I 
119TH CONGRESS 
1ST SESSION H. R. 4085 
To establish Haskell Indian Nations University as a federally chartered edu-
cational 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 addi-
tion 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 com-
mittee 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 Indi-
ans, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) a high quality, culturally relevant education 
for Indians is essential for the survival and strength-
ening of Indian Tribes and Indian nations through-
out 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 Insti-
tute 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 In-
dian Junior College; 
(4) over the years, the Haskell Indian Junior 
College— 
(A) continued to develop and begin offer-
ing 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’’); 
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(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 lo-
cated in Lawrence, Kansas, with 12 of the 44 total 
buildings of the University listed as National His-
toric Landmarks; 
(8) unlike many other public and private insti-
tutions of higher education, the University is solely 
dependent on Federal funding; 
(9) in recent years, the Bureau of Indian Edu-
cation 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 Uni-
versity in good repair and operation; and 
(C) to maintain the extracurricular pro-
grams of the University; 
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(10) the administration of the University has 
failed to properly manage the funds under its cus-
tody or to provide a safe and secure environment for 
its students, subjecting the University to recent con-
gressional 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 Uni-
versity, with financial support from the Federal Gov-
ernment 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 Univer-
sity as a federally chartered educational institution; 
(2) to provide the University with independence 
from the management authority of the Bureau of In-
dian Education and improve the ability of the Uni-
versity to provide a high-quality education to Indian 
students; 
(3) to establish the University with the tax sta-
tus of a charitable organization to accept private do-
nations; and 
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(4) to affirm the treaty and trust responsibility 
of the Federal Government to Indians. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ 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 
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towards the health and retirement plans of an em-
ployee of the University. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means an Indian or Alaska Native tribe, band, na-
tion, pueblo, village, or community that the Sec-
retary 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 ‘‘In-
dian 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 Ne-
braska. 
(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 Uni-
versity, as operated by the Bureau of Indian Edu-
cation before the date of enactment of this Act. 
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(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) UNIVERSITY.—Except as provided in sec-
tion 2, the term ‘‘University’’ means the Haskell In-
dian Nations University, the federally chartered cor-
poration 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 
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(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 respon-
sible for establishing the policies and internal orga-
nization that relate to the control and monitoring of 
all subdivisions, administrative entities, and depart-
ments of the University. 
(2) RESPONSIBILITY OF BOARD.—The specific 
responsibilities of each subdivision, entity, and de-
partment of the University are solely within the dis-
cretion 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 depart-
ments and programs described in subsection (b), the Uni-
versity 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 assist-
ance to the University. 
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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 com-
posed of 15 voting members and 1 nonvoting mem-
ber, 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 mem-
bers of the Board shall be appointed by the 
President, by and with the advice and con-
sent of the Senate, from among individuals 
who— 
(I) are enrolled members of In-
dian 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, high-
er education, and Tribal leadership. 
(ii) INITIAL APPOINTMENTS.—Of the 
voting members of the Board first ap-
pointed under clause (i)— 
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(I) 12 shall be designees of each 
of the 12 regions of the Bureau of In-
dian 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 mem-
ber 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 vot-
ing 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 expira-
tion; 
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(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 ap-
pointment of individuals who will provide 
appropriate regional and Tribal representa-
tion on the Board; and 
(v) ensure that those members are en-
rolled 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 pub-
lish in the Federal Register, procedures for 
facilitating nominations to the Board de-
scribed 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 
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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 de-
scribed in subclause (I), by which the 
nominations described in that sub-
clause shall be submitted to the Presi-
dent. 
(III) Procedures by which the 
President shall review nominations de-
scribed in subclause (II), including the 
conduct of interviews. 
(IV) A date, which shall be not 
later than 90 days after the date de-
scribed in subclause (II), by which the 
President shall appoint the voting 
members of the Board under para-
graph (1)(A)(i) from among the nomi-
nations described in subclause (II). 
(iii) NO SUBMISSION OF NOMINATION 
FROM CERTAIN REGIONS.—If no nomina-
tion is received from a geographic region of 
the Bureau of Indian Affairs under sub-
paragraph (A)(iii), the President shall ap-
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point 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 de-
scribed 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 Trib-
al organizations under subparagraph 
(A)(iii); 
(II) make recommendations of its 
own; and 
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(III) review and provide com-
ments to the President on individuals 
being considered by the President for 
whom no nominations have been re-
ceived. 
(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
STAND-
ARDS.— 
(A) BACKGROUND
CHECKS
FOR
INITIAL 
MEMBERS.— 
(i) IN
GENERAL.—The initial mem-
bers 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; 
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(II) include a fingerprint check 
conducted by the Federal Bureau of 
Investigation; and 
(III) include an investigation con-
ducted by the Office of Personnel 
Management. 
(B) MINIMUM
STANDARDS
FOR
SUCCES-
SIVE MEMBERS.—In the bylaws of the Board 
established under subsection (h)(3), the Board 
shall establish minimum standards for the con-
duct of background checks for successive mem-
bers of the Board nominated and appointed 
pursuant to a vacancy on the Board under sub-
section (d), which shall— 
(i) be equivalent to background check 
standards carried out by Federal education 
agencies; and 
(ii) allow the Board to contract serv-
ices from Federal agencies, including the 
Office of Personnel Management, to con-
duct those background checks. 
(c) TERMS OF OFFICE.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, voting members of the Board 
shall be appointed for a term of 6 years. 
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(2) RESTRICTION ON TERMS.—Except as pro-
vided in subsection (j), no member of the Board ap-
pointed under subsection (b)(1)(A)(i) shall be eligi-
ble 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 appoint-
ment was made, in accordance with subsection 
(b)(1)(A)(ii). 
(e) REMOVAL.— 
(1) IN GENERAL.—On a vote of 3⁄4 of the mem-
bers 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 va-
cancy 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.— 
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(1) IN
GENERAL.—The President shall des-
ignate 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 CHAIR-
MEN.—On expiration of the term of the initial 
Chairman and Vice Chairman of the Board des-
ignated 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 mem-
bers of the Board appointed pursuant to sub-
section (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 by-
laws of the University, a majority of the members of the 
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Board appointed under subsection (b)(1)(A)(i) shall con-
stitute 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 ap-
pointed 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 reg-
ular places of business, shall be allowed travel ex-
penses (including per diem in lieu of subsistence), as 
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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 sta-
bility 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 rec-
ommendation to the President not later than 75 
days prior to the expiration of the term of the appli-
cable 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— 
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(1) to adopt, use, and alter a corporate seal; 
(2) to make agreements and contracts with per-
sons, Indian Tribes, and private or governmental en-
tities; 
(3) to sue and be sued in its corporate name 
and to complain and defend in any court of com-
petent jurisdiction; 
(4) to represent itself, or to contract for rep-
resentation, in all judicial, legal, and other pro-
ceedings; 
(5)(A) with the approval of the Federal agency 
concerned, to make use of services, facilities, and 
property of any board, commission, independent es-
tablishment, 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 in-
curred 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 con-
sultants in accordance with the provisions of section 
3109 of title 5, United States Code, and to accept 
and utilize the services of voluntary and noncom-
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pensated 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 Uni-
versity, including coverage relating to property and 
liability, or make other provisions against losses; and 
(10) to exercise all other lawful powers nec-
essarily 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 sepa-
rately from Federal funds. 
(c) FIDUCIARY DUTY.— 
(1) IN GENERAL.—Members of the Board shall 
have a fiduciary duty to the University, including 
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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 mem-
bers on behalf of the University. 
SEC. 10. EXECUTIVE BOARD. 
(a) ESTABLISHMENT.—There is established an Exec-
utive 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 oc-
curs 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.— 
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(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 enact-
ment 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 In-
terim President of the University until the ear-
lier of— 
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(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 ap-
points a new individual to serve as Presi-
dent 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 en-
actment of this Act, the Board shall— 
(i) reappoint the Interim President of 
the University as the President of the Uni-
versity; 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 poli-
cies and functions of the University; and 
(2) authority over all personnel and activities of 
the University. 
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(c) COMPENSATION.—The Board shall have the au-
thority to fix the compensation (including health and re-
tirement 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 re-
moved 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 Presi-
dent 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 pre-
scribe the duties of such officers and employees as the 
President of the University deems necessary for the effi-
cient 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 Univer-
sity is appointed under section 11(a), the President 
of the University shall make or modify, as applica-
ble, policies and procedures governing— 
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(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 appro-
priate. 
(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 deter-
mination by the President of the University to not 
re-employ or to discharge the officer or employee. 
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(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 em-
ployment of the officer or employee. 
(e) LEAVE.— 
(1) IN
GENERAL.—Any individual who is an 
employee of the Federal Government and is trans-
ferred 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 imme-
diately before the effective date of the transfer or re-
appointment. 
(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. 
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(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 pro-
cedures 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 indi-
vidual 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— 
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(A) an individual whose services are pro-
cured 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.—Employ-
ees 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 min-
imum standards established by the Board under 
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paragraph (2) to be eligible to be employed by 
the University. 
(B) NEW EMPLOYEES.—An individual that 
seeks employment with the University shall un-
dergo 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 subpara-
graphs (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 back-
ground checks. 
(3) ANNUAL CERTIFICATION; SUBMISSION.— 
(A) IN
GENERAL.—Not later than Sep-
tember 1 of each year, the Board shall certify 
that all employees of the University received a 
background check in accordance with the min-
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imum standards established under paragraph 
(2). 
(B) SUBMISSION.—The Board shall submit 
to the President, the Secretary, and the appro-
priate committees of Congress notice of each 
annual certification under subparagraph (A). 
SEC. 13. CONTRIBUTIONS TO EMPLOYEE HEALTH AND RE-
TIREMENT BENEFITS. 
(a) MANDATORY CONTRIBUTIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the University shall make contributions 
toward the health and retirement costs of all em-
ployees, 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 Fed-
eral agencies are mandated to pay into similar 
retirement and health benefit plans. 
(2) ALTERNATIVE BENEFITS.—On a determina-
tion by the Board, in order to support recruitment 
and retention efforts, the University may offer alter-
native health and retirement benefits that differ 
from the benefits described in paragraph (1). 
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(b) ELIGIBILITY FOR FEDERAL BENEFITS.—All em-
ployees 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 Uni-
versity 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 guide-
lines. 
(d) ANNUAL AUDITS.—Annual audits shall be con-
ducted by the Inspector General of the Department of the 
Interior to verify adherence by the University to this sec-
tion. 
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 en-
roll in, programs conducted by the University; 
and 
(B) to extend preference to members of In-
dian Tribes in— 
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(i) employment by the University; and 
(ii) contracts, fellowships, and grants 
awarded by the University. 
(2) INDIVIDUALS DESCRIBED.—Individuals re-
ferred 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 max-
imum extent practicable, give preference in hiring to mem-
bers 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 divi-
dends. 
(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. 
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(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 sub-
ject to liability relating to tort claims only to the ex-
tent 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). 
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SEC. 17. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—There are hereby transferred to 
the University, and the University shall perform, the func-
tions of the legacy institution. 
(b) CERTAIN MATTERS RELATING TO TRANSFERRED 
FUNCTIONS.— 
(1) IN GENERAL.—Subject to subsection (d), all 
personnel, liabilities, contracts, real property, per-
sonal property, assets, and records as are deter-
mined 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 enti-
ty 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 re-
lating to the legacy institution shall, insofar as those 
laws and regulations are appropriate, and not incon-
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sistent with the provisions of this Act, remain in full 
force and effect and apply with respect to the Uni-
versity. 
(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 HARM-
LESS.— 
(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, includ-
ing those which accrued by reason of any statu-
tory, 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 pro-
grams of the Federal Government, in whatever 
form or from whatever source derived, the Uni-
versity shall only be held responsible for actions 
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and requirements, either administrative, regu-
latory, 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 main-
tained 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 insti-
tution on that property. 
(2) USE; PROHIBITION.— 
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(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 subpara-
graph (B), shall not be conveyed or other-
wise sold by the University. 
(B) TRANSFER
TO
IHS.—Facilities con-
veyed to the University under paragraph (1) 
may be transferred to the Indian Health Serv-
ice 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. 
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(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 ac-
tion 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 Con-
gress 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 com-
fortable campus environment. 
Æ 
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