[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 555 Referred in House (RFH)]
1st Session
S. 555
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2003
Referred to the Committee on Resources, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To establish the Native American Health and Wellness 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 ``Native American Health and Wellness
Foundation Act of 2003''.
SEC. 2. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION.
(a) In General.--The Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end
the following:
``TITLE VIII--NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the Board of Directors
of the Foundation.
``(2) Committee.--The term `Committee' means the Committee
for the Establishment of Native American Health and Wellness
Foundation established under section 802(f).
``(3) Foundation.--The term `Foundation' means the Native
American Health and Wellness Foundation established under
section 802.
``(4) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(5) Service.--The term `Service' means the Indian Health
Service of the Department of Health and Human Services.
``SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION.
``(a) In General.--As soon as practicable after the date of
enactment of this title, the Secretary shall establish, under the laws
of the District of Columbia and in accordance with this title, the
Native American Health and Wellness Foundation.
``(b) Perpetual Existence.--The Foundation shall have perpetual
existence.
``(c) Nature of Corporation.--The Foundation--
``(1) shall be a charitable and nonprofit federally
chartered corporation; and
``(2) 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) Duties.--The Foundation shall--
``(1) encourage, accept, and administer private gifts of
real and personal property, and any income from or interest in
such gifts, for the benefit of, or in support of, the mission
of the Service;
``(2) undertake and conduct such other activities as will
further the health and wellness activities and opportunities of
Native Americans; and
``(3) participate with and assist Federal, State, and
tribal governments, agencies, entities, and individuals in
undertaking and conducting activities that will further the
health and wellness activities and opportunities of Native
Americans.
``(f) Committee for the Establishment of Native American Health and
Wellness Foundation.--
``(1) In general.--The Secretary shall establish the
Committee for the Establishment of Native American Health and
Wellness Foundation to assist the Secretary in establishing the
Foundation.
``(2) Duties.--Not later than 180 days after the date of
enactment of this section, the Committee shall--
``(A) carry out such activities as are necessary to
incorporate the Foundation under the laws of the
District of Columbia, including acting as incorporators
of the Foundation;
``(B) ensure that the Foundation qualifies for and
maintains the status required to carry out this
section, until 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 temporary 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.
``(g) Board of Directors.--
``(1) In general.--The Board of Directors shall be the
governing 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 selection
of the members (including the filling of vacancies),
and the terms of office of the members shall be as
provided in the constitution and bylaws of the
Foundation.
``(B) Requirements.--
``(i) Number of members.--The Board shall
have at least 11 members, who shall have
staggered terms.
``(ii) Initial voting members.--The initial
voting members of the Board--
``(I) shall be appointed by the
Committee not later than 180 days after
the date on which the Foundation is
established; and
``(II) shall have staggered terms.
``(iii) Qualification.--The members of the
Board shall be United States citizens who are
knowledgeable or experienced in Native American
health care and related matters.
``(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 Foundation.
``(h) 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) Secretary.--The secretary of the Foundation shall
serve, at the direction of the Board, as the chief operating
officer of the Foundation.
``(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.
``(i) Powers.--The Foundation--
``(1) shall adopt a constitution and bylaws for the
management of the property of the Foundation 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 a gift or otherwise), own,
lease, encumber, and transfer real or personal 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 Foundation.
``(j) Principal Office.--
``(1) In General.--The principal office of the Foundation
shall be 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 Foundation.
``(k) 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.
``(l) 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 their authority.
``(2) Personal liability.--A member of the Board shall be
personally liable only for gross negligence in the performance
of the duties of the member.
``(m) Restrictions.--
``(1) Limitation on spending.--Beginning with the fiscal
year following the first full fiscal year during which the
Foundation is in operation, the administrative costs of the
Foundation shall not exceed 10 percent of the sum of--
``(A) the amounts transferred to the Foundation
under subsection (o) 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.--A member of the Board or officer, employee,
or agent of the Foundation shall not by reason of association
with the Foundation be considered to be an officer, employee,
or agent of the United States.
``(n) Audits.--The Foundation shall comply with section 10101 of
title 36, United States Code, as if the Foundation were a corporation
under part B of subtitle II of that title.
``(o) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out subsection (e)(1) $500,000 for
each fiscal year, as adjusted to reflect changes in the
Consumer Price Index for all-urban consumers published by the
Department of Labor.
``(2) Transfer of donated funds.--The Secretary shall
transfer to the Foundation funds held by the Department of
Health and Human Services under the Act of August 5, 1954 (42
U.S.C. 2001 et seq.), if the transfer or use of the funds is
not prohibited by any term under which the funds were donated.
``SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT.
``(a) Provision of Support by Secretary.--Subject to subsection
(b), during the 5-year period beginning on the date on which the
Foundation is established, the Secretary--
``(1) may provide personnel, facilities, and other
administrative support services to the Foundation;
``(2) may provide funds 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 providing
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 facilities and necessary support services to the Foundation
after the termination of the 5-year period specified in subsection (a)
if the facilities and services--
``(1) are available; and
``(2) are provided on reimbursable cost basis.''.
(b) Technical Amendments.--The Indian Self-Determination and
Education Assistance Act is amended--
(1) by redesignating title V (as added by section 1302 of
the American Indian Education Foundation Act of 2000) (25
U.S.C. 458bbb et seq.)) as title VII;
(2) by redesignating sections 501, 502, and 503 (as added
by section 1302 of the American Indian Education Foundation Act
of 2000) as sections 701, 702, and 703, respectively; and
(3) in subsection (a)(2) of section 702 and paragraph (2)
of section 703 (as redesignated by paragraph (2)), by striking
``section 501'' and inserting ``section 701''.
Passed the Senate July 16, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.