 (b)(2)(A) and 2 trustees appointed under 

10 subsection (b)(2)(C) shall serve 4 years; 

11 and 

12 (iii) as designated by the President, 1 

13 trustee appointed under subsection 

14 (b)(2)(A), 1 trustee appointed under sub15 section (b)(2)(B), and 1 trustee appointed 

16 under subsection (b)(2)(C) shall serve 6 

17 years; and 

18 (B) a trustee appointed to fill a vacancy 

19 shall— 

20 (i) serve for the remainder of the term 

21 for which the predecessor of the trustee 

22 was appointed; and 

23 (ii) be appointed in the same manner 

24 as the original appointment for that va25 cancy was made. 
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1 (d) TRAVEL AND SUBSISTENCE PAY.—A trustee 

2 shall serve without pay, but shall be entitled to reimburse3 ment for travel, subsistence, and other necessary expenses 

4 incurred in the performance of the duties of a member 

5 of the Board. 

6 (e) LOCATION OF FOUNDATION.—The Foundation 

7 shall be located in Portland, Oregon. 

8 (f) EXECUTIVE DIRECTOR.— 

9 (1) IN GENERAL.—There shall be an Executive 

10 Director of the Foundation, who shall be appointed 

11 by the Board. 

12 (2) DUTIES.—The Executive Director— 

13 (A) shall be the chief executive officer of 

14 the Foundation; and 

15 (B) shall carry out the functions of the 

16 Foundation, subject to the supervision and di17 rection of the Board, and such other functions 

18 consistent with this Act as the Board shall pre19 scribe. 

20 (3) COMPENSATION.—The Executive Director 

21 shall be compensated at the rate specified for an em22 ployee in level IV of the Executive Schedule under 

23 section 5315 of title 5, United States Code. 

24 SEC. 5. PURPOSES. 

25 The purposes of the Foundation shall be— 
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1 (1) to develop resources to properly train Na2 tive American and Alaska Native tribal council mem3 bers in self-government and related fields; 

4 (2) to foster among people in the United States 

5 greater recognition and understanding of the role of 

6 tribal self-government in the development of the 

7 United States; 

8 (3) to identify critical issues facing tribal gov9 ernments; 

10 (4) to establish a program for tribal governance 

11 research at the Institute; and 

12 (5) to provide educational outreach regarding 

13 tribal self-government. 

14 SEC. 6. AUTHORITY OF THE FOUNDATION. 

15 (a) IN GENERAL.—The Foundation, in consultation 

16 with the Institute, may identify and conduct such pro17 grams, activities, and services as the Foundation considers 

18 appropriate to carry out the purposes of the Foundation. 

19 (b) PROGRAMS, ACTIVITIES, AND SERVICES.—The 

20 Foundation may, in accordance with this section— 

21 (1) award scholarships, fellowships, internships, 

22 and grants; and 

23 (2) provide grants to the Institute to carry out 

24 and manage other programs, activities, and services. 
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1 (c) NATIONAL COMPETITION.—The Foundation may 

2 provide, directly or by contract, for the conduct of national 

3 competition for the purpose of selecting recipients of schol4 arships, fellowships, internships, and grants awarded 

5 under this Act. 

6 (d) AWARD OF SCHOLARSHIPS, FELLOWSHIPS, IN7 TERNSHIPS, AND GRANTS.— 

8 (1) IN GENERAL.—The Foundation may award 

9 scholarships, fellowships, internships, and grants to 

10 eligible individuals who meet the minimum criteria 

11 established by the Foundation, for study in fields re12 lating to tribal governance. 

13 (2) ELIZABETH FURSE SCHOLARS.—Recipients 

14 of scholarships, fellowships, internships, and grants 

15 under this Act shall be known as ‘‘Elizabeth Furse 

16 Scholars’’. 

17 (e) SCHOLARSHIPS.— 

18 (1) IN GENERAL.—The Foundation may award 

19 scholarships to outstanding— 

20 (A) undergraduate students who intend to 

21 pursue careers relating to tribal governance; 

22 and 

23 (B) Native American and Alaska Native 

24 undergraduate students who intend to pursue 

25 careers in tribal public policy. 
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1 (2) PAYMENTS.—An eligible individual awarded 

2 a scholarship under this Act may receive payments 

3 under this Act only during such periods as the 

4 Foundation determines that the eligible individual— 

5 (A) is maintaining satisfactory proficiency 

6 and devoting full time to study or research; and 

7 (B) is not engaging in gainful employment 

8 other than employment approved by the Foun9 dation under regulations of the Board. 

10 (3) REPORTS.— 

11 (A) IN GENERAL.—The Foundation may 

12 require reports containing such information, in 

13 such form, and to be filed at such times as the 

14 Foundation determines to be necessary from 

15 any eligible individual awarded a scholarship 

16 under this Act. 

17 (B) CERTIFICATE.—Except as otherwise 

18 provided under this subsection, a report under 

19 subparagraph (A) shall be accompanied by a 

20 certificate from an appropriate official at the 

21 institution of higher education, approved by the 

22 Foundation, stating that the individual is mak23 ing satisfactory progress in, and is devoting es24 sentially full time to, study or research. 
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1 (f) FELLOWSHIPS.—The Foundation may award fel2 lowships to— 

3 (1) outstanding graduate students who intend 

4 to pursue advanced degrees in fields relating to trib5 al governance; 

6 (2) outstanding Native American and Alaska 

7 Native graduate students who intend to pursue ad8 vanced degrees in tribal public policy, law, or medi9 cine; and 

10 (3) faculty from a variety of disciplines to bring 

11 the expertise of the faculty to the Foundation. 

12 (g) INTERNSHIPS.—The Foundation may award in13 ternships to deserving and qualified— 

14 (1) individuals, for use in participating in in15 ternships in Federal, State, and local agencies or in 

16 offices of major tribal governance organizations; and 

17 (2) Native American and Alaska Native individ18 uals, for use in participating in internships in Fed19 eral, State, and local agencies or in offices of major 

20 public health or public policy organizations. 

21 (h) GRANTS.—The Foundation shall award grants to 

22 the Institute— 

23 (1) to provide for an annual panel of experts to 

24 discuss contemporary tribal governance issues; 

25 (2) to conduct tribal governance policy research; 
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1 (3) to conduct research on Native American 

2 and Alaska Native tribal public policy issues; and 

3 (4) to invite visiting policymakers to share prac4 tical experiences with the Foundation. 

5 (i) COORDINATION.—The Foundation shall assist in 

6 the development and implementation of a program for 

7 tribal governance research to be located at the Institute. 

8 (j) PROGRAM PRIORITIES.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 the Foundation shall determine— 

11 (A) the priority of the programs to be car12 ried out under this Act; and 

13 (B) the amount of funds to be allocated for 

14 the programs. 

15 (2) REQUIREMENTS.—Of amounts made avail16 able to carry out this section— 

17 (A) not less than 50 percent shall be used 

18 for the programs described in subsections (e), 

19 (f), and (g); 

20 (B) not less than 20 percent shall be made 

21 available to the Institute to carry out sub22 sections (h) and (i), on the conditions that— 

23 (i) a 25-percent matching share is 

24 provided from other non-Federal sources; 

25 and 
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1 (ii) adequate space at the Institute is 

2 made available by the Institute for the Ex3 ecutive Director and other appropriate 

4 staff of the Foundation; and 

5 (C) not more than 15 percent shall be used 

6 for salaries and other administrative purposes. 

7 SEC. 7. ESTABLISHMENT OF MARK O. HATFIELD-ELIZA8 BETH FURSE SCHOLARSHIP AND EXCEL9 LENCE IN TRIBAL GOVERNANCE TRUST 

10 FUND. 

11 (a) ESTABLISHMENT OF FUND.—There is estab12 lished in the Treasury of the United States a trust fund 

13 to be known as the ‘‘Mark O. Hatfield-Elizabeth Furse 

14 Scholarship and Excellence in Tribal Governance Trust 

15 Fund’’, to be administered by the Foundation, consisting 

16 of amounts appropriated to the fund under section 10. 

17 (b) INVESTMENT OF FUND ASSETS.— 

18 (1) IN GENERAL.—The Secretary of the Treas19 ury shall invest in full, at the direction of the Board, 

20 the amounts appropriated to the Fund. 

21 (2) ELIGIBLE INVESTMENTS.—The investments 

22 shall be in public debt securities with maturities 

23 suitable for the needs of the Fund. 

24 (3) INTEREST.—Investments in public debt se25 curities shall bear interest at rates determined by 
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1 the Secretary of the Treasury, taking into consider2 ation the current average market yield on out3 standing marketable obligations of the United States 

4 of comparable maturity. 

5 SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. 

6 (a) IN GENERAL.—The Foundation shall pay from 

7 the interest and earnings of the Fund such amounts as 

8 the Board determines are appropriate to enable the Foun9 dation to carry out this Act. 

10 (b) AUDIT BY GOVERNMENT ACCOUNTABILITY OF11 FICE.— 

12 (1) IN GENERAL.—The activities of the Foun13 dation and the Institute under this Act may be au14 dited by the Government Accountability Office under 

15 such regulations as may be promulgated by the 

16 Comptroller General of the United States. 

17 (2) ACCESS.—Representatives of the Govern18 ment Accountability Office shall have access to all 

19 books, accounts, records, reports filed and all other 

20 papers, things, or property belonging to or in use by 

21 the Foundation and the Institute that pertain to fed22 erally-assisted activities and are necessary to facili23 tate the audit. 

24 SEC. 9. ADMINISTRATIVE PROVISIONS. 

25 To carry out this Act, the Foundation may— 
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1 (1) appoint, and fix the compensation of, such 

2 personnel as are necessary to carry out this Act, ex3 cept that in no case shall an employee other than 

4 the Executive Director be compensated at a rate 

5 that exceeds the maximum rate for employees in 

6 grade GS–15 of the General Schedule under section 

7 5332 of title 5, United States Code; 

8 (2) procure or fund the Institute to procure 

9 temporary and intermittent services of such experts 

10 and consultants as are necessary to the extent au11 thorized by section 3109 of title 5, United States 

12 Code, but at rates not to exceed the rate specified 

13 at the time of such service for level IV of the Execu14 tive Schedule under section 5315 of title 5, United 

15 States Code; 

16 (3) promulgate such regulations as the Founda17 tion considers to be necessary governing the manner 

18 in which the functions of the Foundation shall be 

19 carried out; 

20 (4) accept, hold, administer, and use gifts, both 

21 real and personal, for the purpose of aiding or facili22 tating the work of the Foundation; 

23 (5) accept and use the services of voluntary and 

24 noncompensated personnel and reimburse such per25 sonnel for travel expenses, including per diem ex-
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1 penses, as authorized by section 5703 of title 5, 

2 United States Code; 

3 (6) enter into contracts, grants, or other ar4 rangements or modifications of contracts, grants, or 

5 arrangements to carry out this Act, which contracts, 

6 grants, arrangements, and modifications may, with 

the concurrence of at least 2 7 ⁄3 of the members of the 

8 Board, be entered into without performance bond or 

9 other bond, and without regard to section 3709 of 

10 the Revised Statutes (41 U.S.C. 5); and 

11 (7) make other necessary expenditures. 

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated to the Fund 

14 $50,000,000.

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