article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (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. In this Act: (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-- (A) a State; (B) the District of Columbia; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; (E) Guam; (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. (b) Board of Trustees.-- (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. (c) Term.-- (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. (f) Executive Director.-- (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''. (e) Scholarships.-- (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. (3) Reports.-- (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. (j) Program Priorities.-- (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.
summary: Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004 - Establishes as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation to be located in Portland, Oregon, to: (1) develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments in the Nation; (4) establish a program for tribal goverance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government. Authorizes the Foundation to 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. Authorizes the Foundation to award scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal goverance, and Native Americans and Alaska Natives intending to pursue careers in tribal public policy. Authorizes the Foundation to award fellowships to: (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, and Native Americans and Alaska Natives intending to pursue advanced degrees in tribal public policy, law, or medicine; and (2) faculty from a variety of disciplines to bring their expertise to the Foundation. Authorizes the Foundation to award internships to deserving and qualified: (1) individuals to work in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals to work in Federal, State, and local agencies or in offices of major public health or public policy organizations. Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (4) invite visiting policymakers to share practical experiences with the Foundation. Establishes in the Treasury the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation.