---
kind: "section"
citation: "25 U.S.C. § 5412"
title: "25"
title_heading: "Indians"
number: "5412"
heading: "Indian Law Enforcement Foundation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5412"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter VI — Indian Law Enforcement Foundation"
---

# §5412. Indian Law Enforcement Foundation

- (a) **Establishment—**
  - (1) **In general—** As soon as practicable after July 29, 2010, the [Secretary](/usc/25/5411.md?p=5) shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a [foundation](/usc/25/5411.md?p=4), to be known as the “[Indian](/usc/25/5304.md?p=d) Law Enforcement [Foundation](/usc/25/5411.md?p=4)”.
  - (2) **Funding determinations—** No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the [Foundation](/usc/25/5411.md?p=4) shall—
    - (A) be taken into consideration for purposes of determining Federal appropriations relating to the provision of public safety or justice services to [Indians](/usc/25/5304.md?p=d); or
    - (B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to [Indians](/usc/25/5304.md?p=d).
- (b) **Nature of corporation—** The [Foundation](/usc/25/5411.md?p=4)—
  - (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—** The [Foundation](/usc/25/5411.md?p=4) shall be incorporated and domiciled in the District of Columbia.
- (d) **Duties—** The [Foundation](/usc/25/5411.md?p=4) 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](/usc/25/5304.md?p=d) and Alaska Native communities; and
  - (2) assist the Office of Justice Services of the [Bureau](/usc/25/5411.md?p=2) of [Indian](/usc/25/5304.md?p=d) Affairs and [Indian](/usc/25/5304.md?p=d) 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](/usc/25/5304.md?p=d) and Alaska Native communities.
- (e) **Committee for the Establishment of the Indian Law Enforcement Foundation—**
  - (1) **In general—** The [Secretary](/usc/25/5411.md?p=5) shall establish a [committee](/usc/25/5411.md?p=3), to be known as the “[Committee](/usc/25/5411.md?p=3) for the Establishment of the [Indian](/usc/25/5304.md?p=d) Law Enforcement [Foundation](/usc/25/5411.md?p=4)”, to assist the [Secretary](/usc/25/5411.md?p=5) in establishing the [Foundation](/usc/25/5411.md?p=4).
  - (2) **Duties—** Not later than 180 days after July 29, 2010, the [Committee](/usc/25/5411.md?p=3) shall—
    - (A) carry out such activities as are necessary to incorporate the [Foundation](/usc/25/5411.md?p=4) under the laws of the District of Columbia, including acting as incorporators of the [Foundation](/usc/25/5411.md?p=4);
    - (B) ensure that the [Foundation](/usc/25/5411.md?p=4) qualifies for and maintains the status required to carry out this section, until the date on which the [Board](/usc/25/5411.md?p=1) is established;
    - (C) establish the constitution and initial bylaws of the [Foundation](/usc/25/5411.md?p=4);
    - (D) provide for the initial operation of the [Foundation](/usc/25/5411.md?p=4), including providing for temporary or interim quarters, equipment, and staff; and
    - (E) appoint the initial members of the [Board](/usc/25/5411.md?p=1) in accordance with the constitution and initial bylaws of the [Foundation](/usc/25/5411.md?p=4).
- (f) **Board of Directors—**
  - (1) **In general—** The [Board](/usc/25/5411.md?p=1) of Directors shall be the governing body of the [Foundation](/usc/25/5411.md?p=4).
  - (2) **Powers—** The [Board](/usc/25/5411.md?p=1) may exercise, or provide for the exercise of, the powers of the [Foundation](/usc/25/5411.md?p=4).
  - (3) **Selection—**
    - (A) **In general—** Subject to [subparagraph (B)](#f-3-B), the number of members of the [Board](/usc/25/5411.md?p=1), 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](/usc/25/5411.md?p=4).
    - (B) **Requirements—**
      - (i) **Number of members—** The [Board](/usc/25/5411.md?p=1) shall be composed of not less than 7 members.
      - (ii) **Initial voting members—** The initial voting members of the [Board](/usc/25/5411.md?p=1)—
        - (I) shall be appointed by the [Committee](/usc/25/5411.md?p=3) not later than 180 days after the date on which the [Foundation](/usc/25/5411.md?p=4) is established; and
        - (II) shall serve for staggered terms.
      - (iii) **Qualification—** The members of the [Board](/usc/25/5411.md?p=1) shall be United States citizens with knowledge or experience regarding public safety and justice in [Indian](/usc/25/5304.md?p=d) and Alaska Native communities.
    - (C) **Compensation—** A member of the [Board](/usc/25/5411.md?p=1) 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](/usc/25/5411.md?p=4).
- (g) **Officers—**
  - (1) **In general—** The officers of the [Foundation](/usc/25/5411.md?p=4) shall be—
    - (A) a [Secretary](/usc/25/5411.md?p=5), elected from among the members of the [Board](/usc/25/5411.md?p=1); and
    - (B) any other officers provided for in the constitution and bylaws of the [Foundation](/usc/25/5411.md?p=4).
  - (2) **Chief operating officer—**
    - (A) **Secretary—** Subject to [subparagraph (B)](#g-2-B), the [Secretary](/usc/25/5411.md?p=5) of the [Foundation](/usc/25/5411.md?p=4) may serve, at the direction of the [Board](/usc/25/5411.md?p=1), as the chief operating officer of the [Foundation](/usc/25/5411.md?p=4).
    - (B) **Appointment—** The [Board](/usc/25/5411.md?p=1) may appoint a chief operating officer in lieu of the [Secretary](/usc/25/5411.md?p=5) of the [Foundation](/usc/25/5411.md?p=4) under [subparagraph (A)](#g-2-A), who shall serve at the direction of the [Board](/usc/25/5411.md?p=1).
  - (3) **Election—** The manner of election, term of office, and duties of the officers of the [Foundation](/usc/25/5411.md?p=4) shall be as provided in the constitution and bylaws of the [Foundation](/usc/25/5411.md?p=4).
- (h) **Powers—** The [Foundation](/usc/25/5411.md?p=4)—
  - (1) shall adopt a constitution and bylaws for the management of the property of the [Foundation](/usc/25/5411.md?p=4) and the regulation of the affairs of the [Foundation](/usc/25/5411.md?p=4);
  - (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](/usc/25/5411.md?p=4);
  - (5) may sue and be sued; and
  - (6) may perform any other act necessary and proper to carry out the purposes of the [Foundation](/usc/25/5411.md?p=4).
- (i) **Principal office—**
  - (1) **In general—** The principal office of the [Foundation](/usc/25/5411.md?p=4) shall be located in the District of Columbia.
  - (2) **Activities; offices—** The activities of the [Foundation](/usc/25/5411.md?p=4) may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the [Foundation](/usc/25/5411.md?p=4).
- (j) **Service of process—** The [Foundation](/usc/25/5411.md?p=4) shall comply with the law on service of process of each State in which the [Foundation](/usc/25/5411.md?p=4) is incorporated and of each State in which the [Foundation](/usc/25/5411.md?p=4) carries on activities.
- (k) **Liability of officers, employees, and agents—**
  - (1) **In general—** The [Foundation](/usc/25/5411.md?p=4) shall be liable for the acts of the officers, employees, and agents of the [Foundation](/usc/25/5411.md?p=4) acting within the scope of the authority of the officers, employees, and agents.
  - (2) **Personal liability—** A member of the [Board](/usc/25/5411.md?p=1) 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](/usc/25/5411.md?p=4) is in operation, the administrative costs of the [Foundation](/usc/25/5411.md?p=4) shall not exceed the percentage described in [paragraph (2)](#l-2) of the sum of—
    - (A) the amounts transferred to the [Foundation](/usc/25/5411.md?p=4) under [subsection (n)](#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)](#l-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](/usc/25/5411.md?p=4) shall be subject to the availability of funds.
  - (4) **Status—** A member of the [Board](/usc/25/5411.md?p=1) or officer, employee, or agent of the [Foundation](/usc/25/5411.md?p=4) shall not by reason of association with the [Foundation](/usc/25/5411.md?p=4) be considered to be an officer, employee, or agent of the United States.
- (m) **Audits—** The [Foundation](/usc/25/5411.md?p=4) shall comply with [section 10101 of title 36](/usc/36/10101.md) as if the [Foundation](/usc/25/5411.md?p=4) 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](/usc/25/5411.md?p=5), the [Secretary](/usc/25/5411.md?p=5) may use to carry out this section not more than $500,000.

## Source credit

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

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 458ccc–1 of this title prior to editorial reclassification and renumbering as this section.