25 USC 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 Foundation”.
(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 purposes 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 federally chartered corporation; and
(2) shall not be an agency or instrumentality of the United States.
(c) Place of incorporation and domicile
Terms Used In 25 USC 5412
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Personal property: All property that is not real property.
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
The Foundation shall be incorporated and domiciled in the District of Columbia.
(d) Duties
The Foundation shall—
(1) encourage, accept, and administer, in accordance with the terms of each donation, private 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 governments in funding and conducting activities and providing education to advance and support the provision of public safety and justice services in American Indian and Alaska Native communities.
(e) Committee for the Establishment of the Indian Law Enforcement Foundation
(1) In general
The Secretary shall establish a committee, to be known as the “Committee for the Establishment of the Indian Law Enforcement Foundation”, to assist the Secretary in establishing the Foundation.
(2) Duties
Not later than 180 days after July 29, 2010, 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 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 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.
(f) 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 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 Committee not later than 180 days after the date on which the Foundation is established; and
(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 justice in Indian and Alaska Native communities.
(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.
(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 direction of the Board, as the chief operating officer of the Foundation.
(B) Appointment
The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation 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 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 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.
(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 Foundation.
(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 authority of the officers, employees, and agents.
(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.
(l) 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 the percentage described in paragraph (2) of the sum of—
(A) the amounts transferred to the Foundation under subsection (n) during the preceding 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 percent; and
(C) for each fiscal year thereafter, 15 percent.
(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 considered 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 corporation 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.