25 U.S.C. § 5412 — Indian Law Enforcement Foundation

Page 789 TITLE 25—INDIANS § 5412 (1) Board The term ‘‘Board’’ means the Board of Direc- tors of the Foundation. (2) Bureau The term ‘‘Bureau’’ means the Office of Jus- tice Services of the Bureau of Indian Affairs. (3) Committee The term ‘‘Committee’’ means the Com- mittee for the Establishment of the Indian Law Enforcement Foundation established under section 5412(e)(1) of this title. (4) Foundation The term ‘‘Foundation’’ means the Indian Law Enforcement Foundation established under section 5412 of this title. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 93–638, title VII, § 701, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2274.) Editorial Notes CODIFICATION Section was formerly classified to section 458ccc of this title prior to editorial reclassification and renum- bering as this section. § 5412. Indian Law Enforcement Foundation (a) Establishment (1) In general As soon as practicable after July 29, 2010, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation, to be known as the ‘‘Indian Law Enforcement Foun- dation’’. (2) Funding determinations No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall— (A) be taken into consideration for pur- poses of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or (B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians. (b) Nature of corporation The Foundation— (1) shall be a charitable and nonprofit feder- ally chartered corporation; and (2) shall not be an agency or instrumentality of the United States. (c) Place of incorporation and domicile The Foundation shall be incorporated and domiciled in the District of Columbia. (d) Duties The Foundation shall— (1) encourage, accept, and administer, in ac- cordance with the terms of each donation, pri- vate gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and (2) assist the Office of Justice Services of the Bureau of Indian Affairs and Indian tribal gov- ernments in funding and conducting activities and providing education to advance and sup- port the provision of public safety and justice services in American Indian and Alaska Na- tive communities. (e) Committee for the Establishment of the In- dian Law Enforcement Foundation (1) In general The Secretary shall establish a committee, to be known as the ‘‘Committee for the Estab- lishment of the Indian Law Enforcement Foundation’’, to assist the Secretary in estab- lishing the Foundation. (2) Duties Not later than 180 days after July 29, 2010, the Committee shall— (A) carry out such activities as are nec- essary to incorporate the Foundation under the laws of the District of Columbia, includ- ing acting as incorporators of the Founda- tion; (B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established; (C) establish the constitution and initial bylaws of the Foundation; (D) provide for the initial operation of the Foundation, including providing for tem- porary or interim quarters, equipment, and staff; and (E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. (f) Board of Directors (1) In general The Board of Directors shall be the gov- erning body of the Foundation. (2) Powers The Board may exercise, or provide for the exercise of, the powers of the Foundation. (3) Selection (A) In general Subject to subparagraph (B), the number of members of the Board, the manner of se- lection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the con- stitution and bylaws of the Foundation. (B) Requirements (i) Number of members The Board shall be composed of not less than 7 members. (ii) Initial voting members The initial voting members of the Board— (I) shall be appointed by the Com- mittee not later than 180 days after the date on which the Foundation is estab- lished; and Page 790 TITLE 25—INDIANS § 5412 (II) shall serve for staggered terms. (iii) Qualification The members of the Board shall be United States citizens with knowledge or experience regarding public safety and jus- tice in Indian and Alaska Native commu- nities. (C) Compensation A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Founda- tion. (g) Officers (1) In general The officers of the Foundation shall be— (A) a Secretary, elected from among the members of the Board; and (B) any other officers provided for in the constitution and bylaws of the Foundation. (2) Chief operating officer (A) Secretary Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direc- tion of the Board, as the chief operating offi- cer of the Foundation. (B) Appointment The Board may appoint a chief operating officer in lieu of the Secretary of the Foun- dation under subparagraph (A), who shall serve at the direction of the Board. (3) Election The manner of election, term of office, and duties of the officers of the Foundation 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 the property of the Foun- dation and the regulation of the affairs of the Foundation; (2) may adopt and alter a corporate seal; (3) may enter into contracts; (4) may acquire (through gift or otherwise), own, lease, encumber, and transfer real or per- sonal 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 Foun- dation. (i) Principal office (1) In general The principal office of the Foundation shall be located in the District of Columbia. (2) Activities; offices 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 Foun- dation. (j) Service of process The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. (k) Liability of officers, employees, and agents (1) In general The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of the au- thority of the officers, employees, and agents. (2) Personal liability A member of the Board shall be personally liable only for gross negligence in the perform- ance of the duties of the member. (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 shall not exceed the per- centage described in paragraph (2) of the sum of— (A) the amounts transferred to the Foun- dation under subsection (n) during the pre- ceding fiscal year; and (B) donations received from private sources during the preceding fiscal year. (2) Percentages The percentages referred to in paragraph (1) are— (A) for the first 2 fiscal years described in that paragraph, 25 percent; (B) for the following fiscal year, 20 per- cent; and (C) for each fiscal year thereafter, 15 per- cent. (3) Appointment and hiring The appointment of officers and employees of the Foundation shall be subject to the availability of funds. (4) Status A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be consid- ered to be an officer, employee, or agent of the United States. (m) Audits The Foundation shall comply with section 10101 of title 36 as if the Foundation were a cor- poration under part B of subtitle II of that title. (n) Funding For each of fiscal years 2011 through 2015, out of any unobligated amounts available to the Secretary, the Secretary may use to carry out this section not more than $500,000. (Pub. L. 93–638, title VII, § 702, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2274.) Editorial Notes CODIFICATION Section was formerly classified to section 458ccc–1 of this title prior to editorial reclassification and renum- bering as this section. 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