INSTITUTE OF AMERICAN INDIAN NATIVE CULTURE AND ARTS DEVELOPMENT.

SEC. 1331. INSTITUTE OF AMERICAN INDIAN NATIVE CULTURE AND ARTS DEVELOPMENT. (a) Board of Directors.— Section 1505 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4412) is amended— (1) in subsection (a)(1)A)— (A) by striking “The voting” and inserting “Subject to the provisions of subsection (i), the voting”; and (B) by inserting before the period at the end thereof a comma and the following: “and diverse fields of expertise, including finance, law, fine arts, and higher education administration”; (2) by redesignating paragraph (3) of subsection (a) as paragraph (4); (3) by inserting after paragraph (2) of subsection (a) the following new paragraph: “(3) The President shall carry out the activities described in subparagraphs (B) and (C) of paragraph (2) through the Board. The Board may make recommendations based upon the nominations received, may make recommendations of its own, and may review and make comments to the President or the President’s appointed staff on individuals being considered by the President for whom no nominations have been received.”; and (4) by striking subsection (i) and inserting the following: 106 STAT. 806 “(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. 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. “(3) This subsection shall not be construed to permit less than 7 members of the Board to be Indians. If an extension of a term under paragraph (2) would result in less than 7 members being Indians, the term of the member covered by paragraph (2) shall be deemed to expire 60 days after the date upon which it would have been deemed to expire without the operation of this subsection, except that the provisions of subsection (b)(4), relating to continuation of service pending replacement, shall continue to apply.”. (b) General Powers of Board.— Section 1507 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4414) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively; (B) by striking paragraph (2) and inserting the following: “(2) to make agreements and contracts with persons, Indian tribes, and private or governmental entities and to make payments or advance payments under such agreements or contract without regard to section 3324 of title 31, United States Code; “(3) any other provision of law to the contrary not-withstanding, to enter into joint development ventures with public or private commercial or noncommercial entities for development of facilities to meet the plan required under section 1519, if the ventures are related to and further the mission of the Institute;”; and (C) by striking paragraph (13) (as redesignated in subparagraph (A)) and inserting the following: “(13) to use any funds or property received by the Institute to carry out the purpose of this title, including the authority to designate on an annual basis a portion, not to exceed 10 percent, of the funds appropriated pursuant to section 1531 for investment, without regard to any other provision of law regarding investment or disposition of federally appropriated funds, on a short-term basis for the purpose of maximizing yield and liquidity of such funds; and”; and (2) in subsection (c), by striking “may be expended” and inserting “shall be expended”. (c) Staff of Institute.— Section 1509(b)(2) of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4416(b)(2)) is amended to read as follows: “(2) The President of the Institute shall fix the basic compensation for officers and employees of the Institute at rates 106 STAT. 807comparable to the rates in effect under the General Schedule for individuals with comparable qualifications and positions, to whom chapter 51 of title 5, United States Code applies. If the Board determines that such action is necessary for purposes of recruitment or retention of officers or employees necessary to the functions of the Institute, the Board is authorized, by formal action, to establish a rate of, or a range for, basic compensation that is comparable to the rate of compensation paid to officers or employees having similar duties and responsibilities in other institutions of higher education”. (d) Functions of Institute.— Section 1510(b) of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4417(b)) is amended to read as follows: “(b) Administrative Entities.— “(1) The Board shall be responsible for establishing the policies and internal organization that relate to the control and monitoring of all subdivisions, administrative entities, and departments of the Institute. “(2) The specific responsibilities of each subdivision, entity, and department of the Institute are solely within the discretion of the Board, or its designee. “(3) The Board shall establish, within the Institute, departments for the study of culture and arts and for research and exchange, and a museum. The Board shall establish the areas of competency for the departments created under this paragraph, which may include (but are not limited to) Departments of Arts and Sciences, Visual Arts, Performing Arts, Language, Literature and Museology and a learning resources center, programs of institutional support and development, research programs, fellowship programs, seminars, publications, scholar--in-residence programs and inter-institutional programs of cooperation at national and international levels.”. (e) Indian Preference.— Section 1511(a) of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4418(a)) is amended by inserting “develop a policy or policies for the Institute to” after “is authorized to”. (f) Transfer of Functions.— Section 1514 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4421) is amended— (1) in subsection (b)(1), by striking “All personnel” and inserting “Subject to subsection (d), all personnel”; and (2) in subsection (d)(2), by striking “monetary damage” and inserting “monetary damages”. (g) Reports.— Section 1515(b) of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4422(b)) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3). (h) Headquarters.— Section 1516 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4423) is amended— (1) by striking “The site of the Institute of American Indian Arts, at”; and (2) by striking “the Secretary” and inserting “the Board”. 106 STAT. 808 (i) Compliance With Other Acts.— Section 1517 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4424) is amended— (1) by redesignating the text of subsection (c) as paragraph (1) of such subsection; and (2) by adding at the end thereof the following new paragraph: “(2) The Institute shall not be subject to any provision of law requiring that non-Federal funds or other moneys be used in part to fund any grant, contract, cooperative agreement, or project as a condition to the application for, or receipt of, Federal assistance. This subsection shall not be construed to effect in a negative fashion the review, prioritization, or acceptance of any application or proposal for such a program, solicited or unsolicited.”. (j) Endowment Program.— Section 1518 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4425) is amended— (1) in subsection (a)(3)— (A) by striking “the date of enactment of this Act” and inserting “November 29, 1990”; and (B) by inserting after the last sentence the following new sentence: “All funds transferred to the Institute by the Secretary of the Treasury after June 2, 1988, shall be deemed to have been properly transferred as of the date of enactment of the Higher Education Amendments of 1992.”; (2) in subsection (b)(4), by inserting “, non-Federal governmental,” after “any private”; and (3) in subsection (c)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: “(3) Any amounts deposited in a trust fund authorized under subsection (a) may be used to secure loans procured for the purposes of constructing or improving Institute facilities.”. (k) Provision of Facilities.— Part A of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4411 et seq.) is amended by adding at the end the following new section: “SEC. 1519. PROVISION OF FACILITIES. “(a) Plan.— The Board shall prepare a master plan on the short- and long-term facilities needs of the Institute. The master plan shall include evaluation of all facets of existing Institute programs, including support activities and programs and facilities. The master plan shall include impact projections for the Institute’s move to a new campus site. This master plan shall evaluate development and construction requirements (based on a growth plan approved by the Board), including (but not limited to) items such as infrastructure and site analysis, development of a phased plan with architectural and engineering studies, cost projections, landscaping, and related studies which cover all facets of the Institute’s programs and planned functions. “(b) Deadline for Transmittal.— The plan required by this subsection shall be transmitted to Congress no later than 18 months 106 STAT. 809after the date of enactment of this provision. Such plan shall include a prioritization of needs, as determined by the Board.”.