[Congressional Record Volume 142, Number 140 (Wednesday, October 2, 1996)]
[Senate]
[Pages S12195-S12196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 2189. A bill to enhance the administrative authority of the 
president of Southwestern Indian Polytechnic Institute, and for other 
purposes; to the Committee on Indian Affairs.


 the southwestern indian polytechnic institute administrative systems 
                              act of 1996

 Mr. BINGAMAN. Mr. President, today, with Senator Domenici, I 
am introducing the Southwestern Indian Polytechnic Institute 
Administrative Systems Act of 1996.
  The Southwestern Indian Polytechnic Institute [SIPI] is a first class 
community college in Albuquerque, NM. It offers vocational and academic 
courses to Indian students from across the country and from all tribes. 
SIPI has recently celebrated its 25th anniversary, and has developed a 
long-term plan for expansion of its physical plant and its 
instructional program.
  SIPI is currently operating as a BIA-funded organization governed by 
the personnel rules of a Federal agency. These rules are not 
appropriate for an academic institute. For the last year and a half I 
have been working with the Committee on Indian Affairs to find a way to 
give the president and board of regents of SIPI control over their own 
personnel policies.
  The purpose of this act is to enhance the authority of the president 
and board at SIPI to hire and promote faculty appropriately, allowing 
them to function more like other academic institutions. I applaud 
Senator Kassebaum for the excellent work she has done to develop 
similar legislation for Haskell Indian Nations University, offering 
Haskell the same kind of improvements in their personnel policies. 
Senator Domenici and I hope to work with her and Senator Inouye and 
others to ensure that both of these institutions are provided 
administrative authority to operate their personnel policies well and 
appropriately. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2189

       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;

[[Page S12196]]

       (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.

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