,,ii #aaith ,,congress #ast ,session ,s4 #badj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjbe,mr4 ,moran 7for himself1 ,mr4 ,mullin1 and ,mr4 ,marshall7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,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 ,indians1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,haskell ,indian ,nations ,university ,improvement ,act4 #b4 ,findings ,congress finds that-- 7#a7 a high quality1 culturally relevant education for ,indians is essential for the survival and strengthening of ,indian ,tribes and ,indian nations throughout the ,united ,states2 7#b7 the ,haskell ,indian ,industrial ,training ,school was established by the ,united ,states ,army in #ahhd1 with the ,school renamed the ,haskell ,institute in #ahhg and operated as an elementary and high school for ,indian children until #aife2 7#c7 in #aifg-- 7,a7 the curriculum of the ,haskell ,institute evolved to offer #b-year degrees2 and 7,b7 the ,institute was renamed ,haskell ,indian ,junior ,college2 7#d7 over the years1 the ,haskell ,indian ,junior ,college-- 7,a7 continued to develop and begin offering #d-year bachelor's degrees in #d areas of study2 7,b7 received accreditation2 and 7,c7 in #aiic1 was renamed ,haskell ,indian ,nations ,university 7referred to in this section as the ,university72 7#e7 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 ,congress2 7#f7 the ,university provides tuition-free higher education services to more than #ijj ,indian students every year who represent approximately #adj ,indian nations and ,indian ,tribes throughout the ,united ,states2 7#g7 the #cbj-;acre campus of the ,university is located in ,lawrence1 ,kansas1 with #ab of the #dd total buildings of the ,university listed as ,national ,historic ,landmarks2 7#h7 unlike many other public and private institutions of higher education1 the ,university is solely dependent on ,federal funding2 7#i7 in recent years1 the ,bureau of ,indian ,education and the administration of the ,university have struggled-- 7,a7 to fulfill the educational mission of the ,university to its ,indian students2 7,b7 to maintain the facilities of the ,university in good repair and operation2 and 7,c7 to maintain the extracurricular programs of the ,university2 7#aj7 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 students1 subjecting the ,university to recent congressional inquiry2 and 7#aa7 in order for the ,federal ,government to fulfill its responsibilities to provide a high quality education to ,indians1 it is desirable to establish the ,university as a federally chartered corporation with an independent board of trustees to operate the ,university1 with financial support from the ,federal ,government and the opportunity to raise private funds to support the educational mission of the ,university4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to establish ,haskell ,indian ,nations ,university as a federally chartered educational institution2 7#b7 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 students2 7#c7 to establish the ,university with the tax status of a charitable organization to accept private donations2 and 7#d7 to affirm the treaty and trust responsibility of the ,federal ,government to ,indians4 #d4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,heath1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,indian ,affairs of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on ,education and ,workforce of the ,house of ,representatives2 and 7,f7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,board ,the term ,board means the ,board of ,trustees of the ,university established by section #h7;a74 7#c7 ,contribution ,the term contribution means a monetary payment made by the ,university towards the health and retirement plans of an employee of the ,university4 7#d7 ,indian ,tribe ,the term ,indian ,tribe means an ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 or community that the ,secretary recognizes as an ,indian ,tribe pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a774 7#e7 ,indian ,tribes of ,kansas ,the term ,indian ,tribes of ,kansas means-- 7,a7 the ,prairie ,band ,potawatomi ,nation2 7,b7 the ,kickapoo ,tribe of ,indians of the ,kickapoo ,reservation in ,kansas2 7,c7 the ,sac and ,fox ,nation of ,missouri in ,kansas and ,nebraska2 and 7,d7 the ,iowa ,tribe of ,kansas and ,nebraska4 7#f7 ,,isdeaa terms ,the terms ,indian and ,tribal organization have the meanings given those terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#g7 ,legacy institution ,the term legacy institution means the ,haskell ,indian ,nations ,university1 as operated by the ,bureau of ,indian ,education before the date of enactment of this ,act4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,university ,except as provided in section #b1 the term ,university means the ,haskell ,indian ,nations ,university1 the federally chartered corporation established by section #e7;a74 #e4 ,establishment of ,haskell ,indian ,nations ,university as a federally chartered corporation 7a7 ,in general ,there is established a federally chartered corporation1 to be known as the ,haskell ,indian ,nations ,university1 which shall be under the direction and control of the ,board4 7b7 ,succession2 amendment of charter 7#a7 ,succession ,the ,university shall have succession until dissolved by an ,act of ,congress4 7#b7 ,amendment of charter ,congress may revise or amend the charter of the ,university4 #f4 ,functions of ,university 7a7 ,primary functions ,the primary functions of the ,university shall be-- 7#a7 to provide tuition-free1 scholarly study for ,indians2 and 7#b7 to establish programs that culminate in the awarding of degrees and certificates in the various fields for which the ,university is accredited4 7b7 ,administrative entities 7#a7 ,in general ,the ,board shall be responsible for establishing the policies and internal organization that relate to the control and monitoring of all subdivisions1 administrative entities1 and departments of the ,university4 7#b7 ,responsibility of ,board ,the specific responsibilities of each subdivision1 entity1 and department of the ,university are solely within the discretion of the ,board1 or the designee of the ,board4 7#c7 ,departments of study ,the ,board shall establish1 within the ,university1 departments of study4 7c7 ,other programs ,in addition to the departments and programs described in subsection 7b71 the ,university shall develop such departments and programs as the ,board1 or the designee of the ,board1 determines are necessary4 #g4 ,relationship to ,secretary of the ,interior ,the ,secretary shall provide grants and related assistance to the ,university4 #h4 ,board of ,trustees 7a7 ,establishment ,there is established a ,board of ,trustees for the ,university4 7b7 ,composition 7#a7 ,in general ,the ,board shall be composed of #ae voting members and #a nonvoting member1 in accordance with the following3 7,a7 ,voting members 7i7 ,in general ,in accordance with the procedures established by the ,secretary under paragraph 7#b77;,b71 the voting members of the ,board shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 from among individuals who-- 7,i7 are enrolled members of ,indian ,tribes2 7,,ii7 are widely recognized in the field of education1 as determined by the ,president2 and 7,,iii7 represent diverse fields of expertise1 including finance1 law1 higher education1 and ,tribal leadership4 7ii7 ,initial appointments ,of the voting members of the ,board first appointed under clause 7i7-- 7,i7 #ab shall be designees of each of the #ab regions of the ,bureau of ,indian ,affairs in existence as of the date of enactment of this ,act2 7,,ii7 #a shall be a designee of the ,indian ,tribes of ,kansas2 7,,iii7 #a shall be a member of the ,haskell ,indian ,nations ,university ,alumni ,association2 and 7,,iv7 #a shall be an at-large member of an ,indian ,tribe4 7,b7 ,nonvoting member ,the nonvoting member of the ,board shall be the president of the student body of the ,university1 ex officio4 7#b7 ,requirements for appointment of voting members 7,a7 ,in general ,in appointing the voting members of the ,board under paragraph 7#a77;,a71 the ,president shall-- 7i7 consult with ,indian ,tribes and ,tribal organizations2 7ii7 publish in the ,federal ,register an announcement of the expiration of terms not less than #abj days before that expiration2 7iii7 solicit nominations from members of ,indian ,tribes and ,tribal organizations in each of the #ab regions of the ,bureau of ,indian ,affairs in existence as of the date of enactment of this ,act2 7iv7 give due consideration to the appointment of individuals who will provide appropriate regional and ,tribal representation on the ,board2 and 7v7 ensure that those members are enrolled members of ,indian ,tribes4 7,b7 ,nomination procedures 7i7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish1 and publish in the ,federal ,register1 procedures for facilitating nominations to the ,board described in subparagraph 7,a77iii74 7ii7 ,requirements ,the nomination procedures established pursuant to clause 7i7 shall establish the following3 7,i7 ,a date1 which shall be not later than #fj days after the date on which the procedures are established1 by which members of ,indian ,tribes and ,tribal organizations described in subparagraph 7,a77iii7 shall submit nominations for the ,board4 7,,ii7 ,a date1 which shall be not later than #ij days after the date described in subclause 7,i71 by which the nominations described in that subclause shall be submitted to the ,president4 7,,iii7 ,procedures by which the ,president shall review nominations described in subclause 7,,ii71 including the conduct of interviews4 7,,iv7 ,a date1 which shall be not later than #ij days after the date described in subclause 7,,ii71 by which the ,president shall appoint the voting members of the ,board under paragraph 7#a77;,a77i7 from among the nominations described in subclause 7,,ii74 7iii7 ,no submission of nomination from certain regions ,if no nomination is received from a geographic region of the ,bureau of ,indian ,affairs under subparagraph 7,a77iii71 the ,president shall appoint to the ,board under paragraph 7#a77;,a7 an individual from that geographic region that-- 7,i7 notwithstanding subclause 7,i7 of clause 7i7 of that paragraph1 is not a member of an ,indian ,tribe2 and 7,,ii7 meets the qualifications described in subclauses 7,,ii7 and 7,,iii7 of that clause4 7,c7 ,carrying out requirements through the ,board 7i7 ,in general ,the ,president shall carry out the requirements described in clauses 7ii7 and 7iii7 of subparagraph 7,a7 through the ,board4 7ii7 ,recommendations by ,board ,the ,board shall-- 7,i7 make recommendations to the ,president based on the nominations received from ,indian ,tribes and ,tribal organizations under subparagraph 7,a77iii72 7,,ii7 make recommendations of its own2 and 7,,iii7 review and provide comments to the ,president on individuals being considered by the ,president for whom no nominations have been received4 7#c7 ,nonvoting member ,the nonvoting member of the ,board shall be entitled-- 7,a7 to attend all meetings of the ,board2 and 7,b7 to provide advice to the ,board on any matter relating to the ,university4 7#d7 ,background checks2 minimum standards 7,a7 ,background checks for initial members 7i7 ,in general ,the initial members nominated or appointed to the ,board under paragraph 7#a77;,a77i7 shall undergo a background check in accordance with this subparagraph4 7ii7 ,requirements ,a background check conducted pursuant to clause 7i7 shall-- 7,i7 be facilitated by the ,secretary of ,education2 7,,ii7 include a fingerprint check conducted by the ,federal ,bureau of ,investigation2 and 7,,iii7 include an investigation conducted by the ,office of ,personnel ,management4 7,b7 ,minimum standards for successive members ,in the bylaws of the ,board established under subsection 7h77#c71 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 7d71 which shall-- 7i7 be equivalent to background check standards carried out by ,federal education agencies2 and 7ii7 allow the ,board to contract services from ,federal agencies1 including the ,office of ,personnel ,management1 to conduct those background checks4 7c7 ,terms of office 7#a7 ,in general ,except as otherwise provided in this section1 voting members of the ,board shall be appointed for a term of #f years4 7#b7 ,restriction on terms ,except as provided in subsection 7j71 no member of the ,board appointed under subsection 7b77#a77;,a77i7 shall be eligible to serve more than #c consecutive terms1 subject to the condition that the member may continue to serve until the successor of the member is appointed4 7d7 ,vacancies ,a member of the ,board appointed under subsection 7b77#a77;,a77i7 to fill a vacancy occurring before the expiration of the term to which the predecessor of the member was appointed shall be appointed-- 7#a7 for the remainder of that term2 and 7#b7 in the same manner as the original appointment was made1 in accordance with subsection 7b77#a77;,a77ii74 7e7 ,removal 7#a7 ,in general ,on a vote of #c_/d of the members of the ,board1 any member of the ,board may be removed by the ,president for neglect of duty or malfeasance in office4 7#b7 ,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 ,board4 7f7 ,chairman and vice chairman 7#a7 ,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 7b77#a77;,a77i71 who shall each serve for a term of #a year4 7#b7 ,successive chairmen and vice chairmen ,on expiration of the term of the initial ,chairman and ,vice ,chairman of the ,board designated under paragraph 7#a71 the ,chairman and ,vice ,chairman shall-- 7,a7 be elected from among the members of the ,board appointed under subsection 7b77#a77;,a77i72 and 7,b7 serve for a term of #b years4 7#c7 ,vacancies ,in the case of a vacancy in the office of ,chairman or ,vice ,chairman of the ,board-- 7,a7 the vacancy shall be filled by the members of the ,board appointed pursuant to subsection 7b77#a77;,a77i72 and 7,b7 the member filling that vacancy shall serve for the remainder of the unexpired term4 7g7 ,quorum ,unless otherwise provided by the bylaws of the ,university1 a majority of the members of the ,board appointed under subsection 7b77#a77;,a77i7 shall constitute a quorum4 7h7 ,powers ,the ,board may-- 7#a7 formulate the policy of the ,university2 7#b7 direct the management of the ,university2 and 7#c7 make such bylaws and rules as the ,board determines necessary for the administration of its functions under this ,act1 including the organization and procedures of the ,board4 7i7 ,compensation 7#a7 ,in general ,members of the ,board appointed under subsection 7b77#a77;,a77i7 shall1 for each day the members are engaged in the performance of the duties under this ,act1 receive compensation per day1 including travel time1 at a rate specified by the ,board1 which shall be-- 7,a7 determined in consultation with the ,secretary2 and 7,b7 published through an official notice after the rate is finalized4 7#b7 ,travel expenses ,all members of the ,board1 while serving away from their homes or regular places of business1 shall be allowed travel expenses 7including per diem in lieu of subsistence71 as authorized by section #egjc of title #e1 ,united ,states ,code1 for persons in ,government service employed intermittently4 7j7 ,appointment exception for continuity 7#a7 ,in general ,in order to maintain the stability and continuity of the ,board1 the ,board shall have the power to recommend the continuation of members on the ,board pursuant to this subsection4 7#b7 ,notification of ,president ,when the ,board makes a recommendation under paragraph 7#a71 the ,chairman of the ,board shall submit the recommendation to the ,president not later than #ge days prior to the expiration of the term of the applicable member4 7#c7 ,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 7#a7 by the date that is #fj days after the date on which the term of the member expires1 the member shall be deemed to have been reappointed for another full term to the ,board1 with all the appropriate rights and responsibilities4 #i4 ,powers of the ,board 7a7 ,in general ,in carrying out this ,act1 the ,board shall have the power1 in accordance with this ,act-- 7#a7 to adopt1 use1 and alter a corporate seal2 7#b7 to make agreements and contracts with persons1 ,indian ,tribes1 and private or governmental entities2 7#c7 to sue and be sued in its corporate name and to complain and defend in any court of competent jurisdiction2 7#d7 to represent itself1 or to contract for representation1 in all judicial1 legal1 and other proceedings2 7#e7 7,a7 with the approval of the ,federal agency concerned1 to make use of services1 facilities1 and property of any board1 commission1 independent establishment1 or executive agency or department of the ,executive ,branch in carrying out this ,act2 and 7,b7 to pay for that use 7with those payments to be credited to the applicable appropriation that incurred the expense72 7#f7 to use the ,united ,states mails on the same terms and conditions as the executive departments of the ,federal ,government2 7#g7 to obtain the services of experts and consultants in accordance with the provisions of section #caji of title #e1 ,united ,states ,code1 and to accept and utilize the services of voluntary and noncompensated personnel and reimburse that personnel for travel expenses1 including per diem1 as authorized by section #egjc of that title2 7#h7 to acquire1 hold1 maintain1 use1 and operate such real property1 including improvements thereon1 personal property1 equipment1 and other items1 as may be necessary to enable the ,board to carry out the purpose of this ,act2 7#i7 to the extent not already provided by law1 to obtain insurance to cover all activities of the ,university1 including coverage relating to property and liability1 or make other provisions against losses2 and 7#aj7 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 powers1 purposes1 functions1 duties1 and authorized activities of the ,university4 7b7 ,accounting for non-,federal funds ,any funds received by1 or under the control of1 the ,university that are not ,federal funds shall be accounted for separately from ,federal funds4 7c7 ,fiduciary duty 7#a7 ,in general ,members of the ,board shall have a fiduciary duty to the ,university1 including the duty of care1 the duty of loyalty1 the duty of good faith1 the duty of confidentiality1 and the duty of disclosure4 7#b7 ,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 ,university4 #aj4 ,executive ,board 7a7 ,establishment ,there is established an ,executive ,board of the ,board 7referred to in this section as the ,executive ,board74 7b7 ,composition ,the ,executive ,board shall be composed of-- 7#a7 the ,chairman of the ,board2 7#b7 the ,vice ,chairman of the ,board2 7#c7 the ,secretary of the ,board2 7#d7 the ,treasurer of the ,board2 and 7#e7 an at-large member of the ,board1 to be elected by the ,board from among the members of the ,board appointed under section #h7;b77#a77;,a77i74 7c7 ,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 member1 the ,board shall elect a replacement to complete that term4 7d7 ,meetings 7#a7 ,in general ,the ,executive ,board shall hold not more than #bd regular meetings per calendar year4 7#b7 ,special meetings ,special meetings of the ,executive ,board may be held on the call of-- 7,a7 the ,chairman of the ,board2 or 7,b7 #c members of the ,executive ,board4 7e7 ,quorum ,a majority of the ,executive ,board shall constitute a quorum4 7f7 ,powers ,the ,executive ,board may hold and use all the powers of the ,board1 subject to the approval of the ,board4 #aa4 ,president of the ,university 7a7 ,establishment 7#a7 ,in general ,the ,university shall have a ,president1 to be appointed by the ,board1 who shall serve as the chief executive officer of the ,university4 7#b7 ,transition 7,a7 ,in general ,on the date of enactment of this ,act1 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-- 7i7 the date on which that individual is reappointed by the ,board as ,president of the ,university2 and 7ii7 the date on which the ,board appoints a new individual to serve as ,president of the ,university4 7,b7 ,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 #b years after the date of enactment of this ,act1 the ,board shall-- 7i7 reappoint the ,interim ,president of the ,university as the ,president of the ,university2 or 7ii7 appoint a new individual to serve as ,president of the ,university4 7b7 ,responsibilities ,subject to the direction of the ,board and the general supervision of the ,chairman of the ,board1 the ,president of the ,university shall have-- 7#a7 the responsibility for carrying out the policies and functions of the ,university2 and 7#b7 authority over all personnel and activities of the ,university4 7c7 ,compensation ,the ,board shall have the authority to fix the compensation 7including health and retirement benefits7 of the ,president of the ,university4 7d7 ,removal ,on a vote of #aa of the #ae members of the ,board1 the ,president of the ,university may be removed for inefficiency1 neglect of duty1 or malfeasance in office4 #ab4 ,staff of ,university 7a7 ,exemption from civil service ,except as otherwise provided in this section1 title #e1 ,united ,states ,code1 shall not apply to the ,university4 7b7 ,appointment and compensation ,the ,president of the ,university1 with the approval of the ,board1 shall have the authority to appoint1 fix the compensation of 7including health and retirement benefits71 and prescribe the duties of such officers and employees as the ,president of the ,university deems necessary for the efficient administration of the ,university1 in accordance with this section4 7c7 ,policies and procedures 7#a7 ,in general ,not later than #ahj days after the date on which the ,president of the ,university is appointed under section #aa7;a71 the ,president of the ,university shall make or modify1 as applicable1 policies and procedures governing-- 7,a7 the establishment of positions at the ,university2 7,b7 basic compensation for those positions 7including health and retirement benefits72 7,c7 entitlement to compensation2 7,d7 conditions of employment2 7,e7 discharge from employment2 7,f7 the leave system2 and 7,g7 such other matters as may be appropriate4 7#b7 ,rules and regulations ,policies and procedures promulgated under paragraph 7#a7 with respect to discharge and conditions of employment shall require-- 7,a7 that procedures be established for the rapid and equitable resolution of grievances of individuals2 and 7,b7 that no individual may be discharged without notice of the reasons for that discharge4 7d7 ,appeal to ,board 7#a7 ,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 employee4 7#b7 ,overturn by ,board ,on an appeal made under paragraph 7#a7 by an officer of employee of the ,university1 the ,board may1 on a majority vote of the ,board1 in writing1 overturn the determination of the ,president of the ,university with respect to the employment of the officer or employee4 7e7 ,leave 7#a7 ,in general ,any individual who is an employee of the ,federal ,government and is transferred or reappointed1 without a break in service1 from a position under a different leave system to the ,university1 shall be credited for purposes of the leave system provided under rules and regulations promulgated under subsection 7c71 with the annual and sick leave to the credit of that individual immediately before the effective date of the transfer or reappointment4 7#b7 ,leave on termination ,on termination of employment with the ,university1 any annual leave remaining to the credit of an individual covered by this section shall be liquidated in accordance with sections #eeea7;a7 and #fcjf of title #e1 ,united ,states ,code1 except that leave earned or accrued under rules and regulations promulgated under subsection 7c7 shall not be so liquidated4 7#c7 ,leave when transferred ,in the case of any individual who is transferred1 promoted1 or reappointed1 without break in service1 to a position in the ,federal ,government under a different leave system1 any remaining leave to the credit of such person earned or credited under the policies and procedures promulgated under subsection 7c7 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 ,management4 7f7 ,applicability 7#a7 ,in general ,this section shall apply to any individual appointed after the date of enactment of this ,act for employment in the ,university4 7#b7 ,no effect on current employees ,except as provided in subsection 7g71 the enactment of this ,act shall not affect-- 7,a7 the continued employment of any individual employed by the legacy institution before the date of enactment of this ,act2 or 7,b7 the right of the individual to receive the compensation attached to the position4 7#c7 ,exceptions ,this section shall not apply to-- 7,a7 an individual whose services are procured by the ,university pursuant to a written procurement contract2 or 7,b7 employees of an entity performing services pursuant to a written contract with the ,university4 7g7 ,termination of civil service positions ,on the date of enactment of this ,act1 any position at the ,university that is occupied by an individual in the civil service shall terminate4 7h7 ,collective bargaining ,the ,university shall be considered an agency for the purpose of chapter #ga of title #e1 ,united ,states ,code4 7i7 ,compensation for work injuries ,employees of the ,university shall receive compensation for work injuries and illnesses in accordance with chapter #ha of title #e1 ,united ,states ,code4 7j7 ,background checks 7#a7 ,in general 7,a7 ,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 7#b7 to be eligible to be employed by the ,university4 7,b7 ,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 7#b74 7#b7 ,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 7,a7 and 7,b71 as applicable1 of paragraph 7#a71 which shall-- 7,a7 be equivalent to background check standards carried out by ,federal education agencies2 and 7,b7 allow the ,board to contract services from ,federal agencies1 including the ,office of ,personnel ,management1 to conduct those background checks4 7#c7 ,annual certification2 submission 7,a7 ,in general ,not later than ,september #a of each year1 the ,board shall certify that all employees of the ,university received a background check in accordance with the minimum standards established under paragraph 7#b74 7,b7 ,submission ,the ,board shall submit to the ,president1 the ,secretary1 and the appropriate committees of ,congress notice of each annual certification under subparagraph 7,a74 #ac4 ,contributions to employee health and retirement benefits 7a7 ,mandatory contributions 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,university shall make contributions toward the health and retirement costs of all employees1 including to faculty and staff1 which shall-- 7,a7 be made at a level consistent with the requirements imposed on ,federal agencies under applicable ,federal law2 and 7,b7 be consistent with amounts that ,federal agencies are mandated to pay into similar retirement and health benefit plans4 7#b7 ,alternative benefits ,on a determination by the ,board1 in order to support recruitment and retention efforts1 the ,university may offer alternative health and retirement benefits that differ from the benefits described in paragraph 7#a74 7b7 ,eligibility for ,federal benefits ,all employees of the ,university shall be eligible to receive health and retirement benefits1 subject to the condition that the ,university shall meet the obligations of the ,university to make the contributions required under subsection 7a77#a74 7c7 ,implementation and compliance ,the ,university shall establish a compliance framework to ensure that contributions made under subsection 7a77#a7 are made in a timely manner and in accordance with ,federal guidelines4 7d7 ,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 section4 #ad4 ,preference for members of ,indian ,tribes 7a7 ,in general 7#a7 ,in general ,notwithstanding any other provision of ,federal or ,state law1 the ,university may develop a policy-- 7,a7 under which only individuals described in paragraph 7#b7 may be admitted to1 and enroll in1 programs conducted by the ,university2 and 7,b7 to extend preference to members of ,indian ,tribes in-- 7i7 employment by the ,university2 and 7ii7 contracts1 fellowships1 and grants awarded by the ,university4 7#b7 ,individuals described ,individuals referred to in paragraph 7#a77;,a7 are individuals-- 7,a7 that are members of an ,indian ,tribe2 7,b7 that are descendants of a grandparent who is a member of an ,indian ,tribe2 or 7,c7 with #a_/d blood quantum1 as evidenced by a ,certificate of ,degree of ,indian ,blood 7commonly known as a ,,cdib7 by the ,bureau of ,indian ,affairs4 7b7 ,hiring preference ,in carrying out section #ab7;b71 the ,president of the ,university shall1 to the maximum extent practicable1 give preference in hiring to members of ,indian ,tribes4 #ae4 ,nonprofit and nonpolitical nature of the ,university 7a7 ,stock ,the ,university shall have no power to issue any shares of stock or to declare or pay any dividends4 7b7 ,nonprofit nature ,no part of the income or assets of the ,university shall inure to the benefit of any director1 officer1 employee1 or any other individual except as salary or reasonable compensation for services4 7c7 ,nonpolitical nature ,the ,university may not contribute to1 or otherwise support1 any political party or candidate for elective public office4 #af4 ,tax status2 tort liability 7a7 ,tax status ,the ,university and the franchise1 capital1 reserves1 income1 and property of the ,university shall be exempt from all taxation now or hereafter imposed by the ,united ,states1 by any ,indian ,tribe1 or by any ,state or political subdivision thereof4 7b7 ,tort liability 7#a7 ,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 #aga of title #bh1 ,united ,states ,code4 7#b7 ,treatment as ,federal agency ,for purposes of chapter #aga of title #bh1 ,united ,states ,code1 the ,university shall be treated as a ,federal agency 7within the meaning of section #bfga of that title74 7#c7 ,president ,for purposes of chapter #aga of title #bh1 ,united ,states ,code1 the ,president of the ,university shall be deemed the head of the ,federal agency described in paragraph 7#b74 #ag4 ,transfer of functions 7a7 ,in general ,there are hereby transferred to the ,university1 and the ,university shall perform1 the functions of the legacy institution4 7b7 ,certain matters relating to transferred functions 7#a7 ,in general ,subject to subsection 7d71 all personnel1 liabilities1 contracts1 real property1 personal property1 assets1 and records as are determined by the ,director of the ,office of ,management and ,budget to be employed1 held1 or used primarily in connection with any function transferred under subsection 7a7 7regardless of the administrative entity providing the services on the date before the transfer7 shall be transferred to the ,university4 7#b7 ,certain personnel ,personnel engaged in functions transferred under subsection 7a7 shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions1 except that the transfer shall be without reduction in classification or compensation for #a year after the date of the transfer4 7c7 ,references in other law 7#a7 ,in general ,all laws and regulations relating to the legacy institution shall1 insofar as those laws and regulations are appropriate1 and not inconsistent with the provisions of this ,act1 remain in full force and effect and apply with respect to the ,university4 7#b7 ,references ,all references in any other ,federal law to the legacy institution1 or any officer transferred to the ,university under subsection 7b71 shall be deemed to refer to the ,university4 7d7 ,forgiveness of amounts owed2 hold harmless 7#a7 ,in general ,subject to paragraph 7#b7-- 7,a7 the ,university shall be responsible for all obligations of the ,university incurred after the date of the enactment of this ,act2 and 7,b7 the ,secretary shall be responsible for all obligations of the ,university incurred on or before the date of enactment of this ,act1 including those which accrued by reason of any statutory1 contractual1 or other reason prior to that date1 which became payable within #b years of that date4 7#b7 ,exception 7,a7 ,in general ,with respect to all programs of the ,federal ,government1 in whatever form or from whatever source derived1 the ,university shall only be held responsible for actions and requirements1 either administrative1 regulatory1 or statutory in nature1 for events which occurred on or after the date of enactment of this ,act1 including the submission of reports1 audits1 and other required information4 7,b7 ,no relief ,the ,united ,states may not seek any monetary damages or repayment for the commission of events1 or omission to comply with either administrative or regulatory requirements1 for any action that occurred prior to the date of enactment of this ,act4 #ah4 ,headquarters of the ,university 7a7 ,in general ,lawrence1 ,kansas1 shall be maintained as the location for the ,university4 7b7 ,branches ,the ,university may establish branches at additional locations to fulfill its functions and acquire or lease land as may be necessary4 7c7 ,facilities and land 7#a7 ,conveyance of property ,on the date of enactment of this ,act1 the ,secretary shall convey to the ,university all right1 title1 and interest of the ,united ,states in and to the property of the legacy institution1 including all facilities of the legacy institution on that property4 7#b7 ,use2 prohibition 7,a7 ,in general ,the land and facilities conveyed to the ,university under paragraph 7#a7-- 7i7 shall only be used to further the purposes described in section #c1 which may include the demolition of such facilities2 and 7ii7 except as provided in subparagraph 7,b71 shall not be conveyed or otherwise sold by the ,university4 7,b7 ,transfer to ,,ihs ,facilities conveyed to the ,university under paragraph 7#a7 may be transferred to the ,indian ,health ,service for use by the ,indian ,health ,service4 #ai4 ,compliance with other laws 7a7 ,in general ,the ,university shall comply with the provisions of-- 7#a7 ,public ,law #ie-cda 7commonly known as the ,american ,indian ,religious ,freedom ,act7 7#db ,u4,s4,c4 #aiif et seq472 7#b7 the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq472 and 7#c7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code4 7b7 ,criminal laws ,all ,federal criminal laws relating to larceny1 embezzlement1 or conversion of the funds or the property of the ,united ,states shall apply to the funds and property of the ,university4 7c7 ,other ,federal assistance 7#a7 ,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 grant1 contract1 or cooperative agreement4 7#b7 ,applications 7,a7 ,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 grant1 contract1 cooperative agreement1 or project as a condition to the application for1 or receipt of1 ,federal assistance4 7,b7 ,savings provision ,nothing in this subsection affects in a negative fashion the review1 prioritization1 or acceptance of any application or proposal for such a program1 solicited or unsolicited4 #bj4 ,endowment program 7a7 ,program enhancement endowment 7#a7 ,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 7referred to in this subsection as the trust fund71 to be maintained by the ,university at a federally insured banking or savings institution4 7#b7 ,contributions 7,a7 ,in general ,the ,president of the ,university shall provide-- 7i7 for deposit in the trust fund-- 7,i7 7aa7 an initial capital contribution by the ,university of #e1jjj1jjj2 and 7bb7 such additional capital contributions as may be required under subparagraph 7,b72 and 7,,ii7 any earnings on the funds deposited under this subparagraph2 and 7ii7 for the reservation for the sole use of the ,university of any noncash1 in-kind contributions of real or personal property1 which may at any time be converted to cash1 which shall be deposited as a capital contribution into the trust fund4 7,b7 ,matching contributions ,for each #e1jjj1jjj that the ,university1 through private fundraising or bequests made on behalf of the ,university1 raises1 the ,university shall match that amount through a capital contribution1 which shall be deposited in the trust fund4 7#c7 ,return to ,treasury ,if1 at any time1 the ,university withdraws any capital contribution 7as described in items 7aa7 and 7bb7 of paragraph 7#b77;,a77i77,i77 made by the ,university to the trust fund or puts any property 7as described in paragraph 7#b77;,a77ii77 to a use which is not for the sole benefit of the ,university1 an amount equal to the value of the ,federal contribution shall be withdrawn from the trust fund and returned to the ,treasury as miscellaneous receipts4 7#d7 ,interest ,interest deposited in the trust fund pursuant to paragraph 7#b77;,a77i77,,ii7 may be periodically withdrawn and used1 at the direction of the ,board or its designee1 to defray any expense associated with the operation of the ,university1 including the expense of operations and maintenance1 administration1 academic and support personnel1 community and student services programs1 and technical assistance4 7#e7 ,requirements 7,a7 ,in general ,for the purpose of complying with the contribution requirement under paragraph 7#b77;,a77ii71 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 source1 including interest earned by the funds invested under this subsection4 7,b7 ,in-kind contributions ,in-kind contributions shall be-- 7i7 property other than fully depreciable property2 and 7ii7 valued according to the procedures established for such purpose by the ,secretary of the ,treasury4 7,c7 ,eligibility for matching funds ,for purposes of this paragraph1 all contributions1 including in-kind and real estate1 which are received by the ,university beginning on the date on which the initial members of the ,board appointed under section #h7;b77#a77;,a77ii7 are confirmed by the ,senate1 but which have not been included in the computations under this subsection1 shall be eligible for matching with ,federal funds appropriated in any fiscal year4 7#f7 ,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 of1 or irrevocably committed to the use of1 the ,university as a capital contribution of the ,university in accordance with this subsection4 7b7 ,use of amounts from the ,national ,parks and ,public ,land ,legacy ,restoration ,fund ,section #bjjdjb7;e77#a7 of title #ed1 ,united ,states ,code1 is amended1 in the matter preceding subparagraph 7,a71 by inserting 7including ,haskell ,indian ,nations ,university and the ,southwestern ,indian ,polytechnic ,institute7 after schools4 7c7 ,general administrative provisions 7#a7 ,in general ,funds in the trust fund described in subsection 7a7 shall be invested under the same conditions and limitations as funds are invested under section #cca7;c77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfe7;c77#b77 and the regulations implementing that section 7as such regulations were in effect at the time the funds are invested74 7#b7 ,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 person4 7#c7 ,use of funds to secure loan ,any amounts deposited in the trust fund authorized under subsection 7a7 may be used to secure loans procured for the purposes of constructing or improving ,university facilities4 7#d7 ,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 ,board1 including record keeping procedures for the expenditure of accumulated interest for the trust fund under subsection 7a7 as will allow the ,secretary of the ,treasury to audit and monitor activities under this section4 #ba4 ,establishment of ,endowment ,board of ,trustees 7a7 ,in general ,the ,university shall establish an independent ,board of ,trustees1 to be known as the ,endowment ,board 7referred to in this section as the ,endowment ,board71 dedicated to overseeing the management and investment of the endowment funds of the ,university under section #bj4 7b7 ,appointment ,members of the ,endowment ,board shall be appointed by the ,board on an affirmative vote of #aa of the #ae members of the ,board4 7c7 ,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 ,board4 7d7 ,powers ,the ,endowment ,board shall operate separately from the ,board1 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 ,university4 7e7 ,responsibilities ,the ,endowment ,board shall be responsible for-- 7#a7 managing and overseeing the investment and allocation of the trust fund under section #bj2 7#b7 developing and implementing investment policies and strategies to optimize the financial performance of the trust fund under that section2 and 7#c7 reporting regularly to the ,board on the performance of the trust fund under that section and making recommendations1 as appropriate4 #bb4 ,provision of facilities 7a7 ,master plan 7#a7 ,in general ,the ,board shall prepare a master plan on the short-term and long-term facilities needs of the ,university1 which shall include evaluation of all facets of existing ,university programs1 including support activities and programs and facilities4 7#b7 ,requirements ,the master plan prepared under paragraph 7#a7 shall evaluate development and construction requirements 7based on a growth plan approved by the ,board71 including items such as infrastructure and site analysis1 development of a phased plan with architectural and engineering studies1 cost projections1 landscaping1 and related studies which cover all facets of the programs and planned functions of the ,university4 7b7 ,deadline for transmittal of initial master plan ,not later than #b years after the date of enactment of this ,act1 the ,board shall submit to the appropriate committees of ,congress the master plan prepared under subsection 7a71 which shall include a prioritization of needs1 as determined by the ,board4 7c7 ,updated master plans ,not later than #b years after the date on which the ,board submits the initial master plan under subsection 7b71 and not less frequently than once every #e years thereafter1 the ,board shall prepare and submit to the appropriate committees of ,congress an updated master plan in accordance with the requirements described in subsection 7a74 #bc4 ,reports 7a7 ,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 #a-year period preceding the date of the report1 which shall include1 among other matters-- 7#a7 a detailed statement of all private and public funds1 gifts1 and other items of a monetary value received by the ,university during that period and the disposition thereof2 and 7#b7 any recommendations for improving the ,university4 7b7 ,budget proposal 7#a7 ,submission 7,a7 ,in general ,not later than #ahj days after the date on which the initial members of the ,board appointed under section #h7;b77#a77;,a77ii7 are confirmed by the ,senate1 and each fiscal year thereafter1 the ,board shall submit to ,congress a budget proposal4 7,b7 ,initial submission to ,,omb ,prior to the submission to ,congress of a budget proposal under subparagraph 7,a71 the ,board shall submit the applicable budget proposal to the ,director of the ,office of ,management and ,budget1 who shall provide advice and recommendations on the proposal before returning the proposal to the ,university for submission to ,congress under that subparagraph4 7#b7 ,requirements ,a budget proposal submitted under paragraph 7#a77;,a7 shall-- 7,a7 be submitted not later than ,april #a of each calendar year2 and 7,b7 propose a budget for the ,university for the #b fiscal years succeeding the fiscal year during which the proposal is submitted4 7#c7 ,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 7#a77;,a71 ,congress shall not consider the amount of private fundraising or bequests made on behalf of the ,university during any preceding fiscal year4 #bd4 ,authorization of appropriations 7a7 ,discretionary appropriations 7#a7 ,in general ,there is authorized to be appropriated not less than #bg1jjj1jjj for each fiscal year to carry out this ,act4 7#b7 ,trust fund 7,a7 ,initial contribution ,there is authorized to be appropriated #e1jjj1jjj for the initial capital contribution of the ,university to the trust fund under section #bj7;a77#b77;,a77i77,i77aa7 for fiscal year #bjbf4 7,b7 ,successive contributions ,there is authorized to be appropriated not less than #e1jjj1jjj to carry out section #bj7;a77#b77;,b74 7b7 ,availability of funds 7#a7 ,in general ,for the purpose of affording adequate notice of funding available under this ,act1 amounts appropriated in an appropriation ,act for any fiscal year to carry out this ,act shall-- 7,a7 become available for obligation on ,june #a of that fiscal year2 and 7,b7 remain available until ,september #cj of the succeeding fiscal year4 7#b7 ,transition ,to effect a transition to the forward funding method of timing appropriation action described in paragraph 7#a71 there are authorized to be appropriated1 in an appropriation ,act or ,acts for the same fiscal year1 #b separate appropriations to carry out this ,act4 7c7 ,sense of congress ,it is the sense of ,congress that the ,university should receive1 on an annual basis1 such increases in appropriations as are necessary to ensure that the ,university is able to provide a high-quality educational experience in a safe1 secure1 and comfortable campus environment4