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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-505
_______________________________________________________________________


PROVIDING FOR CONTINUITY IN THE BOARD OF TRUSTEES OF THE INSTITUTE FOR 
 
     AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT

                                _______


 March 28, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


     Mr. Goodling, from the Committee on Economic and Educational 
                 Opportunities, submitted the following

                              R E P O R T

                        [To accompany H.R. 3049]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Economic and Educational Opportunities, to 
whom was referred the bill (H.R. 3049) to amend section 1505 of 
the Higher Education Act of 1965 to provide for the continuity 
of the Board of Trustees of the Institute of American Indian 
and Alaska Native Culture and Arts Development, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                         Purpose of Legislation

    The purpose of this Act is to amend section 1505 of the 
Higher Education Amendments of 1986 to provide for the 
continuity of the Board of Trustees of the Institute of 
American Indian and Alaska Native Culture and Arts Development.

                           Legislative Action

    H.R. 3049 was introduced by Mr. Goodling on March 7, 1996. 
On March 14, 1996, the Committee on Economic and Educational 
Opportunities assembled to consider H.R. 3049. The Committee 
adopted the bill on a voice vote.

          Background and Need for Legislation/Committee Views

    The Institute for American Indian Arts (the Institute) is a 
federally created institution of higher education, authorized 
under Title XV of the Higher Education Amendments of 1986. Its 
primary purposes are to provide scholarly study of and 
instruction in Indian arts and culture and to establish 
programs which culminate in the awarding of degrees in the 
various fields of Indian art and culture. Policy for the 
Institute is set by a board of trustees (the Board) made up of 
13 voting members, appointed by the President with the advice 
and consent of the Senate, and 6 non-voting members, including 
Members of Congress.
    Unfortunately, the board appointment process has proven to 
be overly cumbersome and the appointment of voting members to 
the Board has not historically been made in a timely manner. 
This has led to a situation where board members feel compelled 
to serve additional terms in order to maintain a quorum for the 
purposes of doing business, and has threatened the continuity 
of the Board. H.R. 3049 is needed to correct this problem.
    This legislation makes a simple correction to Section 1505 
of the Higher Education Amendments of 1986 to allow the Board 
to recommend successors for Board members whose terms are 
expiring and who do not wish to serve additional terms. The 
President would have the prerogative to act on these 
recommendations, or to appoint another qualified individual of 
his choosing subject to confirmation by the Senate.
    However, should the President fail to act within two months 
of the expiration of the sitting member's term, and should that 
member not wish to serve an additional term, then the 
individual recommended for appointment by the Board would be 
automatically seated.
    This legislation makes a simple, commonsense correction to 
the Institute's board appointment process. It was requested of 
the Committee by the Interim President of the Institute, who is 
concerned that without this change the Board may not be able to 
maintain a quorum and the Institute and its students might 
suffer.
    In reporting this legislation, the Committee is pleased to 
make a small contribution to the effort to make the federal 
government more responsive and less burdensome for those it is 
intended to serve. For the Institute, this small step will make 
a real difference as it prepares the next generation for 
preserving an important part of our heritage.

                                Summary

    H.R. 3049 amends Section 1505 (i) of the Higher Education 
Amendments of 1986 to allow the Board of Trustees (the Board) 
of the Institute of American Indian Arts to recommend to the 
President replacements to fill vacancies on the Board when a 
member's term expires. Under H.R. 3049, should the President 
fail to appoint new members to the Board in a timely manner, 
and should a member whose term is expiring refuse 
reappointment, the person recommended by the Board would 
automatically be deemed seated on the Board.

                           Section-by-Section

    Section 1 (1) amends Section 1505 (i) (1) of the Higher 
Education Amendments of 1986 to allow the Board of Trustees 
(the Board) to make recommendations for appointments to the 
Board to fill expiring terms in the event that a member whose 
term is expiring declines reappointment.
    Section 1 (2) amends Section 1505 (i) (2) of the Higher 
Education Amendments of 1986 such that, if the President fails 
to act on a nomination within 60 days from the date the 
member's term expires, and if the member refuses reappointment, 
the individual recommended for appointment by the Board under 
Paragraph (1) is automatically deemed to have been appointed to 
a full term with all the appropriate rights and 
responsibilities.

                  Oversight Findings of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives and clause 2(b)(1) of 
rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the body of this report.

                     Inflationary Impact Statement

    In compliance with clause 2(l)(4) of Rule XI of the Rules 
of the House of Representatives, the Committee estimates that 
the enactment into law of H.R. 3049 will have no significant 
inflationary impact on prices and costs in the operation of the 
national economy. It is the judgment of the Committee that the 
inflationary impact of this legislation as a component of the 
federal budget is negligible.

                    Government Reform and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3049.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 3049. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                Application of Law to Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill provides for the continuity of the Board of 
Trustees of the Institute of American Indian and Alaska Native 
Culture and Arts Development. The bill does not prohibit 
legislative branch employees from otherwise being eligible to 
serve on the Board.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates; the bill provides 
for the continuity of the Board and as such does not contain 
any unfunded mandates. The Committee also received a letter 
regarding unfunded mandates from the Director of the 
Congressional Budget Office. See infra.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of clause 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 3049 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 22, 1996.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office (CBO) 
has reviewed H.R. 3049, a bill to provide for the continuity of 
the Board of Trustees of the Institute of American Indian and 
Alaska Native Culture and Arts Development, as ordered reported 
by the Committee on Economic and Educational Opportunities on 
March 14, 1996. H.R. 3049 would alter the current process for 
filling vacancies on the Board of Trustees at the federally-
chartered and federally-funded Institute of American Indian and 
Alaska Native Culture and Arts Development.
    CBO estimates that enactment of H.R. 3049 would have no 
effect on the federal budget. Because enactment of H.R. 3049 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply.
    The bill contains no intergovernmental mandates as defined 
in P.L. 104-4 and would have no direct impact on the budgets of 
state, local, or tribal governments. Furthermore, this bill 
would not impose an unfunded mandate on the private sector.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah 
Kalcevic.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

        SECTION 1505 OF THE HIGHER EDUCATION AMENDMENTS OF 1986

SEC. 1505. BOARD OF TRUSTEES.

    (a) * * *
          * * * * * * *
    (i) Appointment Exception for Continuity.--
          (1) In order to maintain the stability and continuity 
        of the Board, the Board shall have the power to 
        recommend the continuation of members on the Board 
        pursuant to the provisions of this subsection or to 
        recommend another individual if the member does not 
        consent to be reappointed. When the Board makes such a 
        recommendation, the Chairman of the Board shall 
        transmit the recommendation to the President no later 
        than 75 days prior to the expiration of the term of the 
        member.
          [(2) If the President has not transmitted to the 
        Senate a nomination to fill the position of a member 
        covered by such a recommendation within 60 days from 
        the date that the member's term expires, the member 
        shall be deemed to have been reappointed for another 
        full term to the Board, with all the appropriate rights 
        and responsibilities.]
          (2) If the President has not transmitted to the 
        Senate a nomination to fill the position of a member 
        covered by such a recommendation within 60 days from 
        the date that the member's term expires--
                  (A) if the member consents to reappointment, 
                the member shall be deemed to have been 
                reappointed for another full term to the Board, 
                with all the appropriate rights and 
                responsibilities; or
                  (B) if the member does not consent to 
                reappointment, an individual recommended by the 
                Board under paragraph (1) shall be deemed to 
                have been appointed for a full term to the 
                Board with all the appropriate rights and 
                responsibilities.
          * * * * * * *