I
104TH CONGRESS
2D SESSION
H. R. 4098
To enhance the administrative authority of the president of Haskell Indian
Nations University, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 1996
Mrs. MEYERS of Kansas introduced the following bill; which was referred to
the Committee on Economic and Educational Opportunities, and in addi-
tion to the Committee on Government Reform and Oversight, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To enhance the administrative authority of the president
of Haskell Indian Nations University, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Haskell Indian Nations
University Administrative Systems Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the provision of culturally sensitive curricula
for higher education programs at Haskell Indian
Nations University is consistent with the commit-
ment of the Federal Government to the fulfillment
of treaty obligations to Indian tribes through the
principle of self-determination and the use of Fed-
eral resources; and
(2) giving a greater degree of autonomy to Has-
kell Indian Nations University, while maintaining it
as an integral part of the Bureau of Indian Affairs,
will facilitate the transition of the university to a 4-
year university.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) UNIVERSITY.—The term ‘‘Haskell Indian
Nations University’’ or ‘‘university’’ means the Has-
kell Indian Nations University, located in Lawrence,
Kansas.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. PERSONNEL MANAGEMENT.
(a) INAPPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—Chapters 51, 53, and 63 of title 5, United States
Code (relating to classification, pay, and leave, respec-
tively) and the provisions of such title relating to the ap-
pointment, performance evaluation, promotion, and re-
moval of civil service employees shall not apply to appli-
cants for employment with, employees of, or positions in
or under the university.
(b) ALTERNATIVE PERSONNEL MANAGEMENT PRO-
VISIONS.—
(1) IN GENERAL.—The president of the univer-
sity shall by regulation prescribe such personnel
management provisions as may be necessary, in
order to ensure the effective administration of the
university, to replace the provisions of law that are
inapplicable with respect to the university by reason
of subsection (a).
(2) 
PROCEDURAL
REQUIREMENTS.—Regula-
tions under this subsection—
(A) shall be prescribed in consultation with
the board of regents of the university and other
appropriate representative bodies;
(B) shall be subject to the requirements of
subsections (b) through (e) of section 553 of
title 5, United States Code; and
(C) shall not take effect except with the
prior written approval of the Secretary.
(c) 
SPECIFIC
SUBSTANTIVE
REQUIREMENTS.—
Under the regulations—
(1) no rate of basic pay may, at any time, ex-
ceed—
(A) in the case of an employee who would
otherwise be subject to the General Schedule,
the maximum rate of basic pay then currently
payable for grade GS–15 of the General Sched-
ule (including any amount payable under sec-
tion 5304 of title 5, United States Code, or
other similar authority for the locality involved);
or
(B) in the case of an employee who would
otherwise be subject to subchapter IV of chap-
ter 53 of title 5, United States Code (relating
to prevailing rate systems), the maximum rate
of basic pay which (but for this section) would
then otherwise be currently payable under the
wage schedule covering such employee;
(2) the limitation under section 5307 of title 5,
United States Code (relating to limitation on certain
payments) shall apply, subject to such definitional
and other modifications as may be necessary in the
context of the alternative personnel management
provisions established under this section;
(3) procedures shall be established for the rapid
and equitable resolution of grievances;
(4) no university employee may be discharged
without notice of the reasons therefor and oppor-
tunity for a hearing under procedures that comport
with the requirements of due process, except that
this paragraph shall not apply in the case of an em-
ployee serving a probationary or trial period under
an initial appointment; and
(5) university employees serving for a period
specified in or determinable under an employment
agreement shall, except as otherwise provided in the
agreement, be notified at least 30 days before the
end of such period as to whether their employment
agreement will be renewed.
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to affect—
(1) the applicability of any provision of law pro-
viding for—
(A) equal employment opportunity;
(B) Indian preference; or
(C) veterans’ preference; or
(2) the eligibility of any individual to partici-
pate in any retirement system, any program under
which any health insurance or life insurance is af-
forded, or any program under which unemployment
benefits are afforded, with respect to Federal em-
ployees.
(e) LABOR-MANAGEMENT PROVISIONS.—
(1) COLLECTIVE-BARGAINING
AGREEMENTS.—
Any collective-bargaining agreement in effect on the
day before the effective date specified under sub-
section (f)(1) shall continue to be recognized by the
university until altered or amended pursuant to law.
(2) EXCLUSIVE REPRESENTATIVE.—Nothing in
this Act shall affect the right of any labor organiza-
tion to be accorded (or to continue to be accorded)
recognition as the exclusive representative of any
unit of university employees.
(3) OTHER PROVISIONS.—Matters made subject
to regulation under this section shall not be subject
to collective bargaining, except in the case of any
matter under chapter 63 of title 5, United States
Code (relating to leave).
(f) EFFECTIVE DATE.—
(1) ALTERNATIVE
PERSONNEL
MANAGEMENT
PROVISIONS.—The alternative personnel manage-
ment provisions under this section shall take effect
on such date as may be specified in the regulations,
except that in no event shall the date specified be
later than 1 year after the date of the enactment of
this Act.
(2) PROVISIONS MADE INAPPLICABLE BY THIS
SECTION.—Subsection (a) shall take effect as of the
date specified under paragraph (1).
(g) APPLICABILITY.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the alternative personnel
management provisions under this section shall
apply with respect to all applicants for employment
with, all employees of, and all positions in or under
the university.
(2) CURRENT EMPLOYEES NOT COVERED EX-
CEPT PURSUANT TO A VOLUNTARY ELECTION.—
(A) IN GENERAL.—A university employee
serving on the day before the effective date
specified under subsection (f)(1) shall not be
subject to the alternative personnel manage-
ment provisions under this section (and shall
instead, for all purposes, be treated in the same
way as if this section had not been enacted,
notwithstanding subsection (a)) unless, before
the end of the 5-year period beginning on such
effective date, such employee elects to be cov-
ered by such provisions.
(B) PROCEDURES.—An election under this
paragraph shall be made in such form and in
such manner as may be required under the reg-
ulations, and shall be irrevocable.
(3) TRANSITION PROVISIONS.—
(A) PROVISIONS
RELATING
TO
ANNUAL
AND SICK LEAVE.—Any individual who—
(i) makes an election under paragraph
(2), or
(ii) on or after the effective date spec-
ified under subsection (f)(1), is trans-
ferred, promoted, or reappointed, without a
break in service of 3 days or longer, to a
university position from a non-university
position with the Federal Government or
the government of the District of Colum-
bia,
shall be credited, for the purpose of the leave
system provided under regulations prescribed
under this section, with the annual and sick
leave to such individual’s credit immediately be-
fore the effective date of such election, transfer,
promotion, or reappointment, as the case may
be.