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Code · BILL · 119th Congress · S. 2140 (Introduced in Senate) — To establish Haskell Indian Nations University as a federally chartered educational institution to fulfill the treaty... · Sec. 8

Sec. 8. Board of Trustees

1,375 words·~6 min read·/bill/119/s/2140/is/section-8·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

There is established a Board of Trustees for the University. The Board shall be composed of 15 voting members and 1 nonvoting member, in accordance with the following: 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— are enrolled members of Indian Tribes; are widely recognized in the field of education, as determined by the President; and represent diverse fields of expertise, including finance, law, higher education, and Tribal leadership.
Of the voting members of the Board first appointed under clause (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; 1 shall be a designee of the Indian Tribes of Kansas; 1 shall be a member of the Haskell Indian Nations University Alumni Association; and 1 shall be an at-large member of an Indian Tribe. The nonvoting member of the Board shall be the president of the student body of the University, ex officio.
In appointing the voting members of the Board under paragraph (1)(A), the President shall— consult with Indian Tribes and Tribal organizations; publish in the Federal Register an announcement of the expiration of terms not less than 120 days before that expiration; 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; give due consideration to the appointment of individuals who will provide appropriate regional and Tribal representation on the Board; and ensure that those members are enrolled members of Indian Tribes.
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). The nomination procedures established pursuant to clause
(i)shall establish the following: 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. 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. Procedures by which the President shall review nominations described in subclause (II), including the conduct of interviews. 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). 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— notwithstanding subclause
(I)of clause
(i)of that paragraph, is not a member of an Indian Tribe; and meets the qualifications described in subclauses
(II)and
(III)of that clause. The President shall carry out the requirements described in clauses
(ii)and
(iii)of subparagraph
(A)through the Board. The Board shall— make recommendations to the President based on the nominations received from Indian Tribes and Tribal organizations under subparagraph (A)(iii); make recommendations of its own; and review and provide comments to the President on individuals being considered by the President for whom no nominations have been received. The nonvoting member of the Board shall be entitled— to attend all meetings of the Board; and to provide advice to the Board on any matter relating to the University. The initial members nominated or appointed to the Board under paragraph (1)(A)(i) shall undergo a background check in accordance with this subparagraph. A background check conducted pursuant to clause
(i)shall— be facilitated by the Secretary of Education; include a fingerprint check conducted by the Federal Bureau of Investigation; and include an investigation conducted by the Office of Personnel Management. 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— be equivalent to background check standards carried out by Federal education agencies; and allow the Board to contract services from Federal agencies, including the Office of Personnel Management, to conduct those background checks. Except as otherwise provided in this section, voting members of the Board shall be appointed for a term of 6 years. Except as provided in subsection (j), no member of the Board appointed under subsection (b)(1)(A)(i) shall be eligible 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. 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— for the remainder of that term; and in the same manner as the original appointment was made, in accordance with subsection (b)(1)(A)(ii). On a vote of 3/4 of the members of the Board, any member of the Board may be removed by the President for neglect of duty or malfeasance in office. A vacancy in the Board shall not impair the right of the remaining members of the Board to exercise the powers of the Board. The President shall designate 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. On expiration of the term of the initial Chairman and Vice Chairman of the Board designated under paragraph (1), the Chairman and Vice Chairman shall— be elected from among the members of the Board appointed under subsection (b)(1)(A)(i); and serve for a term of 2 years. In the case of a vacancy in the office of Chairman or Vice Chairman of the Board— the vacancy shall be filled by the members of the Board appointed pursuant to subsection (b)(1)(A)(i); and the member filling that vacancy shall serve for the remainder of the unexpired term. Unless otherwise provided by the bylaws of the University, a majority of the members of the Board appointed under subsection (b)(1)(A)(i) shall constitute a quorum. The Board may— formulate the policy of the University; direct the management of the University; and 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. Members of the Board appointed 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— determined in consultation with the Secretary; and published through an official notice after the rate is finalized. All members of the Board, while serving away from their homes or regular places of business, shall be allowed travel expenses (including per diem in lieu of subsistence), as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. In order to maintain the stability and continuity of the Board, the Board shall have the power to recommend the continuation of members on the Board pursuant to this subsection. When the Board makes a recommendation under paragraph (1), the Chairman of the Board shall submit the recommendation to the President not later than 75 days prior to the expiration of the term of the applicable member. 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.
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