[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1095 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1095

To enhance the administrative authority of the respective presidents of 
     Haskell Indian Nations University and the Southwestern Indian 
             Polytechnic Institute, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

 Mr. Roberts (for himself, Mr. Bingaman, Mr. Brownback, Mr. Campbell, 
Mr. Domenici, and Mr. Inouye) 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 respective presidents of 
     Haskell Indian Nations University and the 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 ``Haskell Indian Nations University 
and Southwestern Indian Polytechnic Institute Administrative Systems 
Act of 1997''.

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.

    For purposes of this Act--
            (1) Haskell indian nations university.--The term ``Haskell 
        Indian Nations University'' means Haskell Indian Nations 
        University, located in Lawrence, Kansas.
            (2) Southwestern indian polytechnic institute.--The term 
        ``Southwestern Indian Polytechnic Institute'' means the 
        Southwestern Indian Polytechnic Institute, located in 
        Albuquerque, New Mexico.
            (3) Respective institutions, etc.--The terms ``respective 
        institutions'' and ``institutions to which this Act applies'' 
        mean Haskell Indian Nations University and the Southwestern 
        Indian Polytechnic Institute.
            (4) 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 either of the institutions 
to which this Act applies.
    (b) Alternative Personnel Management Provisions.--
            (1) In general.--The president of each of the respective 
        institutions shall by regulation prescribe such personnel 
        management provisions as may be necessary, in the interest of 
effective administration, to replace the provisions of law that are 
inapplicable with respect to such institution by reason of subsection 
(a).
            (2) Procedural requirements.--Regulations under this 
        subsection--
                    (A) shall be prescribed in consultation with the 
                board of regents (or, if none, the governing body) of 
                the institution involved and other appropriate 
                representative bodies;
                    (B) shall be subject to the requirements of 
                subsections (b) through (e) of section 553 of title 5, 
                United States Code; and
                    (C) shall not take effect except with the prior 
                written approval of the Secretary.
    (c) Specific Substantive Requirements.--Under the regulations 
prescribed for an institution under this section--
            (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) 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 applicable alternative personnel management 
        provisions under this section;
            (3) procedures shall be established for the rapid and 
        equitable resolution of grievances;
            (4) no 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) 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 the applicability of--
            (1) any provision of law providing for--
                    (A) equal employment opportunity;
                    (B) Indian preference; or
                    (C) veterans' preference;
            (2) 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
            (3) chapter 71 of title 5, United States Code, relating to 
        labor-management and employee relations.
    (e) Labor-Management Provisions.--
            (1) Collective-bargaining agreements.--Any collective-
        bargaining agreement in effect on the day before the applicable 
        effective date under subsection (f)(1) shall continue to be 
        recognized by the institution involved 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 employees.
            (3) Other provisions.--Matters made subject to regulation 
        under this section shall not be subject to collective 
        bargaining.
    (f) Effective Date.--
            (1) Alternative personnel management provisions.--Any 
        alternative personnel management provisions under this section 
        shall take effect on such date as may be specified in the 
        regulations applicable with respect to the institution 
        involved, except that in no event shall the date specified be 
        later than 1 year after the date of the enactment of this Act.
            (2) Provisions made inapplicable by this section.--
        Subsection (a) shall, with respect to an institution, take 
        effect as of the effective date specified with respect to such 
        institution 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 institution involved.
            (2) Current employees not covered except pursuant to a 
        voluntary election.--
                    (A) In general.--An employee serving with an 
                institution on the day before the applicable effective 
                date under subsection (f)(1) shall not be subject to 
                such institution's alternative personnel management 
                provisions (and shall instead, for purposes of such 
                institution, 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 applicable effective 
                        date under subsection (f)(1), is transferred, 
                        promoted, or reappointed, without a break in 
                        service of 3 days or longer, to a position 
                        within an institution to which this Act applies 
                        from a 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, in conformance with the requirements of 
                section 6308 of title 5, United States Code, 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 an institution to which this 
                        Act applies, 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.
                            (ii) Sick leave.--Upon termination of 
                        employment with an institution to which this 
                        Act applies, 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 an employee 
                of an institution to which this Act applies 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 leave 
                remaining to the credit of that individual which was 
                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 section 6308 of title 
                5, United States Code.
            (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 institution involved, 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 each of the respective 
institutions 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 to each of the respective 
institutions for fiscal year 1998, and for each fiscal year 
thereafter--
            (1) the amount of funds made available by appropriations as 
        operations funding for the administration of such institution 
        for fiscal year 1997; and
            (2) such additional sums as may be necessary for the 
        operation of such institution pursuant to this Act.
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