graph shall not apply in the case of an employee
serving a probationary or trial period under an ini-
tial appointment; and
(5) 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 the applicability of—
(1) any provision of law providing for—
(A) equal employment opportunity;
(B) Indian preference; or
(C) veterans’ preference;
(2) any provision of chapter 23 of title 5, Unit-
ed States Code, or any other provision of such title,
relating to merit system principles or prohibited per-
sonnel practices; or
(3) chapter 71 of title 5, United States Code,
relating to labor-management and employee rela-
tions.
(e) LABOR-MANAGEMENT PROVISIONS.—
(1) COLLECTIVE-BARGAINING
AGREEMENTS.—
Any collective-bargaining agreement in effect on the
day before the applicable effective date under sub-
section (f)(1) shall continue to be recognized by the
institution involved until altered or amended pursu-
ant 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 employees.
(3) OTHER PROVISIONS.—Matters made subject
to regulation under this section shall not be subject
to collective bargaining.
(f) EFFECTIVE DATE.—
(1) ALTERNATIVE
PERSONNEL
MANAGEMENT
PROVISIONS.—Any alternative personnel manage-
ment provisions under this section shall take effect
on such date as may be specified in the regulations
applicable with respect to the institution involved,
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, with respect to an
institution, take effect as of the effective date speci-
fied with respect to such institution 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 institution involved.
(2) CURRENT EMPLOYEES NOT COVERED EX-
CEPT PURSUANT TO A VOLUNTARY ELECTION.—
(A) IN
GENERAL.—An employee serving
with an institution on the day before the appli-
cable effective date under subsection (f)(1) shall
not be subject to such institution’s alternative
personnel management provisions (and shall in-
stead, for purposes of such institution, be treat-
ed in the same way as if this section had not
been enacted, notwithstanding subsection (a))
unless, before the end of the 5-year period be-
ginning on such effective date, such employee
elects to be covered 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 applicable effective
date under subsection (f)(1), is trans-
ferred, promoted, or reappointed, without a
break in service of 3 days or longer, to a
position within an institution to which this
Act applies from a position with the Fed-
eral Government or the government of the
District of Columbia,
shall be credited, for the purpose of the leave
system provided under regulations prescribed
under this section, in conformance with the re-
quirements of section 6308 of title 5, United
States Code, with the annual and sick leave to
such individual’s credit immediately before the
effective date of such election, transfer, pro-
motion, or reappointment, as the case may be.
(B) LIQUIDATION
OF
REMAINING
LEAVE
UPON TERMINATION.—
(i) ANNUAL
LEAVE.—Upon termi-
nation of employment with an institution
to which this Act applies, any annual leave
remaining to the credit of an individual
within the purview of this section shall be
liquidated in accordance with section
5551(a) and section 6306 of title 5, United
States Code.
(ii) SICK LEAVE.—Upon termination
of employment with an institution to which
this Act applies, any sick leave remaining
to the credit of an individual within the
purview of this section shall be creditable
for civil service retirement purposes in ac-
cordance with section 8339(m) of title 5,
United States Code, except that leave
earned or accrued under regulations pre-
scribed under this section shall not be so
creditable.
(C) TRANSFER
OF
REMAINING
LEAVE
UPON TRANSFER, PROMOTION, OR REEMPLOY-
MENT.—In the case of an employee of an insti-
tution to which this Act applies who is trans-
ferred, promoted, or reappointed, without a
break in service of 3 days or longer, to a posi-
tion in the Federal Government (or the govern-
ment of the District of Columbia) under a dif-
ferent leave system, any leave remaining to the
credit of that individual which was earned or
credited under the regulations prescribed under
this section shall be transferred to such individ-
ual’s credit in the employing agency on an ad-
justed basis in accordance with section 6308 of
title 5, United States Code.
(4) WORK-STUDY.—Nothing in this section
shall be considered to apply with respect to a work-
study student, as defined by the president of the in-
stitution involved, in writing.
SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
The Secretary shall, to the maximum extent consist-
ent with applicable law and subject to the availability of
appropriations therefor, delegate to the president of each
of the respective institutions 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 to each of
the respective institutions for fiscal year 1998, and for
each fiscal year thereafter—