II

105TH CONGRESS

1ST SESSION S. 1095

To enhance the administrative authority of the respective presidents of Haskell Indian Nations University and the Southwestern Indian Polytechnic

Institute, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 31, 1997

Mr. ROBERTS (for himself, Mr. BINGAMAN, Mr. BROWNBACK, Mr. CAMPBELL,

Mr. DOMENICI, 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 respective

presidents of Haskell Indian Nations University and the

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 ‘‘Haskell Indian Nations

5 University and Southwestern Indian Polytechnic Institute

6 Administrative Systems Act of 1997’’.

7 SEC. 2. FINDINGS.

8 The Congress finds that—
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1 (1) the provision of culturally sensitive curricula

2 for higher education programs at Haskell Indian

3 Nations University and the Southwestern Indian

4 Polytechnic Institute is consistent with the commit5 ment of the Federal Government to the fulfillment

6 of treaty obligations to Indian tribes through the

7 principle of self-determination and the use of Fed8 eral resources; and

9 (2) giving a greater degree of autonomy to

10 those institutions, while maintaining them as an in11 tegral part of the Bureau of Indian Affairs, will fa12 cilitate—

13 (A) the transition of Haskell Indian Na14 tions University to a 4-year university; and

15 (B) the administration and improvement of

16 the academic program of the Southwestern In17 dian Polytechnic Institute.

18 SEC. 3. DEFINITIONS.

19 For purposes of this Act—

20 (1) HASKELL INDIAN NATIONS UNIVERSITY.—

21 The term ‘‘Haskell Indian Nations University’’

22 means Haskell Indian Nations University, located in

23 Lawrence, Kansas.

24 (2) SOUTHWESTERN INDIAN POLYTECHNIC IN25 STITUTE.—The term ‘‘Southwestern Indian Poly-
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1 technic Institute’’ means the Southwestern Indian

2 Polytechnic Institute, located in Albuquerque, New

3 Mexico.

4 (3) RESPECTIVE INSTITUTIONS, ETC.—The

5 terms ‘‘respective institutions’’ and ‘‘institutions to

6 which this Act applies’’ mean Haskell Indian Na7 tions University and the Southwestern Indian Poly8 technic Institute.

9 (4) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior.

11 SEC. 4. PERSONNEL MANAGEMENT.

12 (a) INAPPLICABILITY OF CERTAIN CIVIL SERVICE

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

14 Code (relating to classification, pay, and leave, respec15 tively) and the provisions of such title relating to the ap16 pointment, performance evaluation, promotion, and re17 moval of civil service employees shall not apply to appli18 cants for employment with, employees of, or positions in

19 or under either of the institutions to which this Act ap20 plies.

21 (b) ALTERNATIVE PERSONNEL MANAGEMENT PRO22 VISIONS.—

23 (1) IN GENERAL.—The president of each of the

24 respective institutions shall by regulation prescribe

25 such personnel management provisions as may be
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1 necessary, in the interest of effective administration,

2 to replace the provisions of law that are inapplicable

3 with respect to such institution by reason of sub4 section (a).

5 (2) PROCEDURAL REQUIREMENTS.—Regula6 tions under this subsection—

7 (A) shall be prescribed in consultation with

8 the board of regents (or, if none, the governing

9 body) of the institution involved and other ap10 propriate representative bodies;

11 (B) shall be subject to the requirements of

12 subsections (b) through (e) of section 553 of

13 title 5, United States Code; and

14 (C) shall not take effect except with the

15 prior written approval of the Secretary.

16 (c) SPECIFIC SUBSTANTIVE REQUIREMENTS.—

17 Under the regulations prescribed for an institution under

18 this section—

19 (1) no rate of basic pay may, at any time, ex20 ceed—

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

22 otherwise be subject to the General Schedule,

23 the maximum rate of basic pay then currently

24 payable for grade GS–15 of the General Sched25 ule (including any amount payable under sec-
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1 tion 5304 of title 5, United States Code, or

2 other similar authority for the locality involved);

3 or

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

5 otherwise be subject to subchapter IV of chap6 ter 53 of title 5, United States Code (relating

7 to prevailing rate systems), the maximum rate

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

9 then otherwise be currently payable under the

10 wage schedule covering such employee;

11 (2) section 5307 of title 5, United States Code

12 (relating to limitation on certain payments) shall

13 apply, subject to such definitional and other modi14 fications as may be necessary in the context of the

15 applicable alternative personnel management provi16 sions under this section;

17 (3) procedures shall be established for the rapid

18 and equitable resolution of grievances;

19 (4) no employee may be discharged without no20 tice of the reasons therefor and opportunity for a

21 hearing under procedures that comport with the re22 quirements of due process, except that this para23 graph shall not apply in the case of an employee

24 serving a probationary or trial period under an ini25 tial appointment; and
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1 (5) employees serving for a period specified in

2 or determinable under an employment agreement

3 shall, except as otherwise provided in the agreement,

4 be notified at least 30 days before the end of such

5 period as to whether their employment agreement

6 will be renewed.

7 (d) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be considered to affect the applicability of—

9 (1) any provision of law providing for—

10 (A) equal employment opportunity;

11 (B) Indian preference; or

12 (C) veterans’ preference;

13 (2) any provision of chapter 23 of title 5, Unit14 ed States Code, or any other provision of such title,

15 relating to merit system principles or prohibited per16 sonnel practices; or

17 (3) chapter 71 of title 5, United States Code,

18 relating to labor-management and employee rela19 tions.

20 (e) LABOR-MANAGEMENT PROVISIONS.—

21 (1) COLLECTIVE-BARGAINING AGREEMENTS.—

22 Any collective-bargaining agreement in effect on the

23 day before the applicable effective date under sub24 section (f)(1) shall continue to be recognized by the
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1 institution involved until altered or amended pursu2 ant to law.

3 (2) EXCLUSIVE REPRESENTATIVE.—Nothing in

4 this Act shall affect the right of any labor organiza5 tion to be accorded (or to continue to be accorded)

6 recognition as the exclusive representative of any

7 unit of employees.

8 (3) OTHER PROVISIONS.—Matters made subject

9 to regulation under this section shall not be subject

10 to collective bargaining.

11 (f) EFFECTIVE DATE.—

12 (1) ALTERNATIVE PERSONNEL MANAGEMENT

13 PROVISIONS.—Any alternative personnel manage14 ment provisions under this section shall take effect

15 on such date as may be specified in the regulations

16 applicable with respect to the institution involved,

17 except that in no event shall the date specified be

18 later than 1 year after the date of the enactment of

19 this Act.

20 (2) PROVISIONS MADE INAPPLICABLE BY THIS

21 SECTION.—Subsection (a) shall, with respect to an

22 institution, take effect as of the effective date speci23 fied with respect to such institution under paragraph

24 (1).

25 (g) APPLICABILITY.—
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1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the alternative personnel

3 management provisions under this section shall

4 apply with respect to all applicants for employment

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

6 the institution involved.

7 (2) CURRENT EMPLOYEES NOT COVERED EX8 CEPT PURSUANT TO A VOLUNTARY ELECTION.—

9 (A) IN GENERAL.—An employee serving

10 with an institution on the day before the appli11 cable effective date under subsection (f)(1) shall

12 not be subject to such institution’s alternative

13 personnel management provisions (and shall in14 stead, for purposes of such institution, be treat15 ed in the same way as if this section had not

16 been enacted, notwithstanding subsection (a))

17 unless, before the end of the 5-year period be18 ginning on such effective date, such employee

19 elects to be covered by such provisions.

20 (B) PROCEDURES.—An election under this

21 paragraph shall be made in such form and in

22 such manner as may be required under the reg23 ulations, and shall be irrevocable.

24 (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 applicable effective

6 date under subsection (f)(1), is trans7 ferred, promoted, or reappointed, without a

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

9 position within an institution to which this

10 Act applies from a position with the Fed11 eral Government or the government of the

12 District of Columbia,

13 shall be credited, for the purpose of the leave

14 system provided under regulations prescribed

15 under this section, in conformance with the re16 quirements of section 6308 of title 5, United

17 States Code, with the annual and sick leave to

18 such individual’s credit immediately before the

19 effective date of such election, transfer, pro20 motion, or reappointment, as the case may be.

21 (B) LIQUIDATION OF REMAINING LEAVE

22 UPON TERMINATION.—

23 (i) ANNUAL LEAVE.—Upon termi24 nation of employment with an institution

25 to which this Act applies, any annual leave
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1 remaining to the credit of an individual

2 within the purview of this section shall be

3 liquidated in accordance with section

4 5551(a) and section 6306 of title 5, United

5 States Code.

6 (ii) SICK LEAVE.—Upon termination

7 of employment with an institution to which

8 this Act applies, any sick leave remaining

9 to the credit of an individual within the

10 purview of this section shall be creditable

11 for civil service retirement purposes in ac12 cordance with section 8339(m) of title 5,

13 United States Code, except that leave

14 earned or accrued under regulations pre15 scribed under this section shall not be so

16 creditable.

17 (C) TRANSFER OF REMAINING LEAVE

18 UPON TRANSFER, PROMOTION, OR REEMPLOY19 MENT.—In the case of an employee of an insti20 tution to which this Act applies who is trans21 ferred, promoted, or reappointed, without a

22 break in service of 3 days or longer, to a posi23 tion in the Federal Government (or the govern24 ment of the District of Columbia) under a dif25 ferent leave system, any leave remaining to the
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1 credit of that individual which was earned or

2 credited under the regulations prescribed under

3 this section shall be transferred to such individ4 ual’s credit in the employing agency on an ad5 justed basis in accordance with section 6308 of

6 title 5, United States Code.

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 in10 stitution involved, 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 each

15 of the respective institutions procurement and contracting

16 authority with respect to the conduct of the administrative

17 functions of such institution.

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to each of

20 the respective institutions for fiscal year 1998, and for

21 each fiscal year thereafter—

22 (1) the amount of funds made available by ap23 propriations as operations funding for the adminis24 tration of such institution for fiscal year 1997; and
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1 (2) such additional sums as may be necessary

2 for the operation of such institution pursuant to this

3 Act.

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