text: 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.
target: 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.
feat_title: A bill to establish the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation, and for other purposes.