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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Mark O. Hatfield-Elizabeth Furse Scholarship
and Excellence in Tribal Governance Act of 2005'.
SEC. 2. FINDINGS.
(1) Senator Mark O. Hatfield and Congresswoman Elizabeth Furse served the
United States with distinction and honor;
(2) Senator Hatfield and Congresswoman Furse have had a lasting impact on
the relationship between the United States and Native Americans;
(3) Senator Hatfield and Congresswoman Furse have been champions of the
rights of Native Americans and Alaska Natives and worked in Congress to
strengthen tribal self-governance; and
(4) it is a fitting tribute to the leadership, courage, and bipartisan spirit
that Senator Mark O. Hatfield and Congresswoman Elizabeth Furse exemplify
to establish in their names programs to encourage excellence in tribal government.
SEC. 3. DEFINITIONS.
(1) BOARD- The term `Board' means the Board of Trustees of the Foundation
established under section 4(b).
(2) ELIGIBLE INDIVIDUAL- The term `eligible individual' means a citizen
or national of the United States or a permanent resident alien of the United
States.
(3) FOUNDATION- The term `Foundation' means the Mark O. Hatfield-Elizabeth
Furse Scholarship and Excellence in Tribal Governance Foundation established
by section 4(a).
(4) FUND- The term `Fund' means the Mark O. Hatfield-Elizabeth Furse Scholarship
and Excellence in Tribal Governance Fund established by section 7.
(5) INSTITUTE- The term `Institute' means the Institute for Tribal Government
at Portland State University.
(6) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education'
has the meaning given the term in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)).
(7) STATE- The term `State' means--
(B) the District of Columbia;
(D) the Commonwealth of the Northern Mariana Islands;
(F) the Republic of the Marshall Islands;
(G) the Federal States of Micronesia;
(H) the Republic of Palau;
(I) the Commonwealth of Puerto Rico; and
(J) the United States Virgin Islands.
SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP
AND EXCELLENCE IN TRIBAL GOVERNANCE FOUNDATION.
(a) Establishment- There is established as an independent entity in the Executive
branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in
Tribal Governance Foundation.
(1) IN GENERAL- The Foundation shall be subject to the supervision and direction
of a Board of Trustees.
(2) MEMBERSHIP- The Board shall be comprised of 12 trustees, of whom--
(A) 2 trustees shall be individuals appointed by the President, by and
with the advice and consent of the Senate, after considering recommendations
of the Speaker of the House of Representatives, in consultation with the
minority leader of the House of Representatives;
(B) 2 trustees shall be individuals appointed by the President, by and
with the advice and consent of the Senate, after considering recommendations
of the President pro tempore of the Senate, in consultation with the majority
and minority leaders of the Senate;
(C) 5 trustees, not more than 3 trustees of whom shall be of the same
political party, shall be individuals appointed by the President, by and
with the advice and consent of the Senate, who have demonstrated leadership
and interest in strengthening tribal self-governance, such as tribal leaders
involved in health and public policy development affecting Native American
and Alaska Native communities;
(D) 1 trustee shall be the Secretary of the Interior;
(E) 1 trustee shall be the Secretary of Education; and
(F) 1 trustee shall be the president of Portland State University, who
shall serve as a nonvoting member and shall not be eligible to serve as
Chairperson.
(1) IN GENERAL- The term of a member of the Board shall be 6 years, except
that--
(A) in the case of the trustees first taking office--
(i) as designated by the President, 1 trustee appointed under subsection
(b)(2)(B) and 2 trustees appointed under subsection (b)(2)(C) shall
serve 2 years;
(ii) as designated by the President, 1 trustee appointed under subsection
(b)(2)(A) and 2 trustees appointed under subsection (b)(2)(C) shall
serve 4 years; and
(iii) as designated by the President, 1 trustee appointed under subsection
(b)(2)(A), 1 trustee appointed under subsection (b)(2)(B), and 1 trustee
appointed under subsection (b)(2)(C) shall serve 6 years; and
(B) a trustee appointed to fill a vacancy shall--
(i) serve for the remainder of the term for which the predecessor of
the trustee was appointed; and
(ii) be appointed in the same manner as the original appointment for
that vacancy was made.
(d) Travel and Subsistence Pay- A trustee shall serve without pay, but shall
be entitled to reimbursement for travel, subsistence, and other necessary
expenses incurred in the performance of the duties of a member of the Board.
(e) Location of Foundation- The Foundation shall be located in Portland, Oregon.
(1) IN GENERAL- There shall be an Executive Director of the Foundation,
who shall be appointed by the Board.
(2) DUTIES- The Executive Director--
(A) shall be the chief executive officer of the Foundation; and
(B) shall carry out the functions of the Foundation, subject to the supervision
and direction of the Board, and such other functions consistent with this
Act as the Board shall prescribe.
(3) COMPENSATION- The Executive Director shall be compensated at the rate
specified for an employee in level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 5. PURPOSES.
The purposes of the Foundation shall be--
(1) to develop resources to properly train Native American and Alaska Native
tribal council members in self-government and related fields;
(2) to foster among people in the United States greater recognition and
understanding of the role of tribal self-government in the development of
the United States;
(3) to identify critical issues facing tribal governments;
(4) to establish a program for tribal governance research at the Institute;
and
(5) to provide educational outreach regarding tribal self-government.
SEC. 6. AUTHORITY OF THE FOUNDATION.
(a) In General- The Foundation, in consultation with the Institute, may identify
and conduct such programs, activities, and services as the Foundation considers
appropriate to carry out the purposes of the Foundation.
(b) Programs, Activities, and Services- The Foundation may, in accordance
with this section--
(1) award scholarships, fellowships, internships, and grants; and
(2) provide grants to the Institute to carry out and manage other programs,
activities, and services.
(c) National Competition- The Foundation may provide, directly or by contract,
for the conduct of national competition for the purpose of selecting recipients
of scholarships, fellowships, internships, and grants awarded under this Act.
(d) Award of Scholarships, Fellowships, Internships, and Grants-
(1) IN GENERAL- The Foundation may award scholarships, fellowships, internships,
and grants to eligible individuals who meet the minimum criteria established
by the Foundation, for study in fields relating to tribal governance.
(2) ELIZABETH FURSE SCHOLARS- Recipients of scholarships, fellowships, internships,
and grants under this Act shall be known as `Elizabeth Furse Scholars'.
(1) IN GENERAL- The Foundation may award scholarships to outstanding--
(A) undergraduate students who intend to pursue careers relating to tribal
governance; and
(B) Native American and Alaska Native undergraduate students who intend
to pursue careers in tribal public policy.
(2) PAYMENTS- An eligible individual awarded a scholarship under this Act
may receive payments under this Act only during such periods as the Foundation
determines that the eligible individual--
(A) is maintaining satisfactory proficiency and devoting full time to
study or research; and
(B) is not engaging in gainful employment other than employment approved
by the Foundation under regulations of the Board.
(A) IN GENERAL- The Foundation may require reports containing such information,
in such form, and to be filed at such times as the Foundation determines
to be necessary from any eligible individual awarded a scholarship under
this Act.
(B) CERTIFICATE- Except as otherwise provided under this subsection, a
report under subparagraph (A) shall be accompanied by a certificate from
an appropriate official at the institution of higher education, approved
by the Foundation, stating that the individual is making satisfactory
progress in, and is devoting essentially full time to, study or research.
(f) Fellowships- The Foundation may award fellowships to--
(1) outstanding graduate students who intend to pursue advanced degrees
in fields relating to tribal governance;
(2) outstanding Native American and Alaska Native graduate students who
intend to pursue advanced degrees in tribal public policy, law, or medicine;
and
(3) faculty from a variety of disciplines to bring the expertise of the
faculty to the Foundation.
(g) Internships- The Foundation may award internships to deserving and qualified--
(1) individuals, for use in participating in internships in Federal, State,
and local agencies or in offices of major tribal governance organizations;
and
(2) Native American and Alaska Native individuals, for use in participating
in internships in Federal, State, and local agencies or in offices of major
public health or public policy organizations.
(h) Grants- The Foundation shall award grants to the Institute--
(1) to provide for an annual panel of experts to discuss contemporary tribal
governance issues;
(2) to conduct tribal governance policy research;
(3) to conduct research on Native American and Alaska Native tribal public
policy issues; and
(4) to invite visiting policymakers to share practical experiences with
the Foundation.
(i) Coordination- The Foundation shall assist in the development and implementation
of a program for tribal governance research to be located at the Institute.
(1) IN GENERAL- Subject to paragraph (2), the Foundation shall determine--
(A) the priority of the programs to be carried out under this Act; and
(B) the amount of funds to be allocated for the programs.
(2) REQUIREMENTS- Of amounts made available to carry out this section--
(A) not less than 50 percent shall be used for the programs described
in subsections (e), (f), and (g);
(B) not less than 20 percent shall be made available to the Institute
to carry out subsections (h) and (i), on the conditions that--
(i) a 25-percent matching share is provided from other non-Federal sources;
and
(ii) adequate space at the Institute is made available by the Institute
for the Executive Director and other appropriate staff of the Foundation;
and
(C) not more than 15 percent shall be used for salaries and other administrative
purposes.
SEC. 7. ESTABLISHMENT OF MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP AND
EXCELLENCE IN TRIBAL GOVERNANCE TRUST FUND.
(a) Establishment of Fund- There is established in the Treasury of the United
States a trust fund to be known as the `Mark O. Hatfield-Elizabeth Furse Scholarship
and Excellence in Tribal Governance Trust Fund', to be administered by the
Foundation, consisting of amounts appropriated to the fund under section 10.
(b) Investment of Fund Assets-
(1) IN GENERAL- The Secretary of the Treasury shall invest in full, at the
direction of the Board, the amounts appropriated to the Fund.
(2) ELIGIBLE INVESTMENTS- The investments shall be in public debt securities
with maturities suitable for the needs of the Fund.
(3) INTEREST- Investments in public debt securities shall bear interest
at rates determined by the Secretary of the Treasury, taking into consideration
the current average market yield on outstanding marketable obligations of
the United States of comparable maturity.
SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND.
(a) In General- The Foundation shall pay from the interest and earnings of
the Fund such amounts as the Board determines are appropriate to enable the
Foundation to carry out this Act.
(b) Audit by Government Accountability Office-
(1) IN GENERAL- The activities of the Foundation and the Institute under
this Act may be audited by the Government Accountability Office under such
regulations as may be promulgated by the Comptroller General of the United
States.
(2) ACCESS- Representatives of the Government Accountability Office shall
have access to all books, accounts, records, reports filed and all other
papers, things, or property belonging to or in use by the Foundation and
the Institute that pertain to federally-assisted activities and are necessary
to facilitate the audit.
SEC. 9. ADMINISTRATIVE PROVISIONS.
To carry out this Act, the Foundation may--
(1) appoint, and fix the compensation of, such personnel as are necessary
to carry out this Act, except that in no case shall an employee other than
the Executive Director be compensated at a rate that exceeds the maximum
rate for employees in grade GS-15 of the General Schedule under section
5332 of title 5, United States Code;
(2) procure or fund the Institute to procure temporary and intermittent
services of such experts and consultants as are necessary to the extent
authorized by section 3109 of title 5, United States Code, but at rates
not to exceed the rate specified at the time of such service for level IV
of the Executive Schedule under section 5315 of title 5, United States Code;
(3) promulgate such regulations as the Foundation considers to be necessary
governing the manner in which the functions of the Foundation shall be carried
out;
(4) accept, hold, administer, and use gifts, both real and personal, for
the purpose of aiding or facilitating the work of the Foundation;
(5) accept and use the services of voluntary and noncompensated personnel
and reimburse such personnel for travel expenses, including per diem expenses,
as authorized by section 5703 of title 5, United States Code;
(6) enter into contracts, grants, or other arrangements or modifications
of contracts, grants, or arrangements to carry out this Act, which contracts,
grants, arrangements, and modifications may, with the concurrence of at
least 2/3 of the members of the Board, be entered into without performance
bond or other bond, and without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5); and
(7) make other necessary expenditures.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $50,000,000.
END
