[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4259 Enrolled Bill (ENR)]

        H.R.4259

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 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.