119-hr4085

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4085 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4085

To establish Haskell Indian Nations University as a federally chartered 
educational institution to fulfill the treaty and trust responsibility 
 of the Federal Government to Indians, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 23, 2025

 Mr. Mann (for himself and Mr. Schmidt) introduced the following bill; 
which was referred to the Committee on Education and Workforce, and in 
 addition to the Committees on Ways and Means, and Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
 the committee concerned

_______________________________________________________________________

 A BILL

To establish Haskell Indian Nations University as a federally chartered 
educational institution to fulfill the treaty and trust responsibility 
 of the Federal Government to Indians, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Haskell Indian Nations University 
Improvement Act''.

SEC. 2. FINDINGS.

 Congress finds that--

    (1) a high quality, culturally relevant education for 
 Indians is essential for the survival and strengthening of 
 Indian Tribes and Indian nations throughout the United States;

    (2) the Haskell Indian Industrial Training School was 
 established by the United States Army in 1884, with the School 
 renamed the Haskell Institute in 1887 and operated as an 
 elementary and high school for Indian children until 1965;

    (3) in 1967--
        (A) the curriculum of the Haskell Institute evolved 
 to offer 2-year degrees; and
        (B) the Institute was renamed Haskell Indian Junior 
 College;

    (4) over the years, the Haskell Indian Junior College--
        (A) continued to develop and begin offering 4-year 
 bachelor's degrees in 4 areas of study;
        (B) received accreditation; and
            (C) in 1993, was renamed Haskell Indian Nations 
 University (referred to in this section as the 
 ``University'');

    (5) the University has been a unique Federal educational 
 institution within the Bureau of Indian Education that is 
 managed by the Secretary and funded through appropriations by 
 Congress;

    (6) the University provides tuition-free higher education 
 services to more than 900 Indian students every year who 
 represent approximately 140 Indian nations and Indian Tribes 
 throughout the United States;

    (7) the 320-acre campus of the University is located in 
 Lawrence, Kansas, with 12 of the 44 total buildings of the 
 University listed as National Historic Landmarks;

    (8) unlike many other public and private institutions of 
 higher education, the University is solely dependent on Federal 
 funding;

    (9) in recent years, the Bureau of Indian Education and the 
 administration of the University have struggled--
        (A) to fulfill the educational mission of the 
 University to its Indian students;
        (B) to maintain the facilities of the University in 
 good repair and operation; and
            (C) to maintain the extracurricular programs of the 
 University;

    (10) the administration of the University has failed to 
 properly manage the funds under its custody or to provide a 
 safe and secure environment for its students, subjecting the 
 University to recent congressional inquiry; and

    (11) in order for the Federal Government to fulfill its 
 responsibilities to provide a high quality education to 
 Indians, it is desirable to establish the University as a 
 federally chartered corporation with an independent board of 
 trustees to operate the University, with financial support from 
 the Federal Government and the opportunity to raise private 
 funds to support the educational mission of the University.

SEC. 3. PURPOSES.

 The purposes of this Act are--

    (1) to establish Haskell Indian Nations University as a 
 federally chartered educational institution;

    (2) to provide the University with independence from the 
 management authority of the Bureau of Indian Education and 
 improve the ability of the University to provide a high-quality 
 education to Indian students;

    (3) to establish the University with the tax status of a 
 charitable organization to accept private donations; and

    (4) to affirm the treaty and trust responsibility of the 
 Federal Government to Indians.

SEC. 4. DEFINITIONS.

 In this Act:

    (1) Appropriate committees of congress.--The term 
 ``appropriate committees of Congress'' means--
        (A) the Committee on Appropriations of the Senate;
        (B) the Committee on Heath, Education, Labor, and 
 Pensions of the Senate;
            (C) the Committee on Indian Affairs of the Senate;
            (D) the Committee on Appropriations of the House of 
 Representatives;
        (E) the Committee on Education and Workforce of the 
 House of Representatives; and
        (F) the Committee on Natural Resources of the House 
 of Representatives.

    (2) Board.--The term ``Board'' means the Board of Trustees 
 of the University established by 

section 8

    (a) .

    (3) Contribution.--The term ``contribution'' means a 
 monetary payment made by the University towards the health and 
 retirement plans of an employee of the University.

    (4) Indian tribe.--The term ``Indian Tribe'' means an 
 Indian or Alaska Native tribe, band, nation, pueblo, village, 
 or community that the Secretary recognizes as an Indian Tribe 
 pursuant to 

section 104

    (a) of the Federally Recognized Indian 
 Tribe List Act of 1994 (25 U.S.C. 5131

    (a) ).

    (5) Indian tribes of kansas.--The term ``Indian Tribes of 
 Kansas'' means--
        (A) the Prairie Band Potawatomi Nation;
        (B) the Kickapoo Tribe of Indians of the Kickapoo 
 Reservation in Kansas;
            (C) the Sac and Fox Nation of Missouri in Kansas 
 and Nebraska; and
            (D) the Iowa Tribe of Kansas and Nebraska.

    (6) ISDEAA terms.--The terms ``Indian'' and ``Tribal 
 organization'' have the meanings given those terms in 

section 4 
 of the Indian Self-Determination and Education Assistance Act 
 (25 U.S.C. 5304).

    (7) Legacy institution.--The term ``legacy institution'' 
 means the Haskell Indian Nations University, as operated by the 
 Bureau of Indian Education before the date of enactment of this 
 Act.

    (8) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (9) University.--Except as provided in 

section 2, the term 
 ``University'' means the Haskell Indian Nations University, the 
 federally chartered corporation established by 

section 5

    (a) .

SEC. 5. ESTABLISHMENT OF HASKELL INDIAN NATIONS UNIVERSITY AS A 
 FEDERALLY CHARTERED CORPORATION.

    (a) In General.--There is established a federally chartered 
corporation, to be known as the ``Haskell Indian Nations University'', 
which shall be under the direction and control of the Board.

    (b) Succession; Amendment of Charter.--

    (1) Succession.--The University shall have succession until 
 dissolved by an Act of Congress.

    (2) Amendment of charter.--Congress may revise or amend the 
 charter of the University.

SEC. 6. FUNCTIONS OF UNIVERSITY.

    (a) Primary Functions.--The primary functions of the University 
shall be--

    (1) to provide tuition-free, scholarly study for Indians; 
 and

    (2) to establish programs that culminate in the awarding of 
 degrees and certificates in the various fields for which the 
 University is accredited.

    (b) Administrative Entities.--

    (1) In general.--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 University.

    (2) Responsibility of board.--The specific responsibilities 
 of each subdivision, entity, and department of the University 
 are solely within the discretion of the Board, or the designee 
 of the Board.

    (3) Departments of study.--The Board shall establish, 
 within the University, departments of study.
            (c) Other Programs.--In addition to the departments and programs 
described in subsection

    (b) , the University shall develop such 
departments and programs as the Board, or the designee of the Board, 
determines are necessary.

SEC. 7. RELATIONSHIP TO SECRETARY OF THE INTERIOR.

 The Secretary shall provide grants and related assistance to the 
University.

SEC. 8. BOARD OF TRUSTEES.

    (a) Establishment.--There is established a Board of Trustees for 
the University.

    (b) Composition.--

    (1) In general.--The Board shall be composed of 15 voting 
 members and 1 nonvoting member, in accordance with the 
 following:
        (A) Voting members.--
            (i) In general.--In accordance with the 
 procedures established by the Secretary under 
 paragraph

    (2)
        (B) , the voting members of the 
 Board shall be appointed by the President, by 
 and with the advice and consent of the Senate, 
 from among individuals who--
            (I) are enrolled members of Indian 
 Tribes;
            (II) are widely recognized in the 
 field of education, as determined by 
 the President; and
            (III) represent diverse fields of 
 expertise, including finance, law, 
 higher education, and Tribal 
 leadership.
            (ii) Initial appointments.--Of the voting 
 members of the Board first appointed under 
 clause
            (i) --
            (I) 12 shall be designees of each 
 of the 12 regions of the Bureau of 
 Indian Affairs in existence as of the 
 date of enactment of this Act;
            (II) 1 shall be a designee of the 
 Indian Tribes of Kansas;
            (III) 1 shall be a member of the 
 Haskell Indian Nations University 
 Alumni Association; and
            (IV) 1 shall be an at-large member 
 of an Indian Tribe.
        (B) Nonvoting member.--The nonvoting member of the 
 Board shall be the president of the student body of the 
 University, ex officio.

    (2) Requirements for appointment of voting members.--
        (A) In general.--In appointing the voting members 
 of the Board under paragraph

    (1)
        (A) , the President 
 shall--
            (i) consult with Indian Tribes and Tribal 
 organizations;
            (ii) publish in the Federal Register an 
 announcement of the expiration of terms not 
 less than 120 days before that expiration;
            (iii) solicit nominations from members of 
 Indian Tribes and Tribal organizations in each 
 of the 12 regions of the Bureau of Indian 
 Affairs in existence as of the date of 
 enactment of this Act;
            (iv) give due consideration to the 
 appointment of individuals who will provide 
 appropriate regional and Tribal representation 
 on the Board; and
            (v) ensure that those members are enrolled 
 members of Indian Tribes.
        (B) Nomination procedures.--
            (i) In general.--Not later than 90 days 
 after the date of enactment of this Act, the 
 Secretary shall establish, and publish in the 
 Federal Register, procedures for facilitating 
 nominations to the Board described in 
 subparagraph
        (A)
            (iii) .
            (ii) Requirements.--The nomination 
 procedures established pursuant to clause
            (i) shall establish the following:
            (I) A date, which shall be not 
 later than 60 days after the date on 
 which the procedures are established, 
 by which members of Indian Tribes and 
 Tribal organizations described in 
 subparagraph
        (A)
            (iii) shall submit 
 nominations for the Board.
            (II) A date, which shall be not 
 later than 90 days after the date 
 described in subclause
            (I) , by which 
 the nominations described in that 
 subclause shall be submitted to the 
 President.
            (III) Procedures by which the 
 President shall review nominations 
 described in subclause
            (II) , including 
 the conduct of interviews.
            (IV) A date, which shall be not 
 later than 90 days after the date 
 described in subclause
            (II) , by which 
 the President shall appoint the voting 
 members of the Board under paragraph

    (1)
        (A)
            (i) from among the nominations 
 described in subclause
            (II) .
            (iii) No submission of nomination from 
 certain regions.--If no nomination is received 
 from a geographic region of the Bureau of 
 Indian Affairs under subparagraph
        (A)
            (iii) , the 
 President shall appoint to the Board under 
 paragraph

    (1)
        (A) an individual from that 
 geographic region that--
            (I) notwithstanding subclause
            (I) of clause
            (i) of that paragraph, is not 
 a member of an Indian Tribe; and
            (II) meets the qualifications 
 described in subclauses
            (II) and
            (III) of that clause.
            (C) Carrying out requirements through the board.--
            (i) In general.--The President shall carry 
 out the requirements described in clauses
            (ii) and
            (iii) of subparagraph
        (A) through the 
 Board.
            (ii) Recommendations by board.--The Board 
 shall--
            (I) make recommendations to the 
 President based on the nominations 
 received from Indian Tribes and Tribal 
 organizations under subparagraph
        (A)
            (iii) ;
            (II) make recommendations of its 
 own; and
            (III) review and provide comments 
 to the President on individuals being 
 considered by the President for whom no 
 nominations have been received.

    (3) Nonvoting member.--The nonvoting member of the Board 
 shall be entitled--
        (A) to attend all meetings of the Board; and
        (B) to provide advice to the Board on any matter 
 relating to the University.

    (4) Background checks; minimum standards.--
        (A) Background checks for initial members.--
            (i) In general.--The initial members 
 nominated or appointed to the Board under 
 paragraph

    (1)
        (A)
            (i) shall undergo a background 
 check in accordance with this subparagraph.
            (ii) Requirements.--A background check 
 conducted pursuant to clause
            (i) shall--
            (I) be facilitated by the Secretary 
 of Education;
            (II) include a fingerprint check 
 conducted by the Federal Bureau of 
 Investigation; and
            (III) include an investigation 
 conducted by the Office of Personnel 
 Management.
        (B) Minimum standards for successive members.--In 
 the bylaws of the Board established under subsection

    (h)

    (3) , the Board shall establish minimum standards for 
 the conduct of background checks for successive members 
 of the Board nominated and appointed pursuant to a 
 vacancy on the Board under subsection
            (d) , which 
 shall--
            (i) be equivalent to background check 
 standards carried out by Federal education 
 agencies; and
            (ii) allow the Board to contract services 
 from Federal agencies, including the Office of 
 Personnel Management, to conduct those 
 background checks.
            (c) Terms of Office.--

    (1) In general.--Except as otherwise provided in this 
 section, voting members of the Board shall be appointed for a 
 term of 6 years.

    (2) Restriction on terms.--Except as provided in subsection

    (j) , no member of the Board appointed under subsection

    (b)

    (1)
        (A)
            (i) shall be eligible to serve more than 3 consecutive 
 terms, subject to the condition that the member may continue to 
 serve until the successor of the member is appointed.
            (d) Vacancies.--A member of the Board appointed under subsection

    (b)

    (1)
        (A)
            (i) to fill a vacancy occurring before the expiration of the 
term to which the predecessor of the member was appointed shall be 
appointed--

    (1) for the remainder of that term; and

    (2) in the same manner as the original appointment was 
 made, in accordance with subsection

    (b)

    (1)
        (A)
            (ii) .

    (e) Removal.--

    (1) In general.--On a vote of \3/4\ of the members of the 
 Board, any member of the Board may be removed by the President 
 for neglect of duty or malfeasance in office.

    (2) No effect on powers of board.--A vacancy in the Board 
 shall not impair the right of the remaining members of the 
 Board to exercise the powers of the Board.

    (f) Chairman and Vice Chairman.--

    (1) In general.--The President shall designate the initial 
 Chairman and Vice Chairman of the Board from among the members 
 of the Board appointed under subsection

    (b)

    (1)
        (A)
            (i) , who shall 
 each serve for a term of 1 year.

    (2) Successive chairmen and vice chairmen.--On expiration 
 of the term of the initial Chairman and Vice Chairman of the 
 Board designated under paragraph

    (1) , the Chairman and Vice 
 Chairman shall--
        (A) be elected from among the members of the Board 
 appointed under subsection

    (b)

    (1)
        (A)
            (i) ; and
        (B) serve for a term of 2 years.

    (3) Vacancies.--In the case of a vacancy in the office of 
 Chairman or Vice Chairman of the Board--
        (A) the vacancy shall be filled by the members of 
 the Board appointed pursuant to subsection

    (b)

    (1)
        (A)
            (i) ; and
        (B) the member filling that vacancy shall serve for 
 the remainder of the unexpired term.

    (g) Quorum.--Unless otherwise provided by the bylaws of the 
University, a majority of the members of the Board appointed under 
subsection

    (b)

    (1)
        (A)
            (i) shall constitute a quorum.

    (h) Powers.--The Board may--

    (1) formulate the policy of the University;

    (2) direct the management of the University; and

    (3) make such bylaws and rules as the Board determines 
 necessary for the administration of its functions under this 
 Act, including the organization and procedures of the Board.
            (i) Compensation.--

    (1) In general.--Members of the Board appointed under 
 subsection

    (b)

    (1)
        (A)
            (i) shall, for each day the members are 
 engaged in the performance of the duties under this Act, 
 receive compensation per day, including travel time, at a rate 
 specified by the Board, which shall be--
        (A) determined in consultation with the Secretary; 
 and
        (B) published through an official notice after the 
 rate is finalized.

    (2) Travel expenses.--All members of the Board, while 
 serving away from their homes or regular places of business, 
 shall be allowed travel expenses (including per diem in lieu of 
 subsistence), as authorized by 

section 5703 of title 5, United 
 States Code, for persons in Government service employed 
 intermittently.

    (j) Appointment Exception for Continuity.--

    (1) In general.--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 
 this subsection.

    (2) Notification of president.--When the Board makes a 
 recommendation under paragraph

    (1) , the Chairman of the Board 
 shall submit the recommendation to the President not later than 
 75 days prior to the expiration of the term of the applicable 
 member.

    (3) Reappointment.--If the President has not transmitted to 
 the Senate a nomination to fill the position of a member 
 covered by a recommendation made under paragraph

    (1) by the 
 date that is 60 days after the date on which the term of the 
 member expires, the member shall be deemed to have been 
 reappointed for another full term to the Board, with all the 
 appropriate rights and responsibilities.

SEC. 9. POWERS OF THE BOARD.

    (a) In General.--In carrying out this Act, the Board shall have the 
power, in accordance with this Act--

    (1) to adopt, use, and alter a corporate seal;

    (2) to make agreements and contracts with persons, Indian 
 Tribes, and private or governmental entities;

    (3) to sue and be sued in its corporate name and to 
 complain and defend in any court of competent jurisdiction;

    (4) to represent itself, or to contract for representation, 
 in all judicial, legal, and other proceedings;

    (5)
        (A) with the approval of the Federal agency concerned, 
 to make use of services, facilities, and property of any board, 
 commission, independent establishment, or executive agency or 
 department of the Executive Branch in carrying out this Act; 
 and
        (B) to pay for that use (with those payments to be credited 
 to the applicable appropriation that incurred the expense);

    (6) to use the United States mails on the same terms and 
 conditions as the executive departments of the Federal 
 Government;

    (7) to obtain the services of experts and consultants in 
 accordance with the provisions of 

section 3109 of title 5, 
 United States Code, and to accept and utilize the services of 
 voluntary and noncompensated personnel and reimburse that 
 personnel for travel expenses, including per diem, as 
 authorized by 

section 5703 of that title;

    (8) to acquire, hold, maintain, use, and operate such real 
 property, including improvements thereon, personal property, 
 equipment, and other items, as may be necessary to enable the 
 Board to carry out the purpose of this Act;

    (9) to the extent not already provided by law, to obtain 
 insurance to cover all activities of the University, including 
 coverage relating to property and liability, or make other 
 provisions against losses; and

    (10) to exercise all other lawful powers necessarily or 
 reasonably related to the establishment of the University in 
 order to carry out the provisions of this Act and the exercise 
 of the powers, purposes, functions, duties, and authorized 
 activities of the University.

    (b) Accounting for Non-Federal Funds.--Any funds received by, or 
under the control of, the University that are not Federal funds shall 
be accounted for separately from Federal funds.
            (c) Fiduciary Duty.--

    (1) In general.--Members of the Board shall have a 
 fiduciary duty to the University, including the duty of care, 
 the duty of loyalty, the duty of good faith, the duty of 
 confidentiality, and the duty of disclosure.

    (2) Insurance.--The University may obtain insurance on 
 behalf of the members of the Board in the performance of the 
 official duties of the members on behalf of the University.

SEC. 10. EXECUTIVE BOARD.

    (a) Establishment.--There is established an Executive Board of the 
Board (referred to in this section as the ``Executive Board'').

    (b) Composition.--The Executive Board shall be composed of--

    (1) the Chairman of the Board;

    (2) the Vice Chairman of the Board;

    (3) the Secretary of the Board;

    (4) the Treasurer of the Board; and

    (5) an at-large member of the Board, to be elected by the 
 Board from among the members of the Board appointed under 
 

section 8

    (b)

    (1)
        (A)
            (i) .
            (c) Vacancies.--In the case of any vacancy that occurs in the 
position of an at-large member of the Executive Board before the 
expiration of the term of that member, the Board shall elect a 
replacement to complete that term.
            (d) Meetings.--

    (1) In general.--The Executive Board shall hold not more 
 than 24 regular meetings per calendar year.

    (2) Special meetings.--Special meetings of the Executive 
 Board may be held on the call of--
        (A) the Chairman of the Board; or
        (B) 3 members of the Executive Board.

    (e) Quorum.--A majority of the Executive Board shall constitute a 
quorum.

    (f) Powers.--The Executive Board may hold and use all the powers of 
the Board, subject to the approval of the Board.

SEC. 11. PRESIDENT OF THE UNIVERSITY.

    (a) Establishment.--

    (1) In general.--The University shall have a President, to 
 be appointed by the Board, who shall serve as the chief 
 executive officer of the University.

    (2) Transition.--
        (A) In general.--On the date of enactment of this 
 Act, the individual serving as the President of the 
 legacy institution on the day before the date of 
 enactment of this Act shall be deemed to have been 
 appointed as the Interim President of the University 
 until the earlier of--
            (i) the date on which that individual is 
 reappointed by the Board as President of the 
 University; and
            (ii) the date on which the Board appoints a 
 new individual to serve as President of the 
 University.
        (B) Required action.--If the Interim President of 
 the University is not reappointed by the Board as 
 President of the University or if a new individual is 
 not appointed by the Board to serve as President of the 
 University by the date that is 2 years after the date 
 of enactment of this Act, the Board shall--
            (i) reappoint the Interim President of the 
 University as the President of the University; 
 or
            (ii) appoint a new individual to serve as 
 President of the University.

    (b) Responsibilities.--Subject to the direction of the Board and 
the general supervision of the Chairman of the Board, the President of 
the University shall have--

    (1) the responsibility for carrying out the policies and 
 functions of the University; and

    (2) authority over all personnel and activities of the 
 University.
            (c) Compensation.--The Board shall have the authority to fix the 
compensation (including health and retirement benefits) of the 
President of the University.
            (d) Removal.--On a vote of 11 of the 15 members of the Board, the 
President of the University may be removed for inefficiency, neglect of 
duty, or malfeasance in office.

SEC. 12. STAFF OF UNIVERSITY.

    (a) Exemption From Civil Service.--Except as otherwise provided in 
this section, title 5, United States Code, shall not apply to the 
University.

    (b) Appointment and Compensation.--The President of the University, 
with the approval of the Board, shall have the authority to appoint, 
fix the compensation of (including health and retirement benefits), and 
prescribe the duties of such officers and employees as the President of 
the University deems necessary for the efficient administration of the 
University, in accordance with this section.
            (c) Policies and Procedures.--

    (1) In general.--Not later than 180 days after the date on 
 which the President of the University is appointed under 
 

section 11

    (a) , the President of the University shall make or 
 modify, as applicable, policies and procedures governing--
        (A) the establishment of positions at the 
 University;
        (B) basic compensation for those positions 
 (including health and retirement benefits);
            (C) entitlement to compensation;
            (D) conditions of employment;
        (E) discharge from employment;
        (F) the leave system; and
        (G) such other matters as may be appropriate.

    (2) Rules and regulations.--Policies and procedures 
 promulgated under paragraph

    (1) with respect to discharge and 
 conditions of employment shall require--
        (A) that procedures be established for the rapid 
 and equitable resolution of grievances of individuals; 
 and
        (B) that no individual may be discharged without 
 notice of the reasons for that discharge.
            (d) Appeal to Board.--

    (1) In general.--Any officer or employee of the University 
 may appeal to the Board any determination by the President of 
 the University to not re-employ or to discharge the officer or 
 employee.

    (2) Overturn by board.--On an appeal made under paragraph

    (1) by an officer of employee of the University, the Board may, 
 on a majority vote of the Board, in writing, overturn the 
 determination of the President of the University with respect 
 to the employment of the officer or employee.

    (e) Leave.--

    (1) In general.--Any individual who is an employee of the 
 Federal Government and is transferred or reappointed, without a 
 break in service, from a position under a different leave 
 system to the University, shall be credited for purposes of the 
 leave system provided under rules and regulations promulgated 
 under subsection
            (c) , with the annual and sick leave to the 
 credit of that individual immediately before the effective date 
 of the transfer or reappointment.

    (2) Leave on termination.--On termination of employment 
 with the University, any annual leave remaining to the credit 
 of an individual covered by this section shall be liquidated in 
 accordance with sections 5551

    (a) and 6306 of title 5, United 
 States Code, except that leave earned or accrued under rules 
 and regulations promulgated under subsection
            (c) shall not be 
 so liquidated.

    (3) Leave when transferred.--In the case of any individual 
 who is transferred, promoted, or reappointed, without break in 
 service, to a position in the Federal Government under a 
 different leave system, any remaining leave to the credit of 
 such person earned or credited under the policies and 
 procedures promulgated under subsection
            (c) shall be 
 transferred to the credit of that individual in the employing 
 agency on an adjusted basis in accordance with rules and 
 regulations to be promulgated by the Office of Personnel 
 Management.

    (f) Applicability.--

    (1) In general.--This section shall apply to any individual 
 appointed after the date of enactment of this Act for 
 employment in the University.

    (2) No effect on current employees.--Except as provided in 
 subsection

    (g) , the enactment of this Act shall not affect--
        (A) the continued employment of any individual 
 employed by the legacy institution before the date of 
 enactment of this Act; or
        (B) the right of the individual to receive the 
 compensation attached to the position.

    (3) Exceptions.--This section shall not apply to--
        (A) an individual whose services are procured by 
 the University pursuant to a written procurement 
 contract; or
        (B) employees of an entity performing services 
 pursuant to a written contract with the University.

    (g) Termination of Civil Service Positions.--On the date of 
enactment of this Act, any position at the University that is occupied 
by an individual in the civil service shall terminate.

    (h) Collective Bargaining.--The University shall be considered an 
agency for the purpose of chapter 71 of title 5, United States Code.
            (i) Compensation for Work Injuries.--Employees of the University 
shall receive compensation for work injuries and illnesses in 
accordance with chapter 81 of title 5, United States Code.

    (j) Background Checks.--

    (1) In general.--
        (A) Current employees.--An individual employed by 
 the legacy institution before the date of enactment of 
 this Act shall undergo a background check in accordance 
 with the minimum standards established by the Board 
 under paragraph

    (2) to be eligible to be employed by 
 the University.
        (B) New employees.--An individual that seeks 
 employment with the University shall undergo a 
 background check in accordance with the minimum 
 standards established by the Board under paragraph

    (2) .

    (2) Minimum standards.--The Board shall establish minimum 
 standards for the conduct of background checks for current and 
 new employees of the legacy institution and University under 
 subparagraphs
        (A) and
        (B) , as applicable, of paragraph

    (1) , 
 which shall--
        (A) be equivalent to background check standards 
 carried out by Federal education agencies; and
        (B) allow the Board to contract services from 
 Federal agencies, including the Office of Personnel 
 Management, to conduct those background checks.

    (3) Annual certification; submission.--
        (A) In general.--Not later than September 1 of each 
 year, the Board shall certify that all employees of the 
 University received a background check in accordance 
 with the minimum standards established under paragraph

    (2) .
        (B) Submission.--The Board shall submit to the 
 President, the Secretary, and the appropriate 
 committees of Congress notice of each annual 
 certification under subparagraph
        (A) .

SEC. 13. CONTRIBUTIONS TO EMPLOYEE HEALTH AND RETIREMENT BENEFITS.

    (a) Mandatory Contributions.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 University shall make contributions toward the health and 
 retirement costs of all employees, including to faculty and 
 staff, which shall--
        (A) be made at a level consistent with the 
 requirements imposed on Federal agencies under 
 applicable Federal law; and
        (B) be consistent with amounts that Federal 
 agencies are mandated to pay into similar retirement 
 and health benefit plans.

    (2) Alternative benefits.--On a determination by the Board, 
 in order to support recruitment and retention efforts, the 
 University may offer alternative health and retirement benefits 
 that differ from the benefits described in paragraph

    (1) .

    (b) Eligibility for Federal Benefits.--All employees of the 
University shall be eligible to receive health and retirement benefits, 
subject to the condition that the University shall meet the obligations 
of the University to make the contributions required under subsection

    (a)

    (1) .
            (c) Implementation and Compliance.--The University shall establish 
a compliance framework to ensure that contributions made under 
subsection

    (a)

    (1) are made in a timely manner and in accordance with 
Federal guidelines.
            (d) Annual Audits.--Annual audits shall be conducted by the 
Inspector General of the Department of the Interior to verify adherence 
by the University to this section.

SEC. 14. PREFERENCE FOR MEMBERS OF INDIAN TRIBES.

    (a) In General.--

    (1) In general.--Notwithstanding any other provision of 
 Federal or State law, the University may develop a 

=== policy ===
-
        (A) under which only individuals described in 
 paragraph

    (2) may be admitted to, and enroll in, 
 programs conducted by the University; and
        (B) to extend preference to members of Indian 
 Tribes in--
            (i) employment by the University; and
            (ii) contracts, fellowships, and grants 
 awarded by the University.

    (2) Individuals described.--Individuals referred to in 
 paragraph

    (1)
        (A) are individuals--
        (A) that are members of an Indian Tribe;
        (B) that are descendants of a grandparent who is a 
 member of an Indian Tribe; or
            (C) with \1/4\ blood quantum, as evidenced by a 
 Certificate of Degree of Indian Blood (commonly known 
 as a ``CDIB'') by the Bureau of Indian Affairs.

    (b) Hiring Preference.--In carrying out 

section 12

    (b) , the 
President of the University shall, to the maximum extent practicable, 
give preference in hiring to members of Indian Tribes.

SEC. 15. NONPROFIT AND NONPOLITICAL NATURE OF THE UNIVERSITY.

    (a) Stock.--The University shall have no power to issue any shares 
of stock or to declare or pay any dividends.

    (b) Nonprofit Nature.--No part of the income or assets of the 
University shall inure to the benefit of any director, officer, 
employee, or any other individual except as salary or reasonable 
compensation for services.
            (c) Nonpolitical Nature.--The University may not contribute to, or 
otherwise support, any political party or candidate for elective public 
office.

SEC. 16. TAX STATUS; TORT LIABILITY.

    (a) Tax Status.--The University and the franchise, capital, 
reserves, income, and property of the University shall be exempt from 
all taxation now or hereafter imposed by the United States, by any 
Indian Tribe, or by any State or political subdivision thereof.

    (b) Tort Liability.--

    (1) In general.--The University shall be subject to 
 liability relating to tort claims only to the extent a Federal 
 agency is subject to such liability under chapter 171 of title 
 28, United States Code.

    (2) Treatment as federal agency.--For purposes of chapter 
 171 of title 28, United States Code, the University shall be 
 treated as a Federal agency (within the meaning of 

section 2671 
 of that title).

    (3) President.--For purposes of chapter 171 of title 28, 
 United States Code, the President of the University shall be 
 deemed the head of the Federal agency described in paragraph

    (2) .

SEC. 17. TRANSFER OF FUNCTIONS.

    (a) In General.--There are hereby transferred to the University, 
and the University shall perform, the functions of the legacy 
institution.

    (b) Certain Matters Relating to Transferred Functions.--

    (1) In general.--Subject to subsection
            (d) , all personnel, 
 liabilities, contracts, real property, personal property, 
 assets, and records as are determined by the Director of the 
 Office of Management and Budget to be employed, held, or used 
 primarily in connection with any function transferred under 
 subsection

    (a) (regardless of the administrative entity 
 providing the services on the date before the transfer) shall 
 be transferred to the University.

    (2) Certain personnel.--Personnel engaged in functions 
 transferred under subsection

    (a) shall be transferred in 
 accordance with applicable laws and regulations relating to the 
 transfer of functions, except that the transfer shall be 
 without reduction in classification or compensation for 1 year 
 after the date of the transfer.
            (c) References in Other Law.--

    (1) In general.--All laws and regulations relating to the 
 legacy institution shall, insofar as those laws and regulations 
 are appropriate, and not inconsistent with the provisions of 
 this Act, remain in full force and effect and apply with 
 respect to the University.

    (2) References.--All references in any other Federal law to 
 the legacy institution, or any officer transferred to the 
 University under subsection

    (b) , shall be deemed to refer to 
 the University.
            (d) Forgiveness of Amounts Owed; Hold Harmless.--

    (1) In general.--Subject to paragraph

    (2) --
        (A) the University shall be responsible for all 
 obligations of the University incurred after the date 
 of the enactment of this Act; and
        (B) the Secretary shall be responsible for all 
 obligations of the University incurred on or before the 
 date of enactment of this Act, including those which 
 accrued by reason of any statutory, contractual, or 
 other reason prior to that date, which became payable 
 within 2 years of that date.

    (2) Exception.--
        (A) In general.--With respect to all programs of 
 the Federal Government, in whatever form or from 
 whatever source derived, the University shall only be 
 held responsible for actions and requirements, either 
 administrative, regulatory, or statutory in nature, for 
 events which occurred on or after the date of enactment 
 of this Act, including the submission of reports, 
 audits, and other required information.
        (B) No relief.--The United States may not seek any 
 monetary damages or repayment for the commission of 
 events, or omission to comply with either 
 administrative or regulatory requirements, for any 
 action that occurred prior to the date of enactment of 
 this Act.

SEC. 18. HEADQUARTERS OF THE UNIVERSITY.

    (a) In General.--Lawrence, Kansas, shall be maintained as the 
location for the University.

    (b) Branches.--The University may establish branches at additional 
locations to fulfill its functions and acquire or lease land as may be 
necessary.
            (c) Facilities and Land.--

    (1) Conveyance of property.--On the date of enactment of 
 this Act, the Secretary shall convey to the University all 
 right, title, and interest of the United States in and to the 
 property of the legacy institution, including all facilities of 
 the legacy institution on that property.

    (2) Use; prohibition.--
        (A) In general.--The land and facilities conveyed 
 to the University under paragraph

    (1) --
            (i) shall only be used to further the 
 purposes described in 

section 3, which may 
 include the demolition of such facilities; and
            (ii) except as provided in subparagraph
        (B) , shall not be conveyed or otherwise sold by 
 the University.
        (B) Transfer to ihs.--Facilities conveyed to the 
 University under paragraph

    (1) may be transferred to 
 the Indian Health Service for use by the Indian Health 
 Service.

SEC. 19. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--The University shall comply with the provisions 
of--

    (1) Public Law 95-341 (commonly known as the ``American 
 Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.);

    (2) the Archaeological Resources Protection Act of 1979 (16 
 U.S.C. 470aa et seq.); and

    (3) division A of subtitle III of title 54, United States 
 Code.

    (b) Criminal Laws.--All Federal criminal laws relating to larceny, 
embezzlement, or conversion of the funds or the property of the United 
States shall apply to the funds and property of the University.
            (c) Other Federal Assistance.--

    (1) In general.--Funds received by the University pursuant 
 to this Act shall not be regarded as Federal money for purposes 
 of meeting any matching requirements for any Federal grant, 
 contract, or cooperative agreement.

    (2) Applications.--
        (A) In general.--The University 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.
        (B) Savings provision.--Nothing in this subsection 
 affects in a negative fashion the review, 
 prioritization, or acceptance of any application or 
 proposal for such a program, solicited or unsolicited.

SEC. 20. ENDOWMENT PROGRAM.

    (a) Program Enhancement Endowment.--

    (1) In general.--Amounts appropriated to carry out this Act 
 for each fiscal year for use under this subsection may be 
 deposited into a trust fund (referred to in this subsection as 
 the ``trust fund''), to be maintained by the University at a 
 federally insured banking or savings institution.

    (2) Contributions.--
        (A) In general.--The President of the University 
 shall provide--
            (i) for deposit in the trust fund--
            (I) (aa) an initial capital 
 contribution by the University of 
 $5,000,000; and

    (bb) such additional capital 
 contributions as may be required under 
 subparagraph
        (B) ; and
            (II) any earnings on the funds 
 deposited under this subparagraph; and
            (ii) for the reservation for the sole use 
 of the University of any noncash, in-kind 
 contributions of real or personal property, 
 which may at any time be converted to cash, 
 which shall be deposited as a capital 
 contribution into the trust fund.
        (B) Matching contributions.--For each $5,000,000 
 that the University, through private fundraising or 
 bequests made on behalf of the University, raises, the 
 University shall match that amount through a capital 
 contribution, which shall be deposited in the trust 
 fund.

    (3) Return to treasury.--If, at any time, the University 
 withdraws any capital contribution (as described in items

    (aa) and

    (bb) of paragraph

    (2)
        (A)
            (i) 
            (I) ) made by the University to 
 the trust fund or puts any property (as described in paragraph

    (2)
        (A)
            (ii) ) to a use which is not for the sole benefit of the 
 University, an amount equal to the value of the Federal 
 contribution shall be withdrawn from the trust fund and 
 returned to the Treasury as miscellaneous receipts.

    (4) Interest.--Interest deposited in the trust fund 
 pursuant to paragraph

    (2)
        (A)
            (i) 
            (II) may be periodically 
 withdrawn and used, at the direction of the Board or its 
 designee, to defray any expense associated with the operation 
 of the University, including the expense of operations and 
 maintenance, administration, academic and support personnel, 
 community and student services programs, and technical 
 assistance.

    (5) Requirements.--
        (A) In general.--For the purpose of complying with 
 the contribution requirement under paragraph

    (2)
        (A)
            (ii) , the University may use funds or in-kind 
 contributions of real or personal property fairly 
 valued that are made available from any private or 
 Tribal source, including interest earned by the funds 
 invested under this subsection.
        (B) In-kind contributions.--In-kind contributions 
 shall be--
            (i) property other than fully depreciable 
 property; and
            (ii) valued according to the procedures 
 established for such purpose by the Secretary 
 of the Treasury.
            (C) Eligibility for matching funds.--For purposes 
 of this paragraph, all contributions, including in-kind 
 and real estate, which are received by the University 
 beginning on the date on which the initial members of 
 the Board appointed under 

section 8

    (b)

    (1)
        (A)
            (ii) are 
 confirmed by the Senate, but which have not been 
 included in the computations under this subsection, 
 shall be eligible for matching with Federal funds 
 appropriated in any fiscal year.

    (6) Control of university.--Amounts appropriated to carry 
 out this Act for use under this subsection shall be paid by the 
 Secretary of the Treasury to the University as a Federal 
 capital contribution equal to the amount of funds or the value 
 of the in-kind contributions which the University demonstrates 
 have been placed within the control of, or irrevocably 
 committed to the use of, the University as a capital 
 contribution of the University in accordance with this 
 subsection.

    (b) Use of Amounts From the National Parks and Public Land Legacy 
Restoration Fund.--

Section 200402

    (e)

    (1) of title 54, United States 
Code, is amended, in the matter preceding subparagraph
        (A) , by 
inserting ``(including Haskell Indian Nations University and the 
Southwestern Indian Polytechnic Institute)'' after ``schools''.
            (c) General Administrative Provisions.--

    (1) In general.--Funds in the trust fund described in 
 subsection

    (a) shall be invested under the same conditions and 
 limitations as funds are invested under 

section 331
            (c) (2) of 
 the Higher Education Act of 1965 (20 U.S.C. 1065
            (c) (2) ) and the 
 regulations implementing that section (as such regulations were 
 in effect at the time the funds are invested).

    (2) No benefit to private person.--No part of the net 
 earnings of the trust fund established under this section shall 
 inure to the benefit of any private person.

    (3) Use of funds to secure loan.--Any amounts deposited in 
 the trust fund authorized under subsection

    (a) may be used to 
 secure loans procured for the purposes of constructing or 
 improving University facilities.

    (4) Other governing provisions.--The President of the 
 University shall provide for such other provisions governing 
 the trust fund established under this section as may be 
 necessary to protect the financial interest of the United 
 States and to promote the purpose of this Act as agreed to by 
 the Secretary of the Treasury and the Board or the designee of 
 the Board, including record keeping procedures for the 
 expenditure of accumulated interest for the trust fund under 
 subsection

    (a) as will allow the Secretary of the Treasury to 
 audit and monitor activities under this section.

SEC. 21. ESTABLISHMENT OF ENDOWMENT BOARD OF TRUSTEES.

    (a) In General.--The University shall establish an independent 
Board of Trustees, to be known as the ``Endowment Board'' (referred to 
in this section as the ``Endowment Board''), dedicated to overseeing 
the management and investment of the endowment funds of the University 
under 

section 20.

    (b) Appointment.--Members of the Endowment Board shall be appointed 
by the Board on an affirmative vote of 11 of the 15 members of the 
Board.
            (c) === Purpose ===
-The establishment of the Endowment Board is intended 
to enhance the governance and accountability of endowment fund 
management while maintaining clear separation between the roles and 
responsibilities of the Endowment Board and the Board.
            (d) Powers.--The Endowment Board shall operate separately from the 
Board, subject to the condition that the Endowment Board shall work in 
conjunction with the Board to ensure alignment of investment strategies 
with the financial goals and overall mission of the University.

    (e) Responsibilities.--The Endowment Board shall be responsible 
for--

    (1) managing and overseeing the investment and allocation 
 of the trust fund under 

section 20;

    (2) developing and implementing investment policies and 
 strategies to optimize the financial performance of the trust 
 fund under that section; and

    (3) reporting regularly to the Board on the performance of 
 the trust fund under that section and making recommendations, 
 as appropriate.

SEC. 22. PROVISION OF FACILITIES.

    (a) Master Plan.--

    (1) In general.--The Board shall prepare a master plan on 
 the short-term and long-term facilities needs of the 
 University, which shall include evaluation of all facets of 
 existing University programs, including support activities and 
 programs and facilities.

    (2) Requirements.--The master plan prepared under paragraph

    (1) shall evaluate development and construction requirements 
 (based on a growth plan approved by the Board), including 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 programs and planned functions of the University.

    (b) Deadline for Transmittal of Initial Master Plan.--Not later 
than 2 years after the date of enactment of this Act, the Board shall 
submit to the appropriate committees of Congress the master plan 
prepared under subsection

    (a) , which shall include a prioritization of 
needs, as determined by the Board.
            (c) Updated Master Plans.--Not later than 2 years after the date on 
which the Board submits the initial master plan under subsection

    (b) , 
and not less frequently than once every 5 years thereafter, the Board 
shall prepare and submit to the appropriate committees of Congress an 
updated master plan in accordance with the requirements described in 
subsection

    (a) .

SEC. 23. REPORTS.

    (a) Annual Report.--The President of the University shall submit to 
the appropriate committees of Congress and the Board an annual report 
describing the status of the University during the 1-year period 
preceding the date of the report, which shall include, among other 
matters--

    (1) a detailed statement of all private and public funds, 
 gifts, and other items of a monetary value received by the 
 University during that period and the disposition thereof; and

    (2) any recommendations for improving the University.

    (b) Budget Proposal.--

    (1) Submission.--
        (A) In general.--Not later than 180 days after the 
 date on which the initial members of the Board 
 appointed under 

section 8

    (b)

    (1)
        (A)
            (ii) are confirmed by 
 the Senate, and each fiscal year thereafter, the Board 
 shall submit to Congress a budget proposal.
        (B) Initial submission to omb.--Prior to the 
 submission to Congress of a budget proposal under 
 subparagraph
        (A) , the Board shall submit the applicable 
 budget proposal to the Director of the Office of 
 Management and Budget, who shall provide advice and 
 recommendations on the proposal before returning the 
 proposal to the University for submission to Congress 
 under that subparagraph.

    (2) Requirements.--A budget proposal submitted under 
 paragraph

    (1)
        (A) shall--
        (A) be submitted not later than April 1 of each 
 calendar year; and
        (B) propose a budget for the University for the 2 
 fiscal years succeeding the fiscal year during which 
 the proposal is submitted.

    (3) No consideration of fundraising or bequests.--In 
 determining the amount of funds to be appropriated to the 
 University on the basis of a budget proposal submitted under 
 paragraph

    (1)
        (A) , Congress shall not consider the amount of 
 private fundraising or bequests made on behalf of the 
 University during any preceding fiscal year.

SEC. 24. AUTHORIZATION OF APPROPRIATIONS.

    (a) Discretionary Appropriations.--

    (1) In general.--There is authorized to be appropriated not 
 less than $27,000,000 for each fiscal year to carry out this 
 Act.

    (2) Trust fund.--
        (A) Initial contribution.--There is authorized to 
 be appropriated $5,000,000 for the initial capital 
 contribution of the University to the trust fund under 
 

section 20

    (a)

    (2)
        (A)
            (i) 
            (I) (aa) for fiscal year 2026.
        (B) Successive contributions.--There is authorized 
 to be appropriated not less than $5,000,000 to carry 
 out 

section 20

    (a)

    (2)
        (B) .

    (b) Availability of Funds.--

    (1) In general.--For the purpose of affording adequate 
 notice of funding available under this Act, amounts 
 appropriated in an appropriation Act for any fiscal year to 
 carry out this Act shall--
        (A) become available for obligation on June 1 of 
 that fiscal year; and
        (B) remain available until September 30 of the 
 succeeding fiscal year.

    (2) Transition.--To effect a transition to the forward 
 funding method of timing appropriation action described in 
 paragraph

    (1) , there are authorized to be appropriated, in an 
 appropriation Act or Acts for the same fiscal year, 2 separate 
 appropriations to carry out this Act.
            (c) Sense of Congress.--It is the sense of Congress that the 
University should receive, on an annual basis, such increases in 
appropriations as are necessary to ensure that the University is able 
to provide a high-quality educational experience in a safe, secure, and 
comfortable campus environment.
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