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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
commitment of the Federal Government to the fulfillment 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 institutions,
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 academic
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 specified
changes in personnel management policies or procedures 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
institution 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;
(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 demonstration project
under this Act--
(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 period beginning
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 demonstration 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.--
(1) In general.--The Secretary shall provide for an evaluation
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 conducting 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 evaluation, or any other
aspect of a demonstration project under this Act.
(h) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, 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 institution 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 ofbenefits 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
(ii) the system under which those alternative benefits
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 separates 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 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 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 subsequently 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 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 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 collective-
bargaining agreement in effect on the day before a
demonstration project under this Act commences shall continue
to be recognized by the institution involved until the earlier
of--
(i) the date occurring 3 years after the commencement
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 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 (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 demonstration
project under this Act is scheduled to expire, 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 - Allows the Haskell Indian Nations University in Lawrence, Kansas, and the Southwestern Indian Polytechnic Institute in Albuquerque, New Mexico, to each conduct a five-year demonstration project to determine whether specified changes in personnel management policies or procedures would result in improved personnel management. Provides that actions under the project shall not be limited by any lack of specific authority under title 5 of the U.S. Code or by any provision, rule, or regulation that is inconsistent which such action, with specified exceptions.
Permits employees whose retirement benefits are to be affected and who have completed at least one year of Government service to elect not to become subject to the project. Sets forth transition provisions with respect to annual and sick leave.
Authorizes as appropriations. Requires such an institution conducting a demonstration project, not later than six months before it is scheduled to expire, to submit to each House of the 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.