[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[Senate]
[Pages S8533-S8535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROBERTS (for himself, Mr. Bingaman, Mr. Brownback, Mr. 
        Campbell, Mr. Domenici and Mr. Inouye):
  S. 1095. 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; to 
the Committee on Indian Affairs.

[[Page S8534]]

     THE HASKELL INDIAN NATIONS UNIVERSITY AND SOUTHWESTERN INDIAN 
        POLYTECHNIC INSTITUTE ADMINISTRATIVE SYSTEMS ACT OF 1997

  Mr. ROBERTS. Mr. President, I rise today to introduce the Haskell 
Indian Nations University and Southwestern Indian Polytechnic Institute 
Administrative Systems Act of 1997. I am pleased to have my colleagues, 
Senators Sam Brownback, Jeff Bingaman, Pete Domenici, and Daniel 
Inouye, and Indian Affairs Committee Chairman Senator Ben Nighthorse 
Campbell as cosponsors. This legislation will provide Haskell Indian 
Nations University and Southwestern Indian Polytechnic Institute the 
administrative authority and flexibility to complete their transitions 
from two year institutions to a 4-year university for Haskell, and a 
national community college for SIPI.
  Located in Lawrence, KS, Haskell is an educational institution rich 
in history and opportunity for American Indian and Alaskan Native 
communities. Founded in 1884 as the United States Indian Industrial 
Training School, Haskell has grown from a school providing agricultural 
education for grades one through five to a fully accredited four-year 
university. In October 1993, Haskell changed its name from Haskell 
Indian Junior College to Haskell Indian Nations University after 
receiving accreditation to offer a bachelor of science degree in 
elementary teacher education. Since its inception, Haskell has provided 
tuition-free education, culturally sensitive curricula, innovative 
services and a commitment to academic excellence to federally 
recognized tribal members. With as many as 175 tribes represented in 
the student body, Haskell offers Native American history, institutions, 
arts, literature, and language courses integrating the perspectives of 
various Native American cultures. Haskell continues development of 4-
year programs in other fields, striving to meet the challenge of 
enriching the lives of young native Americans and Alaska Natives.
  I support Haskell's vision to become a national center for Indian 
education, research, and cultural programs; increasing the knowledge 
and supporting the educational needs of American Indians and Alaskan 
Natives. This legislation, which allows the institution to remain 
within the Bureau of Indian Affairs and employees to continue 
participation in Federal retirement and health benefit programs, 
provides the Haskell president and Board of Regents authority over 
organizational structure, classification of positions, recruitment, 
procurement, and determination of all human resource policies and 
procedures. In short, this legislation completes Haskell's transition 
by giving the school the autonomy enjoyed by the tribally controlled 
community colleges and BIA elementary and secondary schools. As Haskell 
continues to change and meet the educational demands of native 
Americans and Alaskan Natives into the 21st Century, so too should the 
system by which Haskell is administered change and grow. The Haskell 
Indian Nations University and Southwestern Indian Polytechnic Institute 
Administrative Systems Act of 1997 complements the educational and 
administrative efforts of these schools, giving Haskell and SIPI the 
support and flexibility required to progress and develop into 
outstanding institutions of higher learning. My Kansas colleague, 
Representative Vincent Snowbarger, has introduced this bill in the 
House of Representatives.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1095

       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.

[[Page S8535]]

       (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.

  Mr. BINGAMAN. Mr. President, I am pleased to join my colleague from 
the State of Kansas, Senator Roberts, in introducing a bill that will 
enable two Tribal Colleges to pursue their missions without the burden 
of unnecessary Federal regulations. Like Haskell Indian Nations 
University, the Southwestern Indian Polytechnic Institute of 
Albuquerque (SIPI) is one of about 30 Tribal Colleges that is supported 
by the Bureau of Indian Affairs. Many of the students at these colleges 
are the first in their families to attend college, and having a Tribal 
College near their home and in tune with their tradition is critical to 
their education and economic success. Both Haskell and SIPI have grown 
in academic stature in the past few decades. SIPI recently marked its 
25th anniversary and adopted a Master Plan that will guide the growth 
of its programs and facilities beyond the year 2000.
  A recent report by the Carnegie Foundation for the Advancement of 
Teaching entitled ``Native American Colleges: Progress and Prospects,'' 
documents the critical role that these colleges play in offering Native 
Americans access to higher education. This report also traces the 
history of the relationship between the Federal government and Tribal 
Colleges. Haskell and SIPI are the only Tribal Colleges that are 
administered by the Bureau of Indian Affairs, and as a result are bound 
by the personnel regulations that apply to Federal agencies. At one 
time, this policy made sense and allowed these two universities to 
establish an administrative infrastructure and academic programs. But 
as the Carnegie Foundation report points out, the relationship between 
the Federal government and Tribal Colleges should evolve as the 
institutions take on more self-determination. The time has come to 
enact legislation that reflects the growth of these institutions.
  The Federal personnel regulations imposed on SIPI and Haskell are 
inappropriate for institutions of higher education and are not 
recognized by accreditation organizations. This bill would allow 
Haskell and SIPI to establish independent authority over their 
personnel policies and practices. There is a world of difference 
between a Federal agency and a thriving institution of higher 
education, and these differences should be reflected in their personnel 
classification, pay systems, and policies for hiring and promotion. 
SIPI needs the authority to hire and promote faculty and staff on the 
basis of their intellect and the excellence of their teaching, 
research, and service to the institution.
  The U.S. military academies have encountered these same obstacles, 
and they have adopted alternative personnel regulations approved by the 
Office of Personnel Management. The personnel authority that would be 
established under this bill have been modeled after those in use by the 
U.S. Air Force Academy. OPM has been consulted and is in agreement with 
the contents of this bill.
  I agree with the Carnegie Foundation's report when it says: ``These 
institutions have taken on a breathtaking array of responsibilities. 
With each passing year, tribal colleges prove their worth to tribal 
communities, and to the nation. They can longer be dismissed as risky 
experiments, nor can their accomplishments be ignored. They are a 
permanent part of their reservations and this country.''
  I applaud Senator Roberts' efforts to develop and introduce this 
legislation. I look forward to working with him and with Senators 
Campbell and Inouye of the Committee on Indian Affairs to provide these 
two institutions with the flexibility they need to continue to 
flourish.
                                 ______