‘‘(2) the term ‘Bureau funded school’ has the
meaning given that term in section 1146 of the Edu-
cation Amendments of 1978 (25 U.S.C. 2026).
‘‘§ 21602. Purposes
‘‘The purposes of the foundation are—
‘‘(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.
‘‘§ 21603. Governing body
‘‘(a) BOARD OF DIRECTORS.—
‘‘(1) The board of directors (hereinafter in this
chapter referred to as the ‘board’) is the governing
body of the foundation. The board may exercise, or
provide for the exercise of, the powers of the founda-
tion.
‘‘(2) The number of members of the board, the
manner of their selection (including the filling of va-
cancies), and their terms of office are as provided in
the constitution and bylaws of the foundation. How-
ever, the board shall have at least 11 members, 2 of
whom shall be the Secretary of the Interior and the
Assistant Secretary of the Interior for Indian Af-
fairs, who shall serve as ex officio nonvoting mem-
bers, and the initial members of the board shall be
appointed by the Secretary of the Interior pursuant
to section 3(a) of the American Indian Education
Foundation Act of 1999.
‘‘(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.
‘‘(b) OFFICERS.—
‘‘(1) The officers of the foundation are a sec-
retary, 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 are as provided in the constitu-
tion and bylaws of the foundation.
‘‘(c) 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 perform-
ance of the duties of the foundation.
‘‘§ 21604. 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 chapter;
‘‘(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.
‘‘§ 21605. Principal office
‘‘The principal office of the foundation shall be in the
District of Columbia. However, the activities of the foun-
dation may be conducted, and offices may be maintained,
throughout the United States in accordance with the con-
stitution and bylaws of the foundation.
‘‘§ 21606. 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.
‘‘§ 21607. Liability of officers and agents
‘‘The foundation is 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.
‘‘§ 21608. Restrictions
‘‘(a) LIMITATION
ON SPENDING.—Beginning with
the fiscal year following the first full fiscal year during
which the foundation is in operation, the administrative
costs of the foundation may not exceed 10 percent of the
sum of—
‘‘(1) the amounts transferred to the foundation
under section 21609 during the preceding fiscal
year; and
‘‘(2) donations received from private sources
during the preceding fiscal year.
‘‘(b) APPOINTMENT AND HIRING.—The appointment
of officers and employees of the foundation shall be subject
to the availability of funds.
‘‘(c) STATUS.—The 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.
‘‘§ 21609. Transfer of donated funds
‘‘The Secretary of the Interior may transfer to the
foundation funds held by the Department of the Interior
under the Act of February 14, 1931 (Chap. 171; 46 Stat.
1106) (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.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part B of subtitle II of title 36, United States Code,
is amended by inserting after the item relating to chapter
215 the following new item:
‘‘216. American Indian Education Foundation ......................21601’’.
SEC. 3. INITIAL PERIOD AFTER ESTABLISHMENT.
(a) BOARD OF DIRECTORS.—
(1) INITIAL BOARD.—Notwithstanding the first
sentence of section 21603(a)(2) of title 36, United
States Code, not later than 6 months after the date
of enactment of this Act, the Secretary of the Inte-
rior shall appoint the initial voting members of the
board of directors under section 21603 of title 36,
United States Code (hereinafter in this section re-
ferred to as the ‘‘board’’). The initial members of
the board shall have staggered terms (as determined
by the Secretary of the Interior).
(2) SUCCESSIVE BOARDS.—The composition of
all successive boards after the initial board shall be
in conformity with the constitution and bylaws of
the American Indian Education Foundation orga-
nized under chapter 216 of title 36, United States
Code (hereinafter in this section referred to as the
‘‘foundation’’).
(b) ADMINISTRATIVE SERVICES AND SUPPORT.—
(1) PROVISION OF SUPPORT BY SECRETARY.—
Subject to paragraph (2), during the 5-year period
beginning on the date of enactment of this Act, the
Secretary of the Interior—
(A) may provide personnel, facilities, and
other administrative support services to the
foundation;
(B) may provide funds to reimburse the
travel expenses of the members of the board
under section 21603(c)(2) of title 36, United
States Code; and
(C) shall require and accept reimburse-
ments from the foundation for any—
(i) services provided under subpara-
graph (A); and
(ii) funds provided under subpara-
graph (B).
(2) 
REIMBURSEMENT.—Reimbursements 
ac-
cepted under paragraph (1)(C) shall be deposited in
the Treasury to the credit of the appropriations then
current and chargeable for the cost of providing
services described in paragraph (1)(A) and the travel
expenses described in paragraph (1)(B).
(3) CONTINUATION
OF
CERTAIN
SERVICES.—
Notwithstanding any other provision of this section,
the Secretary of the Interior may continue to pro-
vide facilities and necessary support services to the
foundation after the termination of the 5-year period
specified in paragraph (1), on a space available, re-
imbursable cost basis.
Æ