I
106TH CONGRESS
1ST SESSION
H. R. 3080
To amend the Indian Self-Determination and Education Assistance Act to
direct the Secretary of the Interior to establish the American Indian
Education Foundation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 14, 1999
Mr. KILDEE (for himself, Mr. KENNEDY of Rhode Island, Mr. GEORGE MIL-
LER of California, Mr. UDALL of New Mexico, Mr. HAYWORTH, Mr. POM-
EROY, and Mr. KOLBE) introduced the following bill; which was referred
to the Committee on Education and the Workforce, and in addition to
the Committee on Resources, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend the Indian Self-Determination and Education As-
sistance Act to direct the Secretary of the Interior to
establish the American Indian Education Foundation,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Indian Edu-
cation Foundation Act of 1999’’.
SEC. 2. ESTABLISHMENT OF AMERICAN INDIAN EDU-
CATION FOUNDATION.
The Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) is amended by adding
at the end the following new title:
‘‘TITLE V—AMERICAN INDIAN
EDUCATION FOUNDATION
‘‘SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.
‘‘(a) IN GENERAL.—As soon as practicable after the
date of the enactment of this title, the Secretary of the
Interior shall establish, under the laws of the District of
Columbia and in accordance with this title, the American
Indian Education Foundation.
‘‘(b) PERPETUAL EXISTENCE.—Except as otherwise
provided, the Foundation shall have perpetual existence.
‘‘(c) NATURE OF CORPORATION.—The Foundation
shall be a charitable and nonprofit federally chartered cor-
poration and shall not be an agency or instrumentality of
the United States.
‘‘(d) PLACE OF INCORPORATION AND DOMICILE.—
The Foundation shall be incorporated and domiciled in the
District of Columbia.
‘‘(e) PURPOSES.—The purposes of the Foundation
shall be—
‘‘(1) to encourage, accept, and administer pri-
vate gifts of real and personal property or any in-
come therefrom or other interest therein for the ben-
efit of, or in support of, the mission of the Office of
Indian Education Programs of the Bureau of Indian
Affairs (or its successor office);
‘‘(2) to undertake and conduct such other ac-
tivities as will further the educational opportunities
of American Indians who attend a Bureau funded
school; and
‘‘(3) to participate with, and otherwise assist,
Federal, State, and tribal governments, agencies, en-
tities, and individuals in undertaking and conducting
activities that will further the educational opportuni-
ties of American Indians attending Bureau funded
schools.
‘‘(f) BOARD OF DIRECTORS.—
‘‘(1) The Board of Directors shall be the gov-
erning body of the Foundation. The Board may ex-
ercise, or provide for the exercise of, the powers of
the Foundation.
‘‘(2) The number of members of the Board, the
manner of their selection (including the filling of va-
cancies), and their terms of office shall be as pro-
vided in the constitution and bylaws of the Founda-
tion. However, the Board shall have at least 11
members, 2 of whom shall be the Secretary and the
Assistant Secretary of the Interior for Indian Af-
fairs, who shall serve as ex officio nonvoting mem-
bers, and the initial voting members of the Board
shall be appointed by the Secretary not later than 6
months after the date that the Foundation is estab-
lished and shall have staggered terms (as determined
by the Secretary).
‘‘(3) The members of the Board shall be United
States citizens who are knowledgeable or experienced
in American Indian education and shall, to the ex-
tent practicable, represent diverse points of view re-
lating to the education of American Indians.
‘‘(4) COMPENSATION.—Members of the Board
shall not receive compensation for their services as
members, but shall be reimbursed for actual and
necessary travel and subsistence expenses incurred
by them in the performance of the duties of the
Foundation.
‘‘(g) OFFICERS.—
‘‘(1) The officers of the Foundation shall be a
secretary, elected from among the members of the
Board, and any other officers provided for in the
constitution and bylaws of the Foundation.
‘‘(2) The secretary shall serve, at the direction
of the Board, as its chief operating officer and shall
be knowledgeable and experienced in matters relat-
ing to education in general and education of Amer-
ican Indians in particular.
‘‘(3) The manner of election, term of office, and
duties of the officers shall be as provided in the con-
stitution and bylaws of the Foundation.
‘‘(h) POWERS.—The Foundation—
‘‘(1) shall adopt a constitution and bylaws for
the management of its property and the regulation
of its affairs, which may be amended;
‘‘(2) may adopt and alter a corporate seal;
‘‘(3) may make contracts, subject to the limita-
tions of this Act;
‘‘(4) may acquire (through a gift or otherwise),
own, lease, encumber, and transfer real or personal
property as necessary or convenient to carry out the
purposes of the Foundation;
‘‘(5) may sue and be sued; and
‘‘(6) may perform any other act necessary and
proper to carry out the purposes of the Foundation.
‘‘(i) PRINCIPAL OFFICE.—The principal office of the
Foundation shall be in the District of Columbia. However,
the activities of the Foundation may be conducted, and
offices may be maintained, throughout the United States
in accordance with the constitution and bylaws of the
Foundation.
‘‘(j) SERVICE OF PROCESS.—The Foundation shall
comply with the law on service of process of each State
in which it is incorporated and of each State in which the
Foundation carries on activities.
‘‘(k) LIABILITY OF OFFICERS AND AGENTS.—The
Foundation shall be liable for the acts of its officers and
agents acting within the scope of their authority. Members
of the Board are personally liable only for gross negligence
in the performance of their duties.
‘‘(l) RESTRICTIONS.—
‘‘(1) LIMITATION
ON
SPENDING.—Beginning
with the fiscal year following the first full fiscal year
during which the Foundation is in operation, the ad-
ministrative costs of the Foundation may not exceed
10 percent of the sum of—
‘‘(A) the amounts transferred to the Foun-
dation under subsection (m) during the pre-
ceding fiscal year; and
‘‘(B) donations received from private
sources during the preceding fiscal year.
‘‘(2) APPOINTMENT
AND
HIRING.—The ap-
pointment of officers and employees of the Founda-
tion shall be subject to the availability of funds.
‘‘(3) STATUS.—Members of the Board, and the
officers, employees, and agents of the Foundation
are not, by reason of their association with the
Foundation, officers, employees, or agents of the
United States.
‘‘(m) TRANSFER OF DONATED FUNDS.—The Sec-
retary may transfer to the Foundation funds held by the
Department of the Interior under the Act of February 14,
1931 (25 U.S.C. 451), if the transfer or use of such funds
is not prohibited by any term under which the funds were
donated.
‘‘(n) AUDITS.—The Foundation shall comply with the
audit requirements set forth in section 10101 of title 36,
United States Code, as if it were a corporation in part
B of subtitle II of that title.
‘‘SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT.
‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Sub-
ject to subsection (b), during the 5-year period beginning
on the date that the Foundation is established, the
Secretary—
‘‘(1) may provide personnel, facilities, and other
administrative support services to the Foundation;
‘‘(2) may provide funds to reimburse the travel
expenses of the members of the Board under section
501; and
‘‘(3) shall require and accept reimbursements
from the Foundation for any—
‘‘(A) services provided under paragraph
(1); and
‘‘(B) funds provided under paragraph (2).
‘‘(b) REIMBURSEMENT.—Reimbursements accepted
under subsection (a)(3) shall be deposited in the Treasury
to the credit of the appropriations then current and
chargeable for the cost of providing services described in
subsection (a)(1) and the travel expenses described in sub-
section (a)(2).
‘‘(c) CONTINUATION OF CERTAIN SERVICES.—Not-
withstanding any other provision of this section, the Sec-
retary of the Interior may continue to provide facilities
and necessary support services to the Foundation after the
termination of the 5-year period specified in subsection
(a), on a space available, reimbursable cost basis.
‘‘SEC. 503. DEFINITIONS.
‘‘For the purposes of this title—
‘‘(1) the term ‘Bureau funded school’ has the
meaning given that term in title XI of the Education
Amendments of 1978;
‘‘(2) the term ‘Foundation’ means the Founda-
tion established by the Secretary pursuant to section
501; and
‘‘(3) the term ‘Secretary’ shall mean the Sec-
retary of the Interior.’’.
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