[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