[House Report 106-1028]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-1028
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
AMERICAN INDIAN EDUCATION FOUNDATION ACT OF 1999
_______
December 14, 2000.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3080]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(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, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 3080 is 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.
Background and Need for Legislation
H.R. 3080 amends the Indian Self-Determination and
Education Assistance Act so as to direct the Secretary of the
Interior to establish the American Indian Education Foundation.
The Foundation proposed has been modeled after the National
Park Foundation created in 1967.
The American Indian Education Foundation would be a
charitable, nonprofit, federally-chartered corporation having
the purposes of: (a) accepting and administering private gifts
of real and personal property in support of the mission of the
Office of Indian Education Programs of the Bureau of Indian
Affairs (BIA); (b) conducting activities as will further the
educational opportunities of American Indians who attend BIA
funded schools; and (c) assisting others who undertake
activities that will further the educational opportunities of
American Indians attending BIA funded schools.
H.R. 3080 provides that the Foundation created shall be
located within the District of Columbia and shall be governed
by an 11-member, uncompensated board of directors. H.R. 3080
also imposes certain limitations on the administrative costs of
the Foundation and allows the Secretary of the Interior to
transfer to the Foundation certain donations and bequests which
are currently held by the Department for the benefit of Native
Americans.
Committee Action
H.R. 3080 was introduced on October 14, 1999, by
Congressman Dale Kildee (D-MI). The bill was referred to the
Committee on Resources. On October 20, 1999, the Committee met
to consider the bill. No amendments were offered and the bill
was ordered favorably reported to the House of Representatives
by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
transfer of the donated funds from the Department of the
Interior to the foundation would increase direct spending in
2000, but that enactment of the bill ``would not significantly
affect the federal budget over the 2000-2004 period.''
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 26, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3080, the American
Indian Education Foundation Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3080--American Indian Education Foundation Act of 1999
H.R. 3080 would establish the American Indian Education
Foundation, a charitable and nonprofit corporation to support
the mission of the Office of Indian Education Programs within
the Bureau of Indian affairs (BIA). The foundation would assist
federal, state, tribal, and other entities in efforts to
improve educational opportunities for American Indians
attending BIA-funded schools. Funding for the foundation would
be provided through a transfer of donated funds currently held
by the Department of the Interior (DOI) as well as other
donations solicited and received by the foundation itself. In
addition, H.R. 3080 would allow the Secretary of the Interior
to provide reimbursable administrative and financial support to
the foundation during the first five years of its operation.
Based on the information from DOI, CBO estimates that
implementing H.R. 3080 would not significantly affect the
federal budget over the 2000-2004 period. Assistance provided
by DOI during the first five years, which would probably not
exceed $500,000 in any year, would be subject to appropriation,
and must be fully reimbursed by the foundation. Thus, CBO
estimates that this provision would have no net impact on
discretionary spending. The transfer of donated funds from DOI
to the foundation would increase direct spending in 2000;
therefore, pay-as-you-go procedures would apply. CBO estimates,
however, that these donations would total less than $500,000.
H.R. 3080 contains no intergovernmental or private-sector
mandates as defined by the Unfunded Mandates Reform Act and
would impose no costs on tribal, state, or local governments.
On September 1, 1999, CBO transmitted a cost estimate for
S. 1290, the American Indian Education Foundation Act of 1999,
as ordered reported by the Senate Committee on Indian Affairs
on August 4, 1999. The two bills are similar, and the cost
estimates are identical.
The CBO staff contact is Megan Carroll. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE V OF THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
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 corporation 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 private
gifts of real and personal property or any income
therefrom or other interest therein for the benefit 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 activities as
will further the educational opportunities of American
Indians who attend a Bureau funded school; and
(3) to participate with, an otherwise assist,
Federal, State, and tribal governments, agencies,
entities, and individuals in undertaking and conducting
activities that will further the educational
opportunities of American Indians attending Bureau
funded schools.
(f) Board of Directors.--
(1) The Board of Directors shall be the governing
body of the Foundation. The Board may exercise, 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 vacancies),
and their terms of office shall be as provided in the
constitution and by-laws of the Foundation. 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 Affairs, who shall serve as ex
officio nonvoting members, 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 established 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 extent
practicable, represent diverse points of view relating
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 relating to
education in general and education of American Indians
in particular.
(3) The manner of election, term of office, and
duties of the officers shall be as provided in the
constitution 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 limitations 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
administrative costs of the Foundation may not exceed
10 percent of the sum of--
(A) the amounts transferred to the Foundation
under subsection (m) during the preceding
fiscal year; and
(B) donations received from private sources
during the preceding fiscal year.
(2) Appointment and hiring.--The appointment of
officers and employees of the Foundation 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 Secretary 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.--Subject 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 subsection (a)(2).
(c) Continuation of Certain Services.--Notwithstanding any
other provision of this section, the Secretary 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 Foundation
established by the Secretary pursuant to section 501;
and
(3) the term ``Secretary'' shall mean the Secretary
of the Interior.