[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1121 Reported in Senate (RS)]
Calendar No. 186
103d CONGRESS
1st Session
S. 1121
[Report No. 103-129]
_______________________________________________________________________
A BILL
To establish the National Indian Research Institute.
_______________________________________________________________________
August 24, 1993
Reported with amendments
Calendar No. 186
103d CONGRESS
1st Session
S. 1121
[Report No. 103-129]
To establish the National Indian Research Institute.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16 (legislative day, June 15), 1993
Mr. Inouye (for himself, and Mr. McCain, Mr. Campbell, Mr. Domenici,
Mrs. Kassebaum, and Mr. Simon) introduced the following bill; which was
read twice and referred to the Committee on Indian Affairs
August 24, 1993
Reported, under authority of the order of the Senate of August 2
(legislative day, June 30), 1993, by Mr. Inouye, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To establish the National Indian Research Institute.
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 ``National Indian Research Institute
Act''.
SEC. 2. FINDINGS.
(a) Findings of Congress.--The Congress finds that:
(1) The policy of the United States toward Indian 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 between the
United States and Indian tribal governments;
(B) the United States has a trust responsibility 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 Constitution 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 achieving parity
with the general United States population as evidenced
by national averages for health care, per capita income
and rates of employment and educational achievement,
are recognized as the basis of numerous Federal
statutes and administrative policies;
(E) the unique cultural heritage of tribal people
in the United States, including maintenance of native
language proficiency, the practice 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,
conduct, and administer such programs themselves.
(2) Despite broad agreement on the underlying principles of
United States Indian policy, laws enacted by the Congress and
regulations adopted by Federal agencies do not invariably
reflect such principles owing to the large number of executive
branch agencies and the large number of congressional
committees 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 principles.
(3) Performance of its trust responsibility to American
Indians consistent with the highest fiduciary 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-Indian, living on or near
reservations throughout Indian country.
(5) Establishment of an independent, nonpartisan, institute
to provide data, information, and analyses related to Indian
issues would assist institutions in shaping sound and
consistent public policy and its establishment is warranted.
(6) The establishment of an institute is not intended, nor
should it be construed as, a delegation of the responsibilities
of the United States in formulating 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 community 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 Directors of the
Institute.
(5) The term ``president'' means the president of the
George Washington University located in Washington, District of
Columbia.
SEC. 4. ESTABLISHMENT OF INSTITUTE.
(a) In General.--There is established a federally chartered
corporation to be known as the ``National Indian Research Institute''
which shall be located in Washington, District of Columbia, and, with
the consent of George Washington University, as indicated by the
acceptance by it of the grant authorized under section 12 of this Act,
within the George Washington University for purposes of administration
and management. For purposes of policy and direction, the Institute
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 enactment of this Act,
the Congress shall review the activities and performance of the
Institute and of George Washington University in support of the
Institute's purposes to determine whether amendments to this Act are
required.
SEC. 5. FUNCTIONS.
(a) Research and Analysis.--The Institute shall, at the request of
institutions shaping policies affecting Indians or upon its own
initiative, conduct or commission research and analysis to be carried
out, in accordance with the highest standards of scholarship and
independence, 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 consistent with section
7(f)(3). Priority consideration shall be given to policy initiatives
proposed for consideration by the executive or legislative branches of
the Federal Government. In conducting or commissioning research and
analysis on issues relating to the development of public policy
affecting Indians, the Institute shall ensure that such research shall
consider all factors affecting Indian policy including the impact of
such policy upon other Americans.
(b) Data and Information Clearinghouse.--The Institute shall
establish a data base to make accessible information and data
maintained by Government agencies, academic institutions, and Indian
and other organizations, and shall develop computer and
telecommunication networks to make such information recoverable by
policymakers and the public. Where it is determined that developing a
new and specific data base is required, the Institute shall undertake
to meet such need.
(c) Forums and Symposia.--The Institute shall conduct periodic
public forums to identify and explore emerging Indian policy issues and
to identify needs for data, information, or analyses, and shall conduct
symposia, when appropriate, to clarify options for policymakers and to
advance an understanding of complex and interrelated public policy
issues as they affect Indian people and the formulation of Indian
policy.
(d) Public Information.--(1) The Institute shall publish and make
available to the executive and legislative branches of the Federal
Government, tribal governments, tribal colleges, and the public, the
products of its research and reports of other activities by
disseminating information about such research and reports as deemed
appropriate by the Board.
(2) Nothing in paragraph (1) or any other provision of this Act
shall be construed as prohibiting any Indian tribal government from
imposing any condition, limitation, or other restriction on the use or
dissemination of any information or other data made available by such
tribal government to the Institute under this Act.
SEC. 6. GENERAL POWERS OF INSTITUTE.
(a) Powers of Institute.--In carrying out the provisions of this
Act, the Institute shall have the power, consistent with the provisions
of this Act--
(1) to adopt, use and alter a corporate seal;
(2) to make, subject to the availability of funds,
agreements and contracts with persons, Indian tribal
governments, tribal organizations, and private or governmental
entities, and to make payments or advance payments under such
agreements or contracts without regard to the provisions of
section 3324 of title 31, United States Code;
(3) to sue and be sued in its corporate name and to
complain and defend in any court of competent jurisdiction;
(4) to represent itself, or to contract for representation,
in all judicial, legal, and other proceedings;
(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, bequests,
devises of money, securities, and other properties 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, organizations, institutions, and individuals;
(8) to acquire, 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 provisions against
losses;
(10) to use any funds or property received by the Institute
to carry out the purpose of this Act except 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 necessarily 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 Institute.
SEC. 7. BOARD OF DIRECTORS.
(a) Composition.--
(1) The Board of Directors of the Institute shall consist
of the following members:
(A) Seven individuals appointed within 12 months
following the date of enactment of this Act by the
President pro tempore of the Senate and 7 individuals
appointed within the same period by the Speaker of the
House of Representatives, who are representative of a
broad range of Indian policy expertise as evidenced 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 policymaking
positions, or affiliation with public and private
institutions which are known for their significant
contributions to the public interest. The President pro
tempore shall appoint from a list of persons submitted
by the chairman of the Committee on Indian Affairs, and
the Speaker shall appoint from a list of persons
submitted by the chairman of the Committee on Natural
Resources of the House of Representatives.
(B) Two individuals appointed by the president of
George Washington University within 12 months following
the date of the enactment of this Act from among the
faculty, officers, or employees of George Washington
University. Members appointed pursuant to this
subparagraph shall serve at the pleasure of the
president.
(C) The president of George Washington University,
or his or her designee, and the Director of the
Institute, both of whom shall serve as ex officio
voting members of the Board.
(2) In making appointments under subsection (a)(1)(A), the
appointing authorities 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, academic
institutions and public officials with Indian 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, appointed by the
president of George Washington University to assist with the
feasibility study for the establishment of a National Center for Native
American Studies and Indian Policy Development, as authorized by
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 subparagraphs (A) and (B) of
paragraph (1) of subsection (a) are appointed.
(c) Terms of Office.--
(1) Except as otherwise provided in this section, members
of the Board of Directors appointed pursuant to subsection
(a)(1)(A) shall be appointed for terms of office of 3 years.
(2) Of the members first appointed under subsection
(a)(1)(A) of this section--
(A) 5 shall have a term of office of 12 months;
(B) 5 shall have a term of office of 24 months; and
(C) 4 shall have 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 appointing authorities 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 member's successor is appointed.
(d) Vacancies.--Any member of the Board appointed under subsection
(a) of this section to fill a vacancy occurring before the expiration
of the term to which such member's predecessor was appointed shall be
appointed for the remainder of such term.
(e) Removal.--No member of the Board appointed pursuant to
subsection (a)(1)(A) of this section may be removed during the term of
office of such member except for just and sufficient cause. However,
absence from 3 consecutive meetings shall be considered just and
sufficient cause.
(f) Powers of Board.--The Board is authorized and directed to--
(1) formulate policy for the Institute and provide
direction for its management, in consultation with George
Washington University; -a-n-d
(2) make such bylaws and rules as it deems necessary for
the administration of its functions under this Act, including
the organization and operating procedures of the -B-o-a-r-d-.
Board; and
(3) establish a process for independent peer review of
research proposals submitted to the Institute based upon the
research competence of the applicant, 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.
(g) Officers and Executive Committee.--The Board shall select from
among its members an executive committee to be comprised of a co-chair
selected by the Board to serve with a co-chair designated by George
Washington University, and a vice chair, secretary, treasurer, and one
at-large member selected by the Board. In accordance with the bylaws of
the Board, such members shall provide direction for the Board, and
serve in lieu of the Board on matters requiring Board action, subject
to review and action by the Board as the members of the Board may deem
appropriate.
(h) Committees.--The Board may establish such committees, task
forces, and working groups as it deems appropriate and necessary.
(i) Compensation.--Members of the Board appointed under subsection
(a)(1)(A) 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 subsistence.
SEC. 8. RESOURCE ADVISORY COUNCIL.
(a) Resource Advisory Council.--There is established the Resource
Advisory Council to the National Indian Research Institute (hereafter
referred to as the ``Council'') which shall provide assistance in the
development 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 Protection 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; and
(13) Chairman, Committee on Natural Resources, 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 organizational development;
(2) shall provide professional and technical assistance
upon request of the Board of Directors, including staff support
for the activities of the Council;
(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 meetings 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 accomplish the purposes of this Act.
SEC. 9. OFFICERS AND EMPLOYEES.
(a) Director.--The Board of Directors, with the concurrence of the
president, shall appoint 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, and the general supervision of the president, the Director shall
have the responsibility 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 American Indians.
SEC. 10. NONPROFIT AND NONPOLITICAL NATURE OF INSTITUTE.
(a) Not an Advocacy Organization.--The Institute shall not engage
in the advocacy of public policy alternatives, represent itself as the
voice of tribal governments, or take other actions that might be
construed as interfering with or diminishing the government-to-
government relationship between tribal governments and the United
States.
(b) No Support to Political Parties.--The Institute may not
contribute to, or otherwise support, any political party or candidate
for elective public 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 reasonable compensation for services.
SEC. 11. TAX STATUS OF INSTITUTE.
The Institute and the franchise, capital, reserves, income and
property of the Institute is exempt from all taxation imposed by the
United States, by any Indian tribal government, or by any State or
political subdivision thereof, or the District of Columbia.
SEC. 12. TRANSFER OF FUNCTIONS AND ADMINISTRATION BY THE GEORGE
WASHINGTON UNIVERSITY.
(a) Transfer of Functions.--There are transferred 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
American 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 Congress for this
purpose, within 30 days following the date of the enactment of this
Act, the Secretary of Health and Human Services shall award a grant to
the George Washington University for all activities of the Institute
and to enable the University to provide such management, technical and
support assistance to the Institute as may be reasonable or necessary
to operate the Institute, including audit, accounting, computer
services and building and maintenance services. Subject to the
availability of funds, the grant shall be automatically renewable, at
the option of the University, on an annual basis until such time as
Congress may provide otherwise. No offsets or matching requirements may
be imposed.
SEC. 13. RELATIONSHIP WITH TRIBAL COLLEGES AND OTHER RESEARCH
ORGANIZATIONS.
(a) Contracts and Agreements.--The Director of the Institute,
pursuant to the direction of, and in consultation with, the Board of
Directors, is authorized to enter into contracts, memoranda of
understanding and agreements with--
(1) tribally controlled community colleges as defined by
section 2(a)(4) of the Tribally Controlled Community College
Assistance Act of 1978; -a-n-d
(2) the United Tribes Technical College, Southwest Indian
Polytechnic Institute, Haskell Indian Junior College, and
Crownpoint Institute of Technology; and
(3) other research institutions which have experience in
the conduct of research that has been successfully 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 responsibilities under this
Act.
(b) Preferences.--In the award of contracts for research, the
Director may give preference to institutions or individuals that have
successfully conducted research in cooperation with American Indian
tribal governments and organizations.
SEC. 14. REPORTS.
(a) Annual Report.--The Director of the Institute shall submit an
annual report to the chairman of the Senate Committee on Indian
Affairs, the chairman of the Committee on Natural Resources of the
House of Representatives, 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 period, and the disposition thereof, as well as any
recommendations for improving the Institute. Such report shall also be
provided to all tribal governments.
(b) Budget Proposal.--(1) The Board shall submit a budget proposal
for the Institute for fiscal year 1994, 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 of the United States. The budget
proposal of the Institute shall be included in the annual budget of the
President of the United States.
(2) In determining the amount of funds to be appropriated for any
fiscal year to the Institute on the basis of the budget of the
Institute for that fiscal year, the Congress shall not consider the
amount of private fundraising or bequests made on behalf of the
Institute during any preceding fiscal year.
SEC. 15. COMPLIANCE WITH FEDERAL LAWS.
For the purpose of administering the Federal criminal 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. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 1994,
$1,000,000, and for fiscal years 1995 and 1996 such sums as may be
necessary, to carry out the provisions of this Act. Funds appropriated
pursuant to the authorizations under this section shall remain
available without fiscal year limitation.
S 1121 RS----2