Haskell Indian Nations University and Southwestern Indian PolytechnicInstitute Administrative Systems Act of 1998
PL 105-337 (H.R.4259), enacted 10/31/1998

PUBLIC LAW 105-337—OCT. 31, 1998 
112 STAT. 3171 
Public Law 105-337 
105th Congress 
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 t h a t -
(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 thie 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-ye£ir 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 
Oct. 31, 1998 
[H.R. 4259] 
Haskell Indian 
Nations 
University and 
Southwestern 
Indian 
Polytechnic 
Institute 
Administrative 
Systems Act of 
1998. 
Kansas. 
New Mexico. 
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note. 
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note. 
112 STAT. 3172 
PUBLIC LAW 105-337—OCT. 31, 1998 
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. 
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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 £iny 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; 
Federal Register, 
(2) publish the plan in the Federal Register; 
publication. 
PUBLIC LAW 105-337—OCT. 31, 1998 
112 STAT. 3173 
(3) submit the plan so published to public hearing; 
(4) at least 180 days before the date on which the proposed 
Notification. 
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 Reports. 
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 relevsint 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 o
f
— 
(A) any provision of law, rule, or regulation providing 
for— 
(i) equal emplojmtient 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 £iny 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 emplo3anent. 
(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 educationsJ goals. 
(f) EVALUATION.— 
112 STAT. 3174 
PUBLIC LAW 105-337—OCT. 31, 1998 
(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. 
Reports. 
(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 
undertsiken 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) shsill be subject to inclusion in a demonstration 
project xuider 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 
PUBLIC LAW 105-337—OCT. 31, 1998 
112 STAT. 3175 
(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 pa5mient 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 fi-om 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 
remsdning to the credit of that individual which was eeimed 
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112 STAT. 3176 
PUBLIC LAW 105-337—OCT. 31, 1998 
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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 coUec-
tive-lDargaining 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— 
PUBLIC LAW 105-337—OCT. 31, 1998 
112 STAT. 3177 
(1) recommendations as to whether or not the chsmges 
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. 
Approved October 31, 1998. 
LEGISLATIVE HISTORY—H.R. 4259: 
HOUSE REPORTS: No. 105-700, Pt. 1 (Comm. on Government Reform and Over-
sight). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 6, considered and passed House. 
Oct. 14, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 31, Presidential statement.