II

104TH CONGRESS

2D SESSION S. 2189

To enhance the administrative authority of the president of Southwestern

Indian Polytechnic Institute, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 2, 1996

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

A BILL

To enhance the administrative authority of the president

of Southwestern Indian Polytechnic Institute, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Southwestern Indian

5 Polytechnic Institute Administrative Systems Act of

6 1996’’.

7 SEC. 2. FINDINGS.

8 The Congress finds that—

9 (1) the provision of culturally sensitive experi10 ences and vocationally relevant curricula at South-
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1 western Indian Polytechnic Institute is consistent

2 with the commitment of the Federal Government to

3 the fulfillment of treaty obligations to Indian tribes

4 through the principle of self-determination and the

5 use of Federal resources; and

6 (2) giving a greater degree of autonomy to

7 Southwestern Indian Polytechnic Institute, while

8 maintaining the institute as an integral part of the

9 Bureau of Indian Affairs, will facilitate the adminis10 tration and improvement of the academic programs

11 of the institute.

12 SEC. 3. DEFINITIONS.

13 For purposes of this Act the following definitions

14 shall apply:

15 (1) INSTITUTE.—The term ‘‘institute’’ means

16 the Southwestern Indian Polytechnic Institute, lo17 cated in Albuquerque, New Mexico.

18 (2) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of the Interior.

20 SEC. 4. PERSONNEL MANAGEMENT.

21 (a) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

22 LAWS.—Chapters 51, 53, and 63 of title 5, United States

23 Code (relating to classification, pay, and leave, respec24 tively) and the provisions of such title relating to the ap25 pointment, performance evaluation, promotion, and re-
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1 moval of civil service employees shall not apply to appli2 cants for employment with, employees of, or positions in

3 or under the institute.

4 (b) ALTERNATIVE PERSONNEL MANAGEMENT PRO5 VISIONS.—

6 (1) IN GENERAL.—The president of the insti7 tute shall by regulation prescribe such personnel

8 management provisions as may be necessary, in

9 order to ensure the effective administration of the

10 institute, to replace the provisions of law that are in11 applicable with respect to the institute by reason of

12 subsection (a).

13 (2) PROCEDURAL REQUIREMENTS.—The regu14 lations prescribed under this subsection shall—

15 (A) be prescribed by the president of the

16 institute in consultation with the appropriate

17 governing body of the institute;

18 (B) be subject to the requirements of sub19 sections (b) through (e) of section 553 of title

20 5, United States Code; and

21 (C) not take effect without the prior writ22 ten approval of the Secretary.

23 (c) SPECIFIC SUBSTANTIVE REQUIREMENTS.—

24 Under the regulations prescribed under this subsection—
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1 (1) no rate of basic pay may, at any time, ex2 ceed—

3 (A) in the case of an employee who would

4 otherwise be subject to the General Schedule,

5 the maximum rate of basic pay then currently

6 payable for grade GS–15 of the General Sched7 ule (including any amount payable under sec8 tion 5304 of title 5, United States Code, or

9 other similar authority for the locality involved);

10 or

11 (B) in the case of an employee who would

12 otherwise be subject to subchapter IV of chap13 ter 53 of title 5, United States Code (relating

14 to prevailing rate systems), the maximum rate

15 of basic pay which (but for this section) would

16 then otherwise be currently payable under the

17 wage schedule covering such employee;

18 (2) the limitation under section 5307 of title 5,

19 United States Code (relating to limitation on certain

20 payments) shall apply, subject to such definitional

21 and other modifications as may be necessary in the

22 context of the alternative personnel management

23 provisions established under this section;

24 (3) procedures shall be established for the rapid

25 and equitable resolution of grievances;
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1 (4) no institute employee may be discharged

2 without notice of the reasons therefor and oppor3 tunity for a hearing under procedures that comport

4 with the requirements of due process, except that

5 this paragraph shall not apply in the case of an em6 ployee serving a probationary or trial period under

7 an initial appointment; and

8 (5) institute employees serving for a period

9 specified in or determinable under an employment

10 agreement shall, except as otherwise provided in the

11 agreement, be notified at least 30 days before the

12 end of such period as to whether their employment

13 agreement will be renewed.

14 (d) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be considered to affect—

16 (1) the applicability of any provision of law pro17 viding for—

18 (A) equal employment opportunity;

19 (B) Indian preference; or

20 (C) veterans’ preference; or

21 (2) the eligibility of any individual to partici22 pate in any retirement system, any program under

23 which any health insurance or life insurance is af24 forded, or any program under which unemployment
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1 benefits are afforded, with respect to Federal em2 ployees.

3 (e) LABOR-MANAGEMENT PROVISIONS.—

4 (1) COLLECTIVE-BARGAINING AGREEMENTS.—

5 Any collective-bargaining agreement in effect on the

6 day before the effective date specified under sub7 section (f)(1) shall continue to be recognized by the

8 institute until altered or amended pursuant to law.

9 (2) EXCLUSIVE REPRESENTATIVE.—Nothing in

10 this Act shall affect the right of any labor organiza11 tion to be accorded (or to continue to be accorded)

12 recognition as the exclusive representative of any

13 unit of institute employees.

14 (3) OTHER PROVISIONS.—Matters made subject

15 to regulation under this section shall not be subject

16 to collective bargaining, except in the case of any

17 matter under chapter 63 of title 5, United States

18 Code (relating to leave).

19 (f) EFFECTIVE DATE.—

20 (1) ALTERNATIVE PERSONNEL MANAGEMENT

21 PROVISIONS.—The alternative personnel manage22 ment provisions under this section shall take effect

23 on such date as may be specified in the regulations,

24 except that such date may not be later than 1 year

25 after the date of the enactment of this Act.
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1 (2) PROVISIONS MADE INAPPLICABLE BY THIS

2 SECTION.—Subsection (a) shall take effect on the

3 date specified under paragraph (1).

4 (g) APPLICABILITY.—

5 (1) IN GENERAL.—Except as otherwise pro6 vided in this subsection, the alternative personnel

7 management provisions under this section shall

8 apply with respect to all applicants for employment

9 with, all employees of, and all positions in or under

10 the institute.

11 (2) CURRENT EMPLOYEES NOT COVERED EX12 CEPT PURSUANT TO A VOLUNTARY ELECTION.—

13 (A) IN GENERAL.—An institute employee

14 serving on the day before the effective date

15 specified under subsection (f)(1) shall not be

16 subject to the alternative personnel manage17 ment provisions under this section (and shall

18 instead, for all purposes, be treated in the same

19 way as if this section had not been enacted,

20 notwithstanding subsection (a)) unless, before

21 the end of the 5-year period beginning on such

22 effective date, such employee elects to be cov23 ered by such provisions.

24 (B) PROCEDURES.—An election under this

25 paragraph shall be made in such form and in
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1 such manner as may be required under the reg2 ulations, and shall be irrevocable.

3 (3) TRANSITION PROVISIONS.—

4 (A) PROVISIONS RELATING TO ANNUAL

5 AND SICK LEAVE.—Any individual who—

6 (i) makes an election under paragraph

7 (2), or

8 (ii) on or after the effective date spec9 ified under subsection (f)(1), is trans10 ferred, promoted, or reappointed, without a

11 break in service of 3 days or longer, to an

12 institute position from a noninstitute posi13 tion with the Federal Government or the

14 government of the District of Columbia,

15 shall be credited, for the purpose of the leave

16 system provided under regulations prescribed

17 under this section, with the annual and sick

18 leave to such individual’s credit immediately be19 fore the effective date of such election, transfer,

20 promotion, or reappointment, as the case may

21 be.

22 (B) LIQUIDATION OF REMAINING LEAVE

23 UPON TERMINATION.—

24 (i) ANNUAL LEAVE.—Upon termi25 nation of employment with the institute,
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1 any annual leave remaining to the credit of

2 an individual within the purview of this

3 section shall be liquidated in accordance

4 with section 5551(a) and section 6306 of

5 title 5, United States Code, except that

6 leave earned or accrued under regulations

7 prescribed under this section shall not be

8 so liquidated.

9 (ii) SICK LEAVE.—Upon termination

10 of employment with the institute, any sick

11 leave remaining to the credit of an individ12 ual within the purview of this section shall

13 be creditable for civil service retirement

14 purposes in accordance with section

15 8339(m) of title 5, United States Code, ex16 cept that leave earned or accrued under

17 regulations prescribed under this section

18 shall not be so creditable.

19 (C) TRANSFER OF REMAINING LEAVE

20 UPON TRANSFER, PROMOTION, OR REEMPLOY21 MENT.—In the case of any institute employee

22 who is transferred, promoted, or reappointed,

23 without a break in service of 3 days or longer,

24 to a position in the Federal Government (or the

25 government of the District of Columbia) under
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1 a different leave system, any remaining leave to

2 the credit of that individual earned or credited

3 under the regulations prescribed under this sec4 tion shall be transferred to such individual’s

5 credit in the employing agency on an adjusted

6 basis in accordance with regulations which shall

7 be prescribed by the Office of Personnel Man8 agement.

9 (4) WORK-STUDY.—Nothing in this section

10 shall be considered to apply with respect to a work11 study student, as defined by the president of the in12 stitute in writing.

13 SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.

14 The Secretary shall, to the maximum extent consist15 ent with applicable law and subject to the availability of

16 appropriations therefor, delegate, to the president of the

17 institute, procurement and contracting authority with re18 spect to the conduct of the administrative functions of the

19 institute.

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated for fiscal

22 year 1997, and for each fiscal year thereafter—

23 (1) the amount of funds made available by ap24 propriations as operations funding for the adminis25 tration of the institute for fiscal year 1996; and
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1 (2) such additional sums as may be necessary

2 for the operation of the institute pursuant to this

3 Act.

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