[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4085 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4085
To establish Haskell Indian Nations University as a federally chartered
educational institution to fulfill the treaty and trust responsibility
of the Federal Government to Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2025
Mr. Mann (for himself and Mr. Schmidt) introduced the following bill;
which was referred to the Committee on Education and Workforce, and in
addition to the Committees on Ways and Means, and Natural Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To establish Haskell Indian Nations University as a federally chartered
educational institution to fulfill the treaty and trust responsibility
of the Federal Government to Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haskell Indian Nations University
Improvement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) a high quality, culturally relevant education for
Indians is essential for the survival and strengthening of
Indian Tribes and Indian nations throughout the United States;
(2) the Haskell Indian Industrial Training School was
established by the United States Army in 1884, with the School
renamed the Haskell Institute in 1887 and operated as an
elementary and high school for Indian children until 1965;
(3) in 1967--
(A) the curriculum of the Haskell Institute evolved
to offer 2-year degrees; and
(B) the Institute was renamed Haskell Indian Junior
College;
(4) over the years, the Haskell Indian Junior College--
(A) continued to develop and begin offering 4-year
bachelor's degrees in 4 areas of study;
(B) received accreditation; and
(C) in 1993, was renamed Haskell Indian Nations
University (referred to in this section as the
``University'');
(5) the University has been a unique Federal educational
institution within the Bureau of Indian Education that is
managed by the Secretary and funded through appropriations by
Congress;
(6) the University provides tuition-free higher education
services to more than 900 Indian students every year who
represent approximately 140 Indian nations and Indian Tribes
throughout the United States;
(7) the 320-acre campus of the University is located in
Lawrence, Kansas, with 12 of the 44 total buildings of the
University listed as National Historic Landmarks;
(8) unlike many other public and private institutions of
higher education, the University is solely dependent on Federal
funding;
(9) in recent years, the Bureau of Indian Education and the
administration of the University have struggled--
(A) to fulfill the educational mission of the
University to its Indian students;
(B) to maintain the facilities of the University in
good repair and operation; and
(C) to maintain the extracurricular programs of the
University;
(10) the administration of the University has failed to
properly manage the funds under its custody or to provide a
safe and secure environment for its students, subjecting the
University to recent congressional inquiry; and
(11) in order for the Federal Government to fulfill its
responsibilities to provide a high quality education to
Indians, it is desirable to establish the University as a
federally chartered corporation with an independent board of
trustees to operate the University, with financial support from
the Federal Government and the opportunity to raise private
funds to support the educational mission of the University.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish Haskell Indian Nations University as a
federally chartered educational institution;
(2) to provide the University with independence from the
management authority of the Bureau of Indian Education and
improve the ability of the University to provide a high-quality
education to Indian students;
(3) to establish the University with the tax status of a
charitable organization to accept private donations; and
(4) to affirm the treaty and trust responsibility of the
Federal Government to Indians.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Heath, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Indian Affairs of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Education and Workforce of the
House of Representatives; and
(F) the Committee on Natural Resources of the House
of Representatives.
(2) Board.--The term ``Board'' means the Board of Trustees
of the University established by section 8(a).
(3) Contribution.--The term ``contribution'' means a
monetary payment made by the University towards the health and
retirement plans of an employee of the University.
(4) Indian tribe.--The term ``Indian Tribe'' means an
Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that the Secretary recognizes as an Indian Tribe
pursuant to section 104(a) of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131(a)).
(5) Indian tribes of kansas.--The term ``Indian Tribes of
Kansas'' means--
(A) the Prairie Band Potawatomi Nation;
(B) the Kickapoo Tribe of Indians of the Kickapoo
Reservation in Kansas;
(C) the Sac and Fox Nation of Missouri in Kansas
and Nebraska; and
(D) the Iowa Tribe of Kansas and Nebraska.
(6) ISDEAA terms.--The terms ``Indian'' and ``Tribal
organization'' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
(7) Legacy institution.--The term ``legacy institution''
means the Haskell Indian Nations University, as operated by the
Bureau of Indian Education before the date of enactment of this
Act.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) University.--Except as provided in section 2, the term
``University'' means the Haskell Indian Nations University, the
federally chartered corporation established by section 5(a).
SEC. 5. ESTABLISHMENT OF HASKELL INDIAN NATIONS UNIVERSITY AS A
FEDERALLY CHARTERED CORPORATION.
(a) In General.--There is established a federally chartered
corporation, to be known as the ``Haskell Indian Nations University'',
which shall be under the direction and control of the Board.
(b) Succession; Amendment of Charter.--
(1) Succession.--The University shall have succession until
dissolved by an Act of Congress.
(2) Amendment of charter.--Congress may revise or amend the
charter of the University.
SEC. 6. FUNCTIONS OF UNIVERSITY.
(a) Primary Functions.--The primary functions of the University
shall be--
(1) to provide tuition-free, scholarly study for Indians;
and
(2) to establish programs that culminate in the awarding of
degrees and certificates in the various fields for which the
University is accredited.
(b) Administrative Entities.--
(1) In general.--The Board shall be responsible for
establishing the policies and internal organization that relate
to the control and monitoring of all subdivisions,
administrative entities, and departments of the University.
(2) Responsibility of board.--The specific responsibilities
of each subdivision, entity, and department of the University
are solely within the discretion of the Board, or the designee
of the Board.
(3) Departments of study.--The Board shall establish,
within the University, departments of study.
(c) Other Programs.--In addition to the departments and programs
described in subsection (b), the University shall develop such
departments and programs as the Board, or the designee of the Board,
determines are necessary.
SEC. 7. RELATIONSHIP TO SECRETARY OF THE INTERIOR.
The Secretary shall provide grants and related assistance to the
University.
SEC. 8. BOARD OF TRUSTEES.
(a) Establishment.--There is established a Board of Trustees for
the University.
(b) Composition.--
(1) In general.--The Board shall be composed of 15 voting
members and 1 nonvoting member, in accordance with the
following:
(A) Voting members.--
(i) In general.--In accordance with the
procedures established by the Secretary under
paragraph (2)(B), the voting members of the
Board shall be appointed by the President, by
and with the advice and consent of the Senate,
from among individuals who--
(I) are enrolled members of Indian
Tribes;
(II) are widely recognized in the
field of education, as determined by
the President; and
(III) represent diverse fields of
expertise, including finance, law,
higher education, and Tribal
leadership.
(ii) Initial appointments.--Of the voting
members of the Board first appointed under
clause (i)--
(I) 12 shall be designees of each
of the 12 regions of the Bureau of
Indian Affairs in existence as of the
date of enactment of this Act;
(II) 1 shall be a designee of the
Indian Tribes of Kansas;
(III) 1 shall be a member of the
Haskell Indian Nations University
Alumni Association; and
(IV) 1 shall be an at-large member
of an Indian Tribe.
(B) Nonvoting member.--The nonvoting member of the
Board shall be the president of the student body of the
University, ex officio.
(2) Requirements for appointment of voting members.--
(A) In general.--In appointing the voting members
of the Board under paragraph (1)(A), the President
shall--
(i) consult with Indian Tribes and Tribal
organizations;
(ii) publish in the Federal Register an
announcement of the expiration of terms not
less than 120 days before that expiration;
(iii) solicit nominations from members of
Indian Tribes and Tribal organizations in each
of the 12 regions of the Bureau of Indian
Affairs in existence as of the date of
enactment of this Act;
(iv) give due consideration to the
appointment of individuals who will provide
appropriate regional and Tribal representation
on the Board; and
(v) ensure that those members are enrolled
members of Indian Tribes.
(B) Nomination procedures.--
(i) In general.--Not later than 90 days
after the date of enactment of this Act, the
Secretary shall establish, and publish in the
Federal Register, procedures for facilitating
nominations to the Board described in
subparagraph (A)(iii).
(ii) Requirements.--The nomination
procedures established pursuant to clause (i)
shall establish the following:
(I) A date, which shall be not
later than 60 days after the date on
which the procedures are established,
by which members of Indian Tribes and
Tribal organizations described in
subparagraph (A)(iii) shall submit
nominations for the Board.
(II) A date, which shall be not
later than 90 days after the date
described in subclause (I), by which
the nominations described in that
subclause shall be submitted to the
President.
(III) Procedures by which the
President shall review nominations
described in subclause (II), including
the conduct of interviews.
(IV) A date, which shall be not
later than 90 days after the date
described in subclause (II), by which
the President shall appoint the voting
members of the Board under paragraph
(1)(A)(i) from among the nominations
described in subclause (II).
(iii) No submission of nomination from
certain regions.--If no nomination is received
from a geographic region of the Bureau of
Indian Affairs under subparagraph (A)(iii), the
President shall appoint to the Board under
paragraph (1)(A) an individual from that
geographic region that--
(I) notwithstanding subclause (I)
of clause (i) of that paragraph, is not
a member of an Indian Tribe; and
(II) meets the qualifications
described in subclauses (II) and (III)
of that clause.
(C) Carrying out requirements through the board.--
(i) In general.--The President shall carry
out the requirements described in clauses (ii)
and (iii) of subparagraph (A) through the
Board.
(ii) Recommendations by board.--The Board
shall--
(I) make recommendations to the
President based on the nominations
received from Indian Tribes and Tribal
organizations under subparagraph
(A)(iii);
(II) make recommendations of its
own; and
(III) review and provide comments
to the President on individuals being
considered by the President for whom no
nominations have been received.
(3) Nonvoting member.--The nonvoting member of the Board
shall be entitled--
(A) to attend all meetings of the Board; and
(B) to provide advice to the Board on any matter
relating to the University.
(4) Background checks; minimum standards.--
(A) Background checks for initial members.--
(i) In general.--The initial members
nominated or appointed to the Board under
paragraph (1)(A)(i) shall undergo a background
check in accordance with this subparagraph.
(ii) Requirements.--A background check
conducted pursuant to clause (i) shall--
(I) be facilitated by the Secretary
of Education;
(II) include a fingerprint check
conducted by the Federal Bureau of
Investigation; and
(III) include an investigation
conducted by the Office of Personnel
Management.
(B) Minimum standards for successive members.--In
the bylaws of the Board established under subsection
(h)(3), the Board shall establish minimum standards for
the conduct of background checks for successive members
of the Board nominated and appointed pursuant to a
vacancy on the Board under subsection (d), which
shall--
(i) be equivalent to background check
standards carried out by Federal education
agencies; and
(ii) allow the Board to contract services
from Federal agencies, including the Office of
Personnel Management, to conduct those