[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2189 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2189

      To enhance the administrative authority of the president of 
   Southwestern Indian Polytechnic Institute, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 1996

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
      To enhance the administrative authority of the president of 
   Southwestern Indian Polytechnic Institute, 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 ``Southwestern Indian Polytechnic 
Institute Administrative Systems Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the provision of culturally sensitive experiences and 
        vocationally relevant curricula at 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 Southwestern 
        Indian Polytechnic Institute, while maintaining the institute 
        as an integral part of the Bureau of Indian Affairs, will 
        facilitate the administration and improvement of the academic 
        programs of the institute.

SEC. 3. DEFINITIONS.

    For purposes of this Act the following definitions shall apply:
            (1) Institute.--The term ``institute'' means the 
        Southwestern Indian Polytechnic Institute, located in 
        Albuquerque, New Mexico.
            (2) 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, respectively) and the provisions of such title relating 
to the appointment, performance evaluation, promotion, and removal of 
civil service employees shall not apply to applicants for employment 
with, employees of, or positions in or under the institute.
    (b) Alternative Personnel Management Provisions.--
            (1) In general.--The president of the institute shall by 
        regulation prescribe such personnel management provisions as 
        may be necessary, in order to ensure the effective 
        administration of the institute, to replace the provisions of 
        law that are inapplicable with respect to the institute by 
        reason of subsection (a).
            (2) Procedural requirements.--The regulations prescribed 
        under this subsection shall--
                    (A) be prescribed by the president of the institute 
                in consultation with the appropriate governing body of 
                the institute;
                    (B) be subject to the requirements of subsections 
                (b) through (e) of section 553 of title 5, United 
                States Code; and
                    (C) not take effect without the prior written 
                approval of the Secretary.
    (c) Specific Substantive Requirements.--Under the regulations 
prescribed under this subsection--
            (1) no rate of basic pay may, at any time, exceed--
                    (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 Schedule (including any amount payable under 
                section 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 chapter 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) the limitation under section 5307 of title 5, United 
        States Code (relating to limitation on certain payments) shall 
        apply, subject to such definitional and other modifications as 
        may be necessary in the context of the alternative personnel 
        management provisions established under this section;
            (3) procedures shall be established for the rapid and 
        equitable resolution of grievances;
            (4) no institute employee may be discharged without notice 
        of the reasons therefor and opportunity for a hearing under 
        procedures that comport with the requirements of due process, 
        except that this paragraph shall not apply in the case of an 
        employee serving a probationary or trial period under an 
        initial appointment; and
            (5) institute 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 section shall be 
considered to affect--
            (1) the applicability of any provision of law providing 
        for--
                    (A) equal employment opportunity;
                    (B) Indian preference; or
                    (C) veterans' preference; or
            (2) the eligibility of any individual to participate in any 
        retirement system, any program under which any health insurance 
        or life insurance is afforded, or any program under which 
        unemployment benefits are afforded, with respect to Federal 
        employees.
    (e) Labor-Management Provisions.--
            (1) Collective-bargaining agreements.--Any collective-
        bargaining agreement in effect on the day before the effective 
        date specified under subsection (f)(1) shall continue to be 
        recognized by the institute until altered or amended pursuant 
        to law.
            (2) Exclusive representative.--Nothing in this Act shall 
        affect the right of any labor organization to be accorded (or 
        to continue to be accorded) recognition as the exclusive 
        representative of any unit of institute employees.
            (3) Other provisions.--Matters made subject to regulation 
        under this section shall not be subject to collective 
        bargaining, except in the case of any matter under chapter 63 
        of title 5, United States Code (relating to leave).
    (f) Effective Date.--
            (1) Alternative personnel management provisions.--The 
        alternative personnel management provisions under this section 
        shall take effect on such date as may be specified in the 
        regulations, except that such date may not be later than 1 year 
        after the date of the enactment of this Act.
            (2) Provisions made inapplicable by this section.--
        Subsection (a) shall take effect on the date specified under 
        paragraph (1).
    (g) Applicability.--
            (1) In general.--Except as otherwise provided 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 institute.
            (2) Current employees not covered except pursuant to a 
        voluntary election.--
                    (A) In general.--An institute employee serving on 
                the day before the effective date specified under 
                subsection (f)(1) shall not be subject to the 
                alternative personnel management provisions under this 
                section (and shall instead, for all purposes, be 
                treated in the same way as if this section had not been 
                enacted, notwithstanding subsection (a)) unless, before 
                the end of the 5-year period beginning 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 regulations, 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 effective date 
                        specified under subsection (f)(1), is 
                        transferred, promoted, or reappointed, without 
                        a break in service of 3 days or longer, to an 
                        institute position from a noninstitute position 
                        with the Federal 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, with the annual and sick leave to such 
                individual's credit immediately before the effective 
                date of such election, transfer, promotion, or 
                reappointment, as the case may be.
                    (B) Liquidation of remaining leave upon 
                termination.--
                            (i) Annual leave.--Upon termination of 
                        employment with the institute, 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, except 
                        that leave earned or accrued under regulations 
                        prescribed under this section shall not be so 
                        liquidated.
                            (ii) Sick leave.--Upon termination of 
                        employment with the institute, 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 
                        accordance with section 8339(m) of title 5, 
                        United States Code, except that leave earned or 
                        accrued under regulations prescribed under this 
                        section shall not be so creditable.
                    (C) Transfer of remaining leave upon transfer, 
                promotion, or reemployment.--In the case of any 
                institute employee who is transferred, promoted, or 
                reappointed, without a break in service of 3 days or 
                longer, to a position in the Federal Government (or the 
                government of the District of Columbia) under a 
                different leave system, any remaining leave to the 
                credit of that individual earned or credited under the 
                regulations prescribed under this section shall be 
                transferred to such individual's credit in the 
                employing agency on an adjusted basis in accordance 
                with regulations which shall be prescribed by the 
                Office of Personnel Management.
            (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 institute in writing.

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 president of the institute, procurement and 
contracting authority with respect to the conduct of the administrative 
functions of the institute.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 1997, and 
for each fiscal year thereafter--
            (1) the amount of funds made available by appropriations as 
        operations funding for the administration of the institute for 
        fiscal year 1996; and
            (2) such additional sums as may be necessary for the 
        operation of the institute pursuant to this Act.
                                 <all>