§5412 Indian Law Enforcement Foundation

Summary

The Secretary must create a nonprofit called the Indian Law Enforcement Foundation under District of Columbia law as soon as possible after July 29, 2010. It will be a charitable corporation, not a U.S. government agency, and its main office will be in Washington, D.C. The Foundation will take and manage private gifts and income to support public safety and justice work in American Indian and Alaska Native communities. Any gifts or income it gets cannot be counted against federal funding or reduce the federal government’s responsibility to provide public safety or justice services to Indians. The Secretary must also form a committee to set up the Foundation. That committee had to finish the incorporation steps and initial rules within 180 days after July 29, 2010, and appoint the first voting Board members within 180 days after the Foundation is established. The Board will run the Foundation, must have at least 7 members who are U.S. citizens with experience in tribal public safety or justice, and members are unpaid but can be reimbursed for travel. The Foundation can make rules, enter contracts, handle property, hire staff, sue and be sued, and operate across the United States. The Foundation is responsible for its staff’s actions; Board members are personally liable only for gross negligence. Once the Foundation has one full year of operation, its administrative costs may not exceed a percentage of the previous year’s federal transfer plus private donations: 25% for the first two years, 20% for the next year, and 15% thereafter. The Foundation must follow federal audit rules. For fiscal years 2011 through 2015, the Secretary may provide up to $500,000 per year from available unobligated funds to help carry out these rules.