H.R. 4085

[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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