25 U.S.C. § 5421 — National Fund for Excellence in American

Page 791 TITLE 25—INDIANS § 5421 § 5413. Administrative services and support (a) Provision of support by Secretary Subject to subsection (b), during the 5-year pe- riod beginning on the date on which the Founda- tion is established, the Secretary— (1) may provide personnel, facilities, and other administrative support services to the Foundation; (2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and (3) shall require and accept reimbursements from the Foundation for— (A) services provided under paragraph (1); and (B) funds provided under paragraph (2). (b) Reimbursement Reimbursements accepted under subsection (a)(3)— (1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and (2) shall be chargeable for the cost of pro- viding services described in subsection (a)(1) and travel expenses described in subsection (a)(2). (c) Continuation of certain services The Secretary may continue to provide facili- ties and necessary support services to the Foun- dation after the termination of the 5-year period specified in subsection (a) if the facilities and services are— (1) available; and (2) provided on reimbursable cost basis. (Pub. L. 93–638, title VII, § 703, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2277.) Editorial Notes CODIFICATION Section was formerly classified to section 458ccc–2 of this title prior to editorial reclassification and renum- bering as this section. SUBCHAPTER VII—NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDU- CATION Editorial Notes CODIFICATION Subchapter is comprised of title VIII, formerly title V, of Pub. L. 93–638, which was formerly classified to part F (§ 458bbb et seq.) of subchapter II of chapter 14 of this title prior to redesignation by Pub. L. 111–211, title II, § 231(d)(1), July 29, 2010, 124 Stat. 2278, transfer to former part H (§ 458ddd et seq.) of subchapter II of chap- ter 14 of this title, and editorial reclassification as this subchapter. § 5421. National Fund for Excellence in American Indian Education (a) In general As soon as practicable after December 27, 2000, the Secretary of the Interior shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a founda- tion to be known as the ‘‘National Fund for Ex- cellence in American Indian Education’’ (herein- after referred to as the ‘‘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 non- profit 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 pri- vate 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 of- fice); (2) to undertake and conduct such other ac- tivities as will further the educational oppor- tunities of American Indians who attend a Bu- reau funded school; and (3) to participate with, and otherwise assist, Federal, State, and tribal governments, agen- cies, 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) In general The Board of Directors shall be the gov- erning body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation. (2) Selection 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 bylaws of the Foundation. However, the Board shall have at least 11 members, two 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) Qualification The members of the Board shall be United States citizens who are knowledgeable or ex- perienced in American Indian education and shall, to the extent practicable, represent di- verse points of view relating to the education of American Indians. (4) Compensation Members of the Board shall not receive com- pensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by Page 792 TITLE 25—INDIANS § 5422 them in the performance of the duties of the Foundation. (g) Officers (1) In general The officers of the Foundation shall be a sec- retary, elected from among the members of the Board, and any other officers provided for in the constitution and bylaws of the Founda- tion. (2) Secretary of Foundation 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) Election The manner of election, term of office, and duties of the officers shall be as provided in the constitution and bylaws of the Founda- tion. (h) Powers The Foundation— (1) shall adopt a constitution and bylaws for the management of its property and the regu- lation of its affairs, which may be amended; (2) may adopt and alter a corporate seal; (3) may make contracts, subject to the limi- tations of this chapter; (4) may acquire (through a gift or other- wise), own, lease, encumber, and transfer real or personal property as necessary or conven- ient to carry out the purposes of the Founda- tion; (5) may sue and be sued; and (6) may perform any other act necessary and proper to carry out the purposes of the Foun- dation. (i) Principal office The principal office of the Foundation shall be in the District of Columbia. However, the activi- ties of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitu- tion 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 in- corporated and of each State in which the Foun- dation 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 per- sonally 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 Founda- tion is in operation, the administrative costs of the Foundation may not exceed 10 percent of the sum of— (A) the amounts transferred to the Foun- dation under subsection (m) of this section 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, em- ployees, and agents of the Foundation are not, by reason of their association with the Foun- dation, 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 section 5341 of this title, 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, as if it were a corporation in part B of sub- title II of that title. (Pub. L. 93–638, title VIII, § 801, formerly title V, § 501, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2936; amended Pub. L. 108–267, § 1(a),(b)(2), July 2, 2004, 118 Stat. 797; re- numbered title VIII, § 801, Pub. L. 111–211, title II, § 231(d)(1), (2), July 29, 2010, 124 Stat. 2278.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (h)(3), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458ddd of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2004—Pub. L. 108–267, § 1(b)(2), substituted ‘‘National Fund for Excellence in American Indian Education’’ for ‘‘American Indian Education Foundation’’ in section catchline. Subsec. (a). Pub. L. 108–267, § 1(a), substituted ‘‘a foun- dation to be known as the ‘National Fund for Excel- lence in American Indian Education’ (hereinafter re- ferred to as the ‘Foundation’)’’ for ‘‘the American In- dian Education Foundation’’. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘American Indian Education Foundation Act of 2000’’, see section 1301 of Pub. L. 106–568, set out as a Short Title of 2000 Amendment note under section 5301 of this title. § 5422. Administrative services and support (a) Provision of support by Secretary Subject to subsection (b) of this section, dur- ing the 5-year period beginning on the date that the Foundation is established, the Secretary—