25 USC 5412 - Indian Law Enforcement Foundation

U.S Code last checked for updates: May 01, 2024

§ 5412.

Indian Law Enforcement Foundation

(a)

Establishment

(1)

In general

(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

(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

(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

(2)

Powers

(3)

Selection

(A)

In general

(B)

Requirements

(i)

Number of 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

(C)

Compensation

(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

(B)

Appointment

(3)

Election

(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

(2)

Activities; offices

(j)

Service of process

(k)

Liability of officers, employees, and agents

(1)

In general

(2)

Personal liability

(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

(4)

Status

(m)

Audits

(n)

Funding

(Pub. L. 93–638, title VII, § 702, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2274.)

cite as: 25 USC 5412