119th CONGRESS

1st Session

S. 2140

1. Short title
2. Findings
3. Purposes
4. Definitions
5. Establishment of Haskell Indian Nations University as a federally chartered corporation
6. Functions of University
7. Relationship to Secretary of the Interior
8. Board of Trustees
9. Powers of the Board
10. Executive Board
11. President of the University
12. Staff of University
13. Contributions to employee health and retirement benefits
14. Preference for members of Indian Tribes
15. Nonprofit and nonpolitical nature of the University
16. Tax status; tort liability
17. Transfer of functions
18. Headquarters of the University
19. Compliance with other laws
20. Endowment program
21. Establishment of Endowment Board of Trustees
22. Provision of facilities
23. Reports
24. Authorization of appropriations

1. Short title

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

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

(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

(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.

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.

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;

(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;

(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).

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.

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.

7. Relationship to Secretary of the Interior

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

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.

(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.

(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 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.

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.

(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.

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.

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.

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.

(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);

(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).

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.

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 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.

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.

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).

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.

(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.

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.

(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.

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.

(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.

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".

(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.

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.

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).

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.

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.

119-S2140

Haskell Indian Nations University Improvement Act