II
105TH CONGRESS
2D SESSION
H. R. 4259
IN THE SENATE OF THE UNITED STATES
OCTOBER 7 (legislative day, OCTOBER 2), 1998
Received
AN ACT
To allow Haskell Indian Nations University and the South-
western Indian Polytechnic Institute each to conduct a
demonstration project to test the feasibility and desirabil-
ity of new personnel management policies and proce-
dures, and for other purposes.
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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 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 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.
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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 insti-
tution.
(3) ELIGIBLE.—The term ‘‘eligible’’ means an
individual who has qualified for appointment in the
institution involved and whose name has been en-
tered 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 specified
changes in personnel management policies or proce-
dures would result in improved personnel manage-
ment.
(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.
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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 provi-
sion of law, rule, or regulation relating to—
(1) the methods of establishing qualification re-
quirements 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 em-
ployees, including the provision of group or individ-
ual 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 person-
nel decisions; and
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(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 institution and such other persons or representa-
tive 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 eval-
uation, consistent with subsection (f);
(I) a specific description of any aspect of
the project for which there is a lack of specific
authority; and
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(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;
(3) submit the plan so published to public hear-
ing;
(4) at least 180 days before the date on which
the proposed project is to commence, provide notifi-
cation 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 em-
ployees 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—
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(A) any provision of law, rule, or regula-
tion 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 author-
ity of any such provision;
(2) impose any duty to engage in collective bar-
gaining 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 demonstration project under this Act—
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(1) shall commence within 2 years after the
date of enactment of this Act; and
(2) shall terminate by the end of the 5-year pe-
riod beginning on the date on which such project
commences, except that the project may continue be-
yond 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 sub-
section (h)(2)(B).
(e) DISCRETIONARY AUTHORITY TO TERMINATE.—
A demonstration project under this Act may be terminated
by the Secretary or the president of the institution in-
volved if either determines that the project creates a sub-
stantial hardship on, or is not in the best interests of, the
institution and its educational goals.
(f) EVALUATION.—
(1) IN GENERAL.—The Secretary shall provide
for an evaluation of the results of each demonstra-
tion project under this Act and its impact on im-
proving public management.
(2) INFORMATION.—Upon request of the Sec-
retary, an institution named in section 3(b) shall co-
operate with and assist the Secretary, to the extent
practicable, in any evaluation undertaken under this
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subsection and provide the Secretary with requested
information and reports relating to the conducting of
its demonstration project.
(g) ROLE OF THE OFFICE OF PERSONNEL MANAGE-
MENT.—Upon request of the Secretary or the president
of an institution named in section 3(b), the Office of Per-
sonnel Management shall furnish information or technical
advice on the design, operation, or evaluation, or any other
aspect of a demonstration project under this Act.
(h) APPLICABILITY.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, all applicants for employ-
ment with, all eligibles and employees of, and all po-
sitions 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 BENE-
FITS.—
(A) OPTION FOR CERTAIN INDIVIDUALS TO
REMAIN
UNDER
CURRENT
LAW
GOVERNING
CERTAIN BENEFITS.—
(i) 
ELIGIBLE
INDIVIDUALS.—This
subparagraph applies in the case of any in-
dividual who, as of the day before the date
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on which a demonstration project under
this Act is to commence at an institution—
(I) is an employee of such insti-
tution; 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 institution or otherwise), but
taking into account only civilian serv-
ice 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 bene-
fits 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 demonstra-
tion 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
ALTER-
NATIVE BENEFIT SYSTEMS AFTER DEMONSTRA-
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TION PROJECT TERMINATES FOR PERSONS BE-
COMING
SUBJECT
THERETO
UNDER
THE
PROJECT.—Notwithstanding any other provi-
sion of this Act, the termination of a dem-
onstration project shall not, in the case of an
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 individ-
ual under the system of alternative benefits
involved; or
(ii) the system under which those al-
ternative benefits are afforded, to the ex-
tent 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
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with the requirements of section 6308 of title 5,
United States Code, be credited with any an-
nual 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
DEM-
ONSTRATION PROJECT IS STILL ONGOING.—Any
demonstration project under this Act shall in-
clude 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 separates from
service (in the circumstances described in
section 5551 or 5552 of such title 5, as ap-
plicable) 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
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the time such individual became subject to
the demonstration 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 in-
dividual’s credit at the time of separation
shall, if separation occurs while the dem-
onstration 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 subsequently
transferred or otherwise appointed (without a
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break in service of 3 days or longer) to another
position in the Federal Government or the gov-
ernment of the District 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 or credited under the demonstration
project shall be transferred to such individual’s
credit in the new employing agency on an ad-
justed 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
AGREE-
MENTS.—Any collective-bargaining agreement
in effect on the day before a demonstration
project under this Act commences shall con-
tinue to be recognized by the institution in-
volved until the earlier of—
(i) the date occurring 3 years after
the commencement date of the project;
(ii) the date as of which the agree-
ment is scheduled to expire (disregarding
any option to renew); or
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(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 consist-
ent 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 ap-
propriations as operations funding for the adminis-
tration of such institution for fiscal year 1998; and
(2) such additional sums as may be necessary
for the operation 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 (re-
ferred to in section 4(b)(1)), prescribe any regulations nec-
essary to carry out this Act.
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SEC. 8. LEGISLATION TO MAKE CHANGES PERMANENT.
Not later than 6 months before the date on which
a demonstration project under this Act is scheduled to ex-
pire, the institution conducting such demonstration
project shall submit to each House of Congress—
(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.
Passed the House of Representatives October 6,
1998.
Attest:
ROBIN H. CARLE,
Clerk.