H.R. 4085 — Haskell Indian Nations University Improvement Act

This section states congressional findings concerning the history and evolution of Haskell Indian Nations University—from its establishment as Haskell Indian Industrial Training School in 1884, through its renaming and expansion to offer bachelor's degrees by 1993—to its current status as a tuition-free federal institution serving over 900 students from approximately 140 Indian nations and tribes on a 320-acre campus in Lawrence, Kansas, with 12 of 44 buildings as National Historic Landmarks; its sole reliance on federal funding; recent administrative struggles with education, facilities, safety, and fund management; and the desirability of establishing it as a federally chartered corporation with an independent board of trustees.

This section states the purposes of the Act: (1) to establish Haskell Indian Nations University as a federally chartered educational institution; (2) to grant the university independence from the Bureau of Indian Education (BIE) to enhance its ability to provide high-quality education to Indian students; (3) to provide the university with the tax status of a charitable organization to accept private donations; and (4) to affirm the federal treaty and trust responsibility to Indians.

This section defines terms used in the Act, including (1) appropriate committees of Congress, meaning six specified Senate and House committees; (2) Board, meaning the Board of Trustees of the University established by section 8(a); (3) contribution, meaning a monetary payment by the University toward employee health and retirement plans; (4) Indian Tribe, meaning a tribe recognized by the Secretary pursuant to 25 U.S.C. 5131(a); (5) Indian Tribes of Kansas, meaning four specified tribes; (6) Indian and Tribal organization, having the meanings given in 25 U.S.C. 5304; (7) legacy institution, meaning Haskell Indian Nations University as operated by the Bureau of Indian Education before enactment; (8) Secretary, meaning the Secretary of the Interior; and (9) University, meaning Haskell Indian Nations University as the federally chartered corporation established by section 5(a) (except as provided in section 2).

This section establishes Haskell Indian Nations University as a federally chartered corporation under the direction and control of the Board, with perpetual succession until dissolved by an Act of Congress. Congress may revise or amend the University's charter.

This section establishes the primary functions of the University as (1) providing tuition-free, scholarly study for Indians and (2) establishing programs that culminate in the awarding of degrees and certificates in accredited fields. It directs the Board to establish policies and internal organization for all University subdivisions, administrative entities, and departments; specifies that the responsibilities of each such entity are at the Board's discretion; requires the Board to establish departments of study; and authorizes the Board to develop additional departments and programs as necessary.

This section establishes a Board of Trustees for the University composed of 15 voting members, appointed by the President with Senate advice and consent from enrolled members of Indian Tribes who are widely recognized in education and represent diverse expertise (including finance, law, higher education, and Tribal leadership), and 1 nonvoting ex officio member (the student body president). It specifies initial voting member appointments as (1) 12 designees from Bureau of Indian Affairs regions, (2) 1 designee from Kansas Indian Tribes, (3) 1 Haskell Indian Nations University Alumni Association member, and (4) 1 at-large Indian Tribe member; requires the President to consult Tribes, publish term expirations, solicit regional nominations, ensure Tribal enrollment, and (if needed) appoint qualified non-Tribal members from regions without nominations; directs the Secretary to establish nomination procedures within 90 days of enactment (including timelines for submissions, review, interviews, and appointments within 270 days); and requires Board recommendations on nominations. The section further entitles the nonvoting member to attend meetings and advise on University matters; requires fingerprint and other background checks by federal agencies for initial members and equivalent standards (set in Board bylaws) for successors; and sets voting member terms at 6 years, with no more than 3 consecutive terms (continuing until a successor is appointed).

This section authorizes the Board, in carrying out the Act, to (1) adopt a corporate seal; (2) enter contracts; (3) sue and be sued; (4) represent itself or contract for representation in proceedings; (5) use, with approval, services and property of federal agencies or departments and pay for such use; (6) use U.S. mails; (7) obtain services of experts and consultants under 5 U.S.C. 3109 (i.e., temporary or intermittent services without regard to competitive service appointment or pay rules, subject to agency regulations and reporting) and accept volunteer services with travel reimbursement; (8) acquire and operate necessary property and equipment; (9) obtain insurance or make other loss provisions; and (10) exercise other related lawful powers. The section further requires separate accounting for non-Federal funds and imposes fiduciary duties (i.e., care, loyalty, good faith, confidentiality, and disclosure) on Board members, while authorizing insurance for them.

This section establishes an Executive Board composed of (1) the Chairman of the Board, (2) the Vice Chairman, (3) the Secretary, (4) the Treasurer, and (5) one at-large member elected by the Board from members appointed under section 8(b)(1)(A)(i). The section addresses vacancies by requiring the Board to elect replacements to complete unexpired terms; limits regular meetings to 24 per calendar year while authorizing special meetings called by the Chairman or three members; sets a majority quorum; and authorizes the Executive Board to exercise all powers of the Board subject to Board approval.

This section establishes the office of President of the University, appointed by the Board as chief executive officer. The section (1) designates the president of the legacy institution on the date of enactment as interim president until reappointed or replaced; (2) requires the Board to reappoint the interim president or appoint a new president within two years of enactment; (3) assigns the president responsibility for university policies and functions and authority over personnel and activities, subject to the Board and chairman; (4) authorizes the Board to fix the president's compensation, including health and retirement benefits; and (5) permits removal of the president by a vote of 11 of 15 Board members for inefficiency, neglect of duty, or malfeasance in office.

This section exempts the University from most civil service requirements under title 5, United States Code (except as provided), and authorizes the University President—with Board approval—to appoint officers and employees, fix their compensation (including health and retirement benefits), and prescribe duties. Not later than 180 days after the President's appointment, the President must establish or modify policies and procedures governing position establishment, compensation and benefits, employment conditions, discharge (with notice and grievance procedures), leave, and related matters; employees may appeal discharge or non-reemployment decisions to the Board, which may overturn them by majority vote. The section preserves leave credits for federal employees transferring to the University (with liquidation of annual leave upon University termination per 5 U.S.C. §§5551(a), 6306, and transfer rules upon return to federal service); terminates all civil service positions upon enactment (without affecting incumbent employment or pay); excludes contractors; treats the University as an agency for collective bargaining under 5 U.S.C. ch. 71 and for work injury compensation under 5 U.S.C. ch. 81; and requires background checks for legacy and new employees equivalent to federal education agency standards (with annual Board certification to the President, Secretary, and congressional committees by September 1). (Thus, the University gains hiring and management flexibility while retaining key federal employee protections.)

This section requires the University to make contributions toward health and retirement costs for all employees, including faculty and staff, at levels consistent with federal agency requirements under applicable federal law. It authorizes the University, upon Board determination, to offer alternative benefits for recruitment and retention; conditions employee eligibility for federal benefits on University compliance; directs establishment of a compliance framework; and mandates annual audits by the Department of the Interior Inspector General.

This section authorizes the University to develop a policy, notwithstanding other Federal or State law, that (1) limits admission to and enrollment in its programs to members of Indian Tribes, descendants of a grandparent who is a member of an Indian Tribe, or individuals with 1/4 degree of Indian blood as evidenced by a Certificate of Degree of Indian Blood issued by the Bureau of Indian Affairs; and (2) extends preference to members of Indian Tribes in University employment, contracts, fellowships, and grants. The section further directs the University President, to the maximum extent practicable, to give hiring preference to members of Indian Tribes when carrying out section 12(b).

This section establishes the nonprofit and nonpolitical nature of the University by (1) prohibiting it from issuing stock or paying dividends, (2) barring any part of its income or assets from inuring to the benefit of directors, officers, employees, or other individuals except as reasonable compensation for services, and (3) prohibiting contributions to or support for any political party or candidate for elective public office.

This section exempts the University, including its franchise, capital, reserves, income, and property, from all taxation imposed by the United States, any Indian tribe, or any state or political subdivision thereof. This section subjects the University to tort liability only to the extent of a federal agency under the Federal Tort Claims Act (i.e., chapter 171 of title 28, U.S. Code), treating the University as a federal agency and its president as the agency head for such purposes.

This section transfers to the University all functions of the legacy institution, along with personnel, liabilities, contracts, real property, personal property, assets, and records determined by the OMB Director to be primarily connected to those functions (regardless of the prior administrative entity). Transferred personnel receive no reduction in classification or compensation for one year after the transfer date. Laws and regulations applicable to the legacy institution continue in effect for the University (if appropriate and consistent with this Act), with all references to the legacy institution or its transferred officers deemed to refer to the University. The University is responsible for its obligations incurred after enactment; the Secretary is responsible for pre-enactment obligations payable within two years of enactment. The University is liable only for post-enactment actions and requirements (administrative, regulatory, or statutory, including reports and audits); the United States may not seek monetary damages or repayment for any pre-enactment actions or omissions.

This section designates Lawrence, Kansas, as the permanent headquarters location for the University, authorizes the University to establish branches at additional locations and acquire or lease necessary land, and directs the Secretary to convey to the University, upon enactment, all U.S. right, title, and interest in the legacy institution's property—including all facilities thereon. Conveyed land and facilities (1) must be used solely to further the purposes described in section 3 (which may include demolition) and (2) generally may not be conveyed or sold by the University, except that such facilities may be transferred to the Indian Health Service for its use.

This section requires the University to comply with the American Indian Religious Freedom Act, the Archaeological Resources Protection Act of 1979, and division A of subtitle III of title 54, United States Code (historic preservation laws). It applies all federal criminal laws relating to larceny, embezzlement, or conversion of U.S. funds or property to the University's funds and property. It further specifies that funds received by the University under the Act are not federal money for meeting matching requirements under any federal grant, contract, or cooperative agreement and do not subject the University to laws requiring non-federal funds as a condition for applying for or receiving other federal assistance (with a savings provision preserving the review, prioritization, and acceptance of the University's applications).

This section establishes a program enhancement endowment trust fund for Haskell Indian Nations University. (1) Deposits appropriated amounts for the Act into the trust fund as federal capital contributions equal to the university's demonstrated capital contributions, including an initial $5 million from the university and matching contributions for each $5 million raised through private fundraising or bequests (with in-kind contributions from private or Tribal sources eligible, valued per Treasury procedures, and reservable for the university's sole use). (2) Authorizes deposit of earnings into the fund, periodic withdrawal of interest for operating expenses (e.g., maintenance, administration, academic personnel, student services, technical assistance), and use of fund amounts to secure loans for constructing or improving facilities; requires return of federal contribution value to the Treasury if the university misuses its capital contributions. (3) Amends Section 200402(e)(1) of title 54, United States Code (National Parks and Public Land Legacy Restoration Fund), to include Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute among eligible schools. (4) Applies administrative requirements mirroring the Higher Education Act endowment program (20 U.S.C. 1065(c)(2)), including investment standards, prohibition on private inurement, and safeguards (e.g., recordkeeping, audits) to protect U.S. financial interests.

This section establishes an independent Endowment Board of Trustees for the university to oversee the management and investment of endowment funds under section 20. The university's Board appoints Endowment Board members by an affirmative vote of 11 of its 15 members; the Endowment Board manages the trust fund, develops and implements investment policies and strategies, operates separately from but in conjunction with the Board, and reports regularly to the Board on fund performance.

This section directs the Board to prepare a master plan evaluating the short-term and long-term facilities needs of the University—including all existing programs, support activities, infrastructure, site analysis, phased development plans, architectural and engineering studies, cost projections, and landscaping—and to submit the initial plan with prioritized needs to the appropriate congressional committees no later than two years after enactment. The section further requires updated master plans no later than two years after the initial submission and no less frequently than every five years thereafter.

This section requires (1) the University President to submit an annual report to the appropriate congressional committees and the Board on the University's status, including a detailed statement of all private and public funds, gifts, and other monetary items received and their disposition, as well as recommendations for improving the University; and (2) the Board to submit a budget proposal to Congress by April 1 each year for the two succeeding fiscal years—not later than 180 days after Senate confirmation of the initial Board members appointed under section 8(b)(1)(A)(ii), and each fiscal year thereafter—with the proposal first submitted to the Office of Management and Budget for advice and recommendations. In determining appropriations for the University based on such budget proposals, Congress must not consider the amount of the University's private fundraising or bequests in any preceding fiscal year.

This section authorizes discretionary appropriations of not less than $27 million for each fiscal year to carry out the Act; $5 million for an initial capital contribution to the trust fund in FY2026; and not less than $5 million for successive trust fund contributions. It provides that amounts appropriated for any fiscal year become available for obligation on June 1 of that year and remain available until September 30 of the succeeding year, with transition authority for two separate appropriations in the same fiscal year. It states the sense of Congress that the University receive annual appropriation increases necessary to provide a high-quality educational experience in a safe, secure, and comfortable campus environment.