I
105TH CONGRESS
1ST SESSION
H. R. 1337
To enhance the administrative authority of the respective presidents of Has-
kell Indian Nations University and the Southwestern Indian Polytechnic
Institute, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 15, 1997
Mr. SNOWBARGER (for himself, Mr. SCHIFF, Mr. MORAN of Kansas, Mr.
TIAHRT, and Mr. RYUN) introduced the following bill; which was referred
to the Committee on Education and the Workforce, and in addition to
the Committee on Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
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.
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 and Southwestern Indian Polytechnic Institute
Administrative Systems Act of 1997’’.
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 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
those institutions, while maintaining them as an in-
tegral part of the Bureau of Indian Affairs, will fa-
cilitate—
(A) the transition of Haskell Indian Na-
tions University to a 4-year university; and
(B) the administration and improvement of
the academic program of the Southwestern In-
dian Polytechnic Institute.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) HASKELL INDIAN NATIONS UNIVERSITY.—
The term ‘‘Haskell Indian Nations University’’
means Haskell Indian Nations University, located in
Lawrence, Kansas.
(2) SOUTHWESTERN INDIAN POLYTECHNIC IN-
STITUTE.—The term ‘‘Southwestern Indian Poly-
technic Institute’’ means the Southwestern Indian
Polytechnic Institute, located in Albuquerque, New
Mexico.
(3) RESPECTIVE
INSTITUTIONS, 
ETC.—The
terms ‘‘respective institutions’’ and ‘‘institutions to
which this Act applies’’ mean Haskell Indian Na-
tions University and the Southwestern Indian Poly-
technic Institute.
(4) 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 either of the institutions to which this Act ap-
plies.
(b) ALTERNATIVE PERSONNEL MANAGEMENT PRO-
VISIONS.—
(1) IN GENERAL.—The president of each of the
respective institutions shall by regulation prescribe
such personnel management provisions as may be
necessary, in the interest of effective administration,
to replace the provisions of law that are inapplicable
with respect to such institution by reason of sub-
section (a).
(2) 
PROCEDURAL
REQUIREMENTS.—Regula-
tions under this subsection—
(A) shall be prescribed in consultation with
the board of regents (or, if none, the governing
body) of the institution involved and other ap-
propriate 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 prescribed for an institution under
this section—
(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) section 5307 of title 5, United States Code
(relating to limitation on certain payments) shall
apply, subject to such definitional and other modi-
fications as may be necessary in the context of the
applicable alternative personnel management provi-
sions under this section;
(3) procedures shall be established for the rapid
and equitable resolution of grievances;
(4) no employee may be discharged without no-
tice of the reasons therefor and opportunity for a
hearing under procedures that comport with the re-
quirements of due process, except that this para-