[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4259 Received in Senate (RDS)]

  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 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 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 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.

            Passed the House of Representatives October 6, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.