H. R. 4259
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To allow Haskell Indian Nations University and the Southwestern Indian Polytechnic
Institute each to conduct a demonstration project to test the feasibility and
desirability of new personnel management policies and procedures, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Haskell Indian Nations University
and Southwestern Indian Polytechnic Institute Administrative Sys-
tems Act of 1998’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the provision of culturally sensitive curricula for higher
education programs at Haskell Indian Nations University and
the Southwestern Indian Polytechnic Institute is consistent
with the commitment of the Federal Government to the fulfill-
ment of treaty obligations to Indian tribes through the principle
of self-determination and the use of Federal resources; and
(2) giving a greater degree of autonomy to those institu-
tions, while maintaining them as an integral part of the Bureau
of Indian Affairs, will facilitate—
(A) the transition of Haskell Indian Nations University
to a 4-year university; and
(B) the administration and improvement of the aca-
demic program of the Southwestern Indian Polytechnic
Institute.
SEC. 3. DEFINITIONS; APPLICABILITY.
(a) DEFINITIONS.—For purposes of this Act:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) EMPLOYEE.—The term ‘‘employee’’, with respect to an
institution named in subsection (b), means an individual
employed in or under such institution.
(3) ELIGIBLE.—The term ‘‘eligible’’ means an individual who
has qualified for appointment in the institution involved and
whose name has been entered on the appropriate register or
list of eligibles.
(4) DEMONSTRATION
PROJECT.—The term ‘‘demonstration
project’’ means a project conducted by or under the supervision
of an institution named in subsection (b) to determine whether
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specified changes in personnel management policies or proce-
dures would result in improved personnel management.
(b) APPLICABILITY.—This Act applies to—
(1) Haskell Indian Nations University, located in Lawrence,
Kansas; and
(2) Southwestern Indian Polytechnic Institute, located in
Albuquerque, New Mexico.
SEC. 4. AUTHORITY.
(a) IN GENERAL.—Each institution named in section 3(b) may
conduct a demonstration project in accordance with the provisions
of this Act. The conducting of any such demonstration project shall
not be limited by any lack of specific authority under title 5,
United States Code, to take the action contemplated, or by any
provision of such title or any rule or regulation prescribed under
such title which is inconsistent with the action, including any
provision of law, rule, or regulation relating to—
(1) the methods of establishing qualification requirements
for, recruitment for, and appointment to positions;
(2) the methods of classifying positions and compensating
employees;
(3) the methods of assigning, reassigning, or promoting
employees;
(4) the methods of disciplining employees;
(5) the methods of providing incentives to employees,
including the provision of group or individual incentive bonuses
or pay;
(6) the hours of work per day or per week;
(7) the methods of involving employees, labor organizations,
and employee organizations in personnel decisions; and
(8) the methods of reducing overall staff and grade levels.
(b) 
CONSULTATION
AND
OTHER
REQUIREMENTS.—Before
commencing a demonstration project under this Act, the president
of the institution involved shall—
(1) in consultation with the board of regents of the institu-
tion and such other persons or representative bodies as the
president considers appropriate, develop a plan for such project
which identifies—
(A) the purposes of the project;
(B) the types of employees or eligibles to be included
(categorized by occupational series, grade, or organizational
unit);
(C) the number of employees or eligibles to be included
(in the aggregate and by category);
(D) the methodology;
(E) the duration;
(F) the training to be provided;
(G) the anticipated costs;
(H) the methodology and criteria for evaluation,
consistent with subsection (f );
(I) a specific description of any aspect of the project
for which there is a lack of specific authority; and
(J) a specific citation to any provision of law, rule,
or regulation which, if not waived, would prohibit the
conducting of the project, or any part of the project as
proposed;
(2) publish the plan in the Federal Register;
H. R. 4259—3
(3) submit the plan so published to public hearing;
(4) at least 180 days before the date on which the proposed
project is to commence, provide notification of such project
to—
(A) employees likely to be affected by the project; and
(B) each House of Congress;
(5) at least 90 days before the date on which the proposed
project is to commence, provide each House of Congress with
a report setting forth the final version of the plan; and
(6) at least 60 days before the date on which the proposed
project is to commence, inform all employees as to the final
version of the plan, including all information relevant to the
making of an election under subsection (h)(2)(A).
(c) LIMITATIONS.—No demonstration project under this Act
may—
(1) provide for a waiver of—
(A) any provision of law, rule, or regulation providing
for—
(i) equal employment opportunity;
(ii) Indian preference; or
(iii) veterans’ preference;
(B) any provision of chapter 23 of title 5, United States
Code, or any other provision of such title relating to merit
system principles or prohibited personnel practices, or any
rule or regulation prescribed under authority of any such
provision; or
(C) any provision of subchapter II or III of chapter
73 of title 5, United States Code, or any rule or regulation
prescribed under authority of any such provision;
(2) impose any duty to engage in collective bargaining
with respect to—
(A) classification of positions; or
(B) pay, benefits, or any other form of compensation;
or
(3) provide that any employee be required to pay dues
or fees of any kind to a labor organization as a condition
of employment.
(d) COMMENCEMENT
AND TERMINATION DATES.—Each dem-
onstration project under this Act—
(1) shall commence within 2 years after the date of enact-
ment of this Act; and
(2) shall terminate by the end of the 5-year period begin-
ning on the date on which such project commences, except
that the project may continue beyond the end of such 5-year
period—
(A) to the extent necessary to validate the results
of the project; and
(B) to the extent provided for under subsection
(h)(2)(B).
(e) DISCRETIONARY AUTHORITY TO TERMINATE.—A demonstra-
tion project under this Act may be terminated by the Secretary
or the president of the institution involved if either determines
that the project creates a substantial hardship on, or is not in
the best interests of, the institution and its educational goals.
(f ) EVALUATION.—
H. R. 4259—4
(1) IN GENERAL.—The Secretary shall provide for an evalua-
tion of the results of each demonstration project under this
Act and its impact on improving public management.
(2) INFORMATION.—Upon request of the Secretary, an
institution named in section 3(b) shall cooperate with and assist
the Secretary, to the extent practicable, in any evaluation
undertaken under this subsection and provide the Secretary
with requested information and reports relating to the conduct-
ing of its demonstration project.
(g) ROLE OF THE OFFICE OF PERSONNEL MANAGEMENT.—Upon
request of the Secretary or the president of an institution named
in section 3(b), the Office of Personnel Management shall furnish
information or technical advice on the design, operation, or evalua-
tion, or any other aspect of a demonstration project under this
Act.
(h) APPLICABILITY.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, all applicants for employment with, all eligibles and
employees of, and all positions in or under an institution named
in section 3(b) shall be subject to inclusion in a demonstration
project under this Act.
(2) PROVISIONS RELATING TO CERTAIN BENEFITS.—
(A) OPTION FOR CERTAIN INDIVIDUALS TO REMAIN UNDER
CURRENT LAW GOVERNING CERTAIN BENEFITS.—
(i) ELIGIBLE
INDIVIDUALS.—This subparagraph
applies in the case of any individual who, as of the
day before the date on which a demonstration project
under this Act is to commence at an institution—
(I) is an employee of such institution; and
(II) if benefits under subchapter III of chapter
83 or chapter 84 of title 5, United States Code,
are to be affected, has completed at least 1 year
of Government service (whether with such institu-
tion or otherwise), but taking into account only
civilian service creditable under subchapter III of
chapter 83 or chapter 84 of such title.
(ii) OPTION.—If a demonstration project is to
include changes to any benefits under subpart G of
part III of title 5, United States Code, an employee
described in clause (i) shall be afforded an election
not to become subject to such demonstration project,
to the extent those benefits are involved (and to instead
remain subject to the provisions of such subpart G
as if this Act had not been enacted).
(B) CONTINUATION OF CERTAIN ALTERNATIVE BENEFIT
SYSTEMS AFTER DEMONSTRATION PROJECT TERMINATES FOR
PERSONS
BECOMING
SUBJECT
THERETO
UNDER
THE
PROJECT.—Notwithstanding any other provision of this Act,
the termination of a demonstration project shall not, in
the case of any employee who becomes subject to a system
of alternative benefits under this Act (in lieu of benefits
that would otherwise be determined under subpart G of
part III of title 5, United States Code), have the effect
of terminating—
(i) any rights accrued by that individual under
the system of alternative benefits involved; or
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(ii) the system under which those alternative bene-
fits are afforded, to the extent continuation of such
system beyond the termination date is provided for
under the terms of the demonstration project (as in
effect on the termination date).
(3) TRANSITION PROVISIONS.—
(A) RETENTION OF ANNUAL AND SICK LEAVE ACCRUED
BEFORE BECOMING SUBJECT TO DEMONSTRATION PROJECT.—
Any individual becoming subject to a demonstration project
under this Act shall, in a manner consistent with the
requirements of section 6308 of title 5, United States Code,
be credited with any annual leave and any sick leave
standing to such individual’s credit immediately before
becoming subject to the project.
(B) PROVISIONS RELATING TO CREDIT FOR LEAVE UPON
SEPARATING WHILE THE DEMONSTRATION PROJECT IS STILL
ONGOING.—Any demonstration project under this Act shall
include provisions consistent with the following:
(i) LUMP-SUM CREDIT FOR ANNUAL LEAVE.—In the
case of any individual who, at the time of becoming
subject to the demonstration project, has any leave
for which a lump-sum payment might be paid under
subchapter VI of chapter 55 of title 5, United States
Code, such individual shall, if such individual sepa-
rates from service (in the circumstances described in
section 5551 or 5552 of such title 5, as applicable)
while the demonstration project is still ongoing, be
entitled to a lump-sum payment under such section
5551 or 5552 (as applicable) based on the amount
of leave standing to such individual’s credit at the
time such individual became subject to the demonstra-
tion project or the amount of leave standing to such
individual’s credit at the time of separation, whichever
is less.
(ii) RETIREMENT CREDIT FOR SICK LEAVE.—In the
case of any individual who, at the time of becoming
subject to the demonstration project, has any sick leave
which would be creditable under section 8339(m) of
title 5, United States Code (had such individual then
separated from service), any sick leave standing to
such individual’s credit at the time of separation shall,
if separation occurs while the demonstration project
is still ongoing, be so creditable, but only to the extent
that it does not exceed the amount of creditable sick
leave that stood to such individual’s credit at the time
such individual became subject to the demonstration
project.
(C) TRANSFER OF LEAVE REMAINING UPON TRANSFER
TO ANOTHER AGENCY.—In the case of any employee who
becomes subject to the demonstration project and is subse-
quently transferred or otherwise appointed (without a
break in service of 3 days or longer) to another position
in the Federal Government or the government of the Dis-
trict of Columbia under a different leave system (whether
while the project is still ongoing or otherwise), any leave
remaining to the credit of that individual which was earned
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or credited under the demonstration project shall be trans-
ferred to such individual’s credit in the new employing
agency on an adjusted basis under regulations prescribed
under section 6308 of title 5, United States Code. Any
such regulations shall be prescribed taking into account
the provisions of subparagraph (B).
(D) COLLECTIVE-BARGAINING AGREEMENTS.—Any collec-
tive-bargaining agreement in effect on the day before a
demonstration project under this Act commences shall con-
tinue to be recognized by the institution involved until
the earlier of—
(i) the date occurring 3 years after the commence-
ment date of the project;
(ii) the date as of which the agreement is scheduled
to expire (disregarding any option to renew); or
(iii) such date as may be determined by mutual
agreement of the parties.
SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
The Secretary shall, to the maximum extent consistent with
applicable law and subject to the availability of appropriations
therefor, delegate to the presidents of the respective institutions
named in section 3(b) procurement and contracting authority with
respect to the conduct of the administrative functions of such
institution.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, for fiscal year 1999,
and each fiscal year thereafter, to each of the respective institutions
named in section 3(b)—
(1) the amount of funds made available by appropriations
as operations funding for the administration of such institution
for fiscal year 1998; and
(2) such additional sums as may be necessary for the oper-
ation of such institution pursuant to this Act.
SEC. 7. REGULATIONS.
The president of each institution named in section 3(b) may,
in consultation with the appropriate entities (referred to in section
4(b)(1)), prescribe any regulations necessary to carry out this Act.
SEC. 8. LEGISLATION TO MAKE CHANGES PERMANENT.
Not later than 6 months before the date on which a demonstra-
tion project under this Act is scheduled to expire, the institution
conducting such demonstration project shall submit to each House
of Congress—
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(1) recommendations as to whether or not the changes
under such project should be continued or made permanent;
and
(2) proposed legislation for any changes in law necessary
to carry out any such recommendations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.