[105th Congress Public Law 337]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ337.105]
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Public Law 105-337
105th Congress
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. <<NOTE: Oct. 31, 1998 - [H.R.
4259]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Haskell Indian
Nations University and Southwestern Indian Polytechnic Institute
Administrative Systems Act of 1998. Kansas. New Mexico.>>
SECTION 1. SHORT TITLE. <<NOTE: 25 USC 3731 note.>>
This Act may be cited as the ``Haskell Indian Nations University and
Southwestern Indian Polytechnic Institute Administrative Systems Act of
1998''.
SEC. 2. FINDINGS. <<NOTE: 25 USC 3731.>>
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. <<NOTE: 25 USC 3731 note.>>
(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
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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. <<NOTE: 25 USC 3731 note.>>
(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; <<NOTE: Federal Register, publication.>>
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(3) submit the plan so published to public hearing;
(4) <<NOTE: Notification.>> 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) <<NOTE: Reports.>> 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.--
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(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 <<NOTE: Reports.>> 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 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
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(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
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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. <<NOTE: 25 USC 3731
note.>>
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. <<NOTE: 25 USC 3731 note.>>
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. <<NOTE: 25 USC 3731 note.>>
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. <<NOTE: Deadline. 25 USC
3731 note.>>
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--
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(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.
Approved October 31, 1998.
LEGISLATIVE HISTORY--H.R. 4259:
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HOUSE REPORTS: No. 105-700, Pt. 1 (Comm. on Government Reform and
Oversight).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 6, considered and passed House.
Oct. 14, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 31, Presidential statement.
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