II

104TH CONGRESS

2D SESSION S. 2117

To enhance the administrative authority of the president of Haskell Indian

Nations University, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25, 1996

Mrs. KASSEBAUM (for herself and Mr. INOUYE) 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 Haskell Indian Nations University, 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 ‘‘Haskell Indian Nations

5 University Administrative Systems Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) the provision of culturally sensitive curricula

9 for higher education programs at Haskell Indian

10 Nations University is consistent with the commit-
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1 ment of the Federal Government to the fulfillment

2 of treaty obligations to Indian tribes through the

3 principle of self-determination and the use of Fed4 eral resources; and

5 (2) giving a greater degree of autonomy to Has6 kell Indian Nations University, while maintaining

7 the university as an integral part of the Bureau of

8 Indian Affairs, will facilitate the transition of the

9 university to a 4-year university.

10 SEC. 3. DEFINITIONS.

11 For purposes of this Act the following definitions

12 shall apply:

13 (1) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Interior.

15 (2) UNIVERSITY.—The term ‘‘Haskell Indian

16 Nations University’’ or ‘‘university’’ means the Has17 kell Indian Nations University, located in Lawrence,

18 Kansas.

19 SEC. 4. PERSONNEL MANAGEMENT.

20 (a) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

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

22 Code (relating to classification, pay, and leave, respec23 tively) and the provisions of such title relating to the ap24 pointment, performance evaluation, promotion, and re25 moval of civil service employees shall not apply to appli-
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1 cants for employment with, employees of, or positions in

2 or under the university.

3 (b) ALTERNATIVE PERSONNEL MANAGEMENT PRO4 VISIONS.—

5 (1) IN GENERAL.—The president of the univer6 sity shall by regulation prescribe such personnel

7 management provisions as may be necessary, in

8 order to ensure the effective administration of the

9 university, to replace the provisions of law that are

10 inapplicable with respect to the university by reason

11 of subsection (a).

12 (2) PROCEDURAL REQUIREMENTS.—The regu13 lations prescribed under this subsection shall—

14 (A) be prescribed in consultation with the

15 board of regents of the university and other ap16 propriate representative bodies;

17 (B) be subject to the requirements of sub18 sections (b) through (e) of section 553 of title

19 5, United States Code; and

20 (C) not take effect without the prior writ21 ten approval of the Secretary.

22 (c) SPECIFIC SUBSTANTIVE REQUIREMENTS.—

23 Under the regulations prescribed under this subsection—

24 (1) no rate of basic pay may, at any time, ex25 ceed—
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1 (A) in the case of an employee who would

2 otherwise be subject to the General Schedule,

3 the maximum rate of basic pay then currently

4 payable for grade GS–15 of the General Sched5 ule (including any amount payable under sec6 tion 5304 of title 5, United States Code, or

7 other similar authority for the locality involved);

8 or

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

10 otherwise be subject to subchapter IV of chap11 ter 53 of title 5, United States Code (relating

12 to prevailing rate systems), the maximum rate

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

14 then otherwise be currently payable under the

15 wage schedule covering such employee;

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

17 United States Code (relating to limitation on certain

18 payments) shall apply, subject to such definitional

19 and other modifications as may be necessary in the

20 context of the alternative personnel management

21 provisions established under this section;

22 (3) procedures shall be established for the rapid

23 and equitable resolution of grievances;

24 (4) no university employee may be discharged

25 without notice of the reasons therefor and oppor-
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1 tunity for a hearing under procedures that comport

2 with the requirements of due process, except that

3 this paragraph shall not apply in the case of an em4 ployee serving a probationary or trial period under

5 an initial appointment; and

6 (5) university employees serving for a period

7 specified in or determinable under an employment

8 agreement shall, except as otherwise provided in the

9 agreement, be notified at least 30 days before the

10 end of such period as to whether their employment

11 agreement will be renewed.

12 (d) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be considered to affect—

14 (1) the applicability of any provision of law pro15 viding for—

16 (A) equal employment opportunity;

17 (B) Indian preference; or

18 (C) veterans’ preference; or

19 (2) the eligibility of any individual to partici20 pate in any retirement system, any program under

21 which any health insurance or life insurance is af22 forded, or any program under which unemployment

23 benefits are afforded, with respect to Federal em24 ployees.

25 (e) LABOR-MANAGEMENT PROVISIONS.—
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1 (1) COLLECTIVE-BARGAINING AGREEMENTS.—

2 Any collective-bargaining agreement in effect on the

3 day before the effective date specified under sub4 section (f)(1) shall continue to be recognized by the

5 university until altered or amended pursuant to law.

6 (2) EXCLUSIVE REPRESENTATIVE.—Nothing in

7 this Act shall affect the right of any labor organiza8 tion to be accorded (or to continue to be accorded)

9 recognition as the exclusive representative of any

10 unit of university employees.

11 (3) OTHER PROVISIONS.—Matters made subject

12 to regulation under this section shall not be subject

13 to collective bargaining, except in the case of any

14 matter under chapter 63 of title 5, United States

15 Code (relating to leave).

16 (f) EFFECTIVE DATE.—

17 (1) ALTERNATIVE PERSONNEL MANAGEMENT

18 PROVISIONS.—The alternative personnel manage19 ment provisions under this section shall take effect

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

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

22 after the date of the enactment of this Act.

23 (2) PROVISIONS MADE INAPPLICABLE BY THIS

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

25 date specified under paragraph (1).
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1 (g) APPLICABILITY.—

2 (1) IN GENERAL.—Except as otherwise pro3 vided in this subsection, the alternative personnel

4 management provisions under this section shall

5 apply with respect to all applicants for employment

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

7 the university.

8 (2) CURRENT EMPLOYEES NOT COVERED EX9 CEPT PURSUANT TO A VOLUNTARY ELECTION.—

10 (A) IN GENERAL.—A university employee

11 serving on the day before the effective date

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

13 subject to the alternative personnel manage14 ment provisions under this section (and shall

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

16 way as if this section had not been enacted,

17 notwithstanding subsection (a)) unless, before

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

19 effective date, such employee elects to be cov20 ered by such provisions.

21 (B) PROCEDURES.—An election under this

22 paragraph shall be made in such form and in

23 such manner as may be required under the reg24 ulations, and shall be irrevocable.

25 (3) TRANSITION PROVISIONS.—
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1 (A) PROVISIONS RELATING TO ANNUAL

2 AND SICK LEAVE.—Any individual who—

3 (i) makes an election under paragraph

4 (2), or

5 (ii) on or after the effective date spec6 ified under subsection (f)(1), is trans7 ferred, promoted, or reappointed, without a

8 break in service of 3 days or longer, to a

9 university position from a non-university

10 position with the Federal Government or

11 the government of the District of Colum12 bia,

13 shall be credited, for the purpose of the leave

14 system provided under regulations prescribed

15 under this section, with the annual and sick

16 leave to such individual’s credit immediately be17 fore the effective date of such election, transfer,

18 promotion, or reappointment, as the case may

19 be.

20 (B) LIQUIDATION OF REMAINING LEAVE

21 UPON TERMINATION.—

22 (i) ANNUAL LEAVE.—Upon termi23 nation of employment with the university,

24 any annual leave remaining to the credit of

25 an individual within the purview of this
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1 section shall be liquidated in accordance

2 with section 5551(a) and section 6306 of

3 title 5, United States Code, except that

4 leave earned or accrued under regulations

5 prescribed under this section shall not be

6 so liquidated.

7 (ii) SICK LEAVE.—Upon termination

8 of employment with the university, any

9 sick leave remaining to the credit of an in10 dividual within the purview of this section

11 shall be creditable for civil service retire12 ment purposes in accordance with section

13 8339(m) of title 5, United States Code, ex14 cept that leave earned or accrued under

15 regulations prescribed under this section

16 shall not be so creditable.

17 (C) TRANSFER OF REMAINING LEAVE

18 UPON TRANSFER, PROMOTION, OR REEMPLOY19 MENT.—In the case of any university employee

20 who is transferred, promoted, or reappointed,

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

22 to a position in the Federal Government (or the

23 government of the District of Columbia) under

24 a different leave system, any remaining leave to

25 the credit of that individual earned or credited
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1 under the regulations prescribed under this sec2 tion shall be transferred to such individual’s

3 credit in the employing agency on an adjusted

4 basis in accordance with regulations which shall

5 be prescribed by the Office of Personnel Man6 agement.

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

8 shall be considered to apply with respect to a work9 study student, as defined by the president of the

10 university in writing.

11 SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.

12 The Secretary shall, to the maximum extent consist13 ent with applicable law and subject to the availability of

14 appropriations therefor, delegate to the president of the

15 university procurement and contracting authority with re16 spect to the conduct of the administrative functions of the

17 university.

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated for fiscal

20 year 1997, and for each fiscal year thereafter—

21 (1) the amount of funds made available by ap22 propriations as operations funding for the adminis23 tration of the university for fiscal year 1996; and
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1 (2) such additional sums as may be necessary

2 for the operation of the university pursuant to this

3 Act.

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