[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2140 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2140
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 SENATE OF THE UNITED STATES
June 23, 2025
Mr. Moran (for himself, Mr. Mullin, and Mr. Marshall) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
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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