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Text of the Haskell Indian Nations University Administrative Systems Act of 1996

This bill was introduced on September 17, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 17, 1996 (Introduced).

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HR 4098 IH

104th CONGRESS

2d Session

H. R. 4098

To enhance the administrative authority of the president of Haskell Indian Nations University, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 17, 1996

Mrs. MEYERS of Kansas introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities, and in addition to the Committee on Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To enhance the administrative authority of the president of Haskell Indian Nations University, 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 Administrative Systems Act of 1996’.

SEC. 2. FINDINGS.

    The Congress finds that--

      (1) the provision of culturally sensitive curricula for higher education programs at Haskell Indian Nations University 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 Haskell Indian Nations University, while maintaining it as an integral part of the Bureau of Indian Affairs, will facilitate the transition of the university to a 4-year university.

SEC. 3. DEFINITIONS.

    For purposes of this Act--

      (1) UNIVERSITY- The term ‘Haskell Indian Nations University’ or ‘university’ means the Haskell Indian Nations University, located in Lawrence, Kansas.

      (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 university.

    (b) ALTERNATIVE PERSONNEL MANAGEMENT PROVISIONS-

      (1) IN GENERAL- The president of the university shall by regulation prescribe such personnel management provisions as may be necessary, in order to ensure the effective administration of the university, to replace the provisions of law that are inapplicable with respect to the university by reason of subsection (a).

      (2) PROCEDURAL REQUIREMENTS- Regulations under this subsection--

        (A) shall be prescribed in consultation with the board of regents of the university 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--

      (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) 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 university 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) university 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 university 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 university 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 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 take effect as of 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 university.

      (2) CURRENT EMPLOYEES NOT COVERED EXCEPT PURSUANT TO A VOLUNTARY ELECTION-

        (A) IN GENERAL- A university 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 a university position from a non-university 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 university, 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 university, 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 university 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 university 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 university procurement and contracting authority with respect to the conduct of the administrative functions of the university.

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 university for fiscal year 1996; and

      (2) such additional sums as may be necessary for the operation of the university pursuant to this Act.