I
103D CONGRESS
2D SESSION
H. R. 4783
To establish the National Indian Research Institute.
IN THE HOUSE OF REPRESENTATIVES
JULY 19, 1994
Mr. MARTINEZ introduced the following bill; which was referred jointly to the
Committees on Natural Resources and Education and Labor
A BILL
To establish the National Indian Research Institute.
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 ‘‘National Indian Re-
search Institute Act’’.
SEC. 2. FINDINGS.
(a) FINDINGS OF CONGRESS.—The Congress finds
that:
(1) The policy of the United States toward In-
dian 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 be-
tween the United States and Indian tribal gov-
ernments;
(B) the United States has a trust respon-
sibility 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 Constitu-
tion 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 achiev-
ing parity with the general United States popu-
lation as evidenced by national averages for
health care, per capita income and rates of em-
ployment and educational achievement, are rec-
ognized as the basis of numerous Federal stat-
utes and administrative policies;
(E) the unique cultural heritage of tribal
people in the United States, including mainte-
nance of native language proficiency, the prac-
tice 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, con-
duct, and administer such programs themselves.
(2) Despite broad agreement on the underlying
principles of United States Indian policy, laws en-
acted by the Congress and regulations adopted by
Federal agencies do not invariably reflect such prin-
ciples owing to the large number of executive branch
agencies and the large number of congressional com-
mittees 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 prin-
ciples.
(3) Performance of its trust responsibility to
American Indians consistent with the highest fidu-
ciary 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-In-
dian, living on or near reservations throughout In-
dian country.
(5) Establishment of an independent, non-
partisan, institute to provide data, information, and
analyses related to Indian issues would assist insti-
tutions in shaping sound and consistent public policy
and its establishment is warranted.
(6) The establishment of an institute is not in-
tended, nor should it be construed as, a delegation
of the responsibilities of the United States in formu-
lating 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 commu-
nity 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 Di-
rectors of the Institute.
SEC. 4. ESTABLISHMENT OF INSTITUTE.
(a) IN GENERAL.—There is established a federally
chartered corporation to be known as the ‘‘National In-
dian Research Institute’’ which 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 enact-
ment of this Act, the Comptroller General of the United
States shall—
(1) review the activities and performance of the
Institute to determine whether amendments to this
Act are required; and
(2) submit a report to the Speaker of the
House of Representatives and the President pro
tempore of the Senate containing specific findings
and recommendations.
In carrying out such review and preparing such report,
the Comptroller General shall ensure that there is signifi-
cant opportunity for tribal input at all levels.
SEC. 5. FUNCTIONS.
(a) RESEARCH AND ANALYSIS.—The Institute shall,
at the request of institutions shaping policies affecting In-
dians (including Indian tribes, consortia of Indian tribes,
the executive branch of the Federal Government, and the
Congress) or upon its own initiative, conduct or commis-
sion research and analysis to be carried out, in accordance
with the highest standards of scholarship and independ-
ence, 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 con-
sistent with section 7(f)(3). In conducting or commission-
(4) to represent itself, or to contract for rep-
resentation, in all judicial, legal, and other proceed-
ings;
(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, be-
quests, devises of money, securities, and other prop-
erties 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, organiza-
tions, institutions, and individuals;
(8) to acquire with funds other than Federal
funds, 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 provi-
sions against losses;
(10) to use any funds or property received by
the Institute to carry out the purpose of this Act ex-
cept 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 nec-
essarily 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 In-
stitute.
SEC. 7. BOARD OF DIRECTORS.
(a) COMPOSITION.—
(1) The Board of Directors of the Institute
shall consist of 13 members appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate, from among individuals who are representative
of a broad range of Indian policy expertise as evi-
denced 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 policy-making posi-
tions, or affiliation with public and private institu-
tions which are known for their significant contribu-
tions to the public interest and shall include—
(A) 4 members appointed from among in-
dividuals nominated by the Speaker of the
House of Representatives; and
(B) 4 members appointed from among in-
dividuals nominated by the President pro tem-
pore of the Senate.
One of the 5 members appointed without regard to
subparagraphs (A) and (B) shall be designated by
the President, at the time of appointment, as the
chairman of the Board.
(2) In making appointments under paragraph
(1), the President 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, aca-
demic institutions and public officials with In-
dian 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 ap-
pointed pursuant to 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 sub-
section (a)(1) are first appointed.
(c) TERMS OF OFFICE.—
(1) Except as otherwise provided in this section,
members of the Board of Directors appointed pursu-
ant to subsection (a)(1) shall be appointed for terms
of office of 3 years.
(2) Of the members first appointed under sub-
section (a)(1)—
(A) 1 member appointed under subpara-
graph (A) of such subsection, 1 member ap-
pointed under subparagraph (B) of such sub-
section, and 1 of the remaining members ap-
pointed without regard to subparagraphs (A)
and (B) of such subsection shall be appointed
for a term of office of 12 months;
(B) 1 member appointed under subpara-
graph (A) of such subsection, 1 member ap-
pointed under subparagraph (B) of such sub-
section, and 1 of the remaining members ap-
pointed without regard to subparagraphs (A)
and (B) of such subsection shall be appointed
for a term of office of 24 months; and
(C) all other members shall be appointed
for 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 President
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 mem-
ber’s successor is appointed.
(d) VACANCIES.—Any member of the Board ap-
pointed under subsection (a) to fill a vacancy occurring
before the expiration of the term to which such member’s
predecessor was appointed shall be appointed for the re-
mainder of such term.
(e) POWERS OF BOARD.—The Board is authorized
and directed to—
(1) formulate policy for the Institute and pro-
vide direction for its management;
(2) make such bylaws and rules as it deems
necessary for the administration of its functions
under this Act, including the organization and oper-
ating procedures of the Board; and
(3) establish a process for independent peer re-
view of research proposals submitted to the Institute
based upon the research competence of the appli-
cant, 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.
(f) OFFICERS AND EXECUTIVE COMMITTEE.—The
Board shall establish an executive committee to be com-
prised of a vice chair, secretary, treasurer, and one at-
large member selected by the Board from among its mem-
bers, and the chairman of the Board. In accordance with
the bylaws of the Board, such members shall provide di-
rection for the Board, and serve in lieu of the Board on
matters requiring Board action, subject to review and ac-
tion by the Board as the members of the Board may deem
appropriate.
(g) COMMITTEES.—The Board may establish such
committees, task forces, and working groups as it deems
appropriate and necessary.
(h) COMPENSATION.—Members of the Board ap-
pointed under subsection (a)(1) 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 sub-
sistence.
SEC. 8. RESOURCE ADVISORY COUNCIL.
(a) RESOURCE ADVISORY COUNCIL.—There is estab-
lished the Resource Advisory Council to the National In-
dian Research Institute (hereafter referred to as the
‘‘Council’’) which shall provide assistance in the develop-
ment 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 Protec-
tion 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.
(13) Chairman, Committee on Natural Re-
sources, 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 or-
ganizational development;
(2) shall provide professional and technical as-
sistance upon request of the Board of Directors, in-
cluding staff support for the activities of the Coun-
cil;
(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 meet-
ings 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 accom-
plish the purposes of this Act.
SEC. 9. OFFICERS AND EMPLOYEES.
(a) DIRECTOR.—The Board of Directors shall ap-
point 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, the Director shall have the respon-
sibility 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 Amer-
ican Indians.
SEC. 10. NONPROFIT AND NONPOLITICAL NATURE OF IN-
STITUTE.
(a) NOT AN ADVOCACY ORGANIZATION.—The Insti-
tute shall not engage in the advocacy of public policy alter-
natives, represent itself as the voice of tribal governments,
or take other actions that might be construed as interfer-
ing with or diminishing the government-to-government re-
lationship between tribal governments and the United
States.
(b) NO SUPPORT TO POLITICAL PARTIES.—The In-
stitute may not contribute to, or otherwise support, any
political party or candidate for elective public office, in-
cluding tribal 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 rea-
sonable compensation for services.
SEC. 11. TRANSFER OF FUNCTIONS AND ADMINISTRATION
BY THE INSTITUTE.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred 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 Amer-
ican 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 Con-
gress for this purpose, within 30 days following the date
of such appropriation, the Secretary of Health and
Human Services shall award a grant to the Institute for
all activities of the Institute and to enable the Institute
to provide such management, technical and support assist-
ance as may be reasonable or necessary to operate the In-
stitute, including audit, accounting, computer services and
building and maintenance services. Subject to the avail-
ability of funds, the grant shall be automatically renewable
on an annual basis until such time as Congress may pro-
vide otherwise.
SEC. 12. RELATIONSHIP WITH TRIBAL COLLEGES AND
OTHER RESEARCH ORGANIZATIONS.
(a) CONTRACTS AND AGREEMENTS.—The Director of
the Institute, pursuant to the direction of, and in consulta-
tion with, the Board of Directors, is authorized to enter
into contracts, memoranda of understanding and agree-
ments with—
(1) tribally controlled community colleges as de-
fined by section 2(a)(4) of the Tribally Controlled
Community College Assistance Act of 1978;
(2) the United Tribes Technical College, South-
west Indian Polytechnic Institute, Haskell Indian
Junior College, and Crownpoint Institute of Tech-
nology; and
(3) other research institutions which have expe-
rience in the conduct of research that has been suc-
cessfully 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 respon-
sibilities under this Act.
(b) PREFERENCES.—In the award of contracts for re-
search, the Director may give preference to institutions
or individuals that have successfully conducted research
in cooperation with American Indian tribal governments
and organizations.
(c) GEORGE WASHINGTON UNIVERSITY.—The Board
of Directors is authorized to enter into an agreement with
the George Washington University to obtain facilities and
technical services.
SEC. 13. REPORTS.
(a) ANNUAL REPORT.—The Director of the Institute
shall submit an annual report to the Speaker of the House
of Representatives, the President pro tempore of the Sen-
ate, 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 pe-
riod, and the disposition thereof, as well as any rec-
ommendations for improving the Institute. Such report
shall also be provided to all tribal governments.
(b) BUDGET PROPOSAL.—The Board shall submit a
budget proposal for the Institute for fiscal year 1995, 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. The budget proposal
of the Institute shall be included in the annual budget of
the President.
SEC. 14. COMPLIANCE WITH FEDERAL LAWS.
For the purpose of administering the Federal crimi-
nal 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. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $1,000,000
for fiscal year 1995, and such sums as may be necessary
for fiscal years 1996 and 1997, to carry out this Act.
Funds appropriated under this section shall remain avail-
able without fiscal year limitation.
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HR 4783 IH——2