§ 4416. — Staff of Institute.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4416]
TITLE 20--EDUCATION
CHAPTER 56--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE
AND ART DEVELOPMENT
SUBCHAPTER I--AMERICAN INDIANS AND ALASKA NATIVES
Sec. 4416. Staff of Institute
(a) Exemption from civil service
Except as otherwise provided in this section, title 5 shall not
apply to the Institute.
(b) Appointment and compensation
(1) The President of the Institute, with the approval of the Board,
shall have the authority to appoint, fix the compensation of (including
health and retirement benefits), and prescribe the duties of, such
officers and employees as the President of the Institute deems necessary
for the efficient administration of the Institute.
(2) The President of the Institute shall fix the basic compensation
for officers and employees of the Institute at rates comparable to the
rates in effect under the General Schedule for individuals with
comparable qualifications and positions, to whom chapter 51 of title 5
applies. If the Board determines that such action is necessary for
purposes of recruitment or retention of officers or employees necessary
to the functions of the Institute, the Board is authorized, by formal
action, to establish a rate of, or a range for, basic compensation that
is comparable to the rate of compensation paid to officers or employees
having similar duties and responsibilities in other institutions of
higher education.
(3)(A) Not later than 180 days after the President of the Institute
is appointed, the President of the Institute shall make policies and
procedures governing--
(i) the establishment of positions at the Institute,
(ii) basic compensation for such positions (including health and
retirement benefits),
(iii) entitlement to compensation,
(iv) conditions of employment,
(v) discharge from employment,
(vi) the leave system, and
(vii) such other matters as may be appropriate.
(B) Rules and regulations promulgated with respect to discharge and
conditions of employment shall require--
(i) that procedures be established for the rapid and equitable
resolution of grievances of such individuals; and
(ii) that no individual may be discharged without notice of the
reasons therefor and an opportunity for a hearing under procedures
that comport with the requirements of due process.
(c) Appeal to Board
Any officer or employee of the Institute may appeal to the Board any
determination by the President of the Institute to not re-employ or to
discharge such officer or employee. Upon appeal, the Board may, in
writing, overturn the determination of the President of the Institute
with respect to the employment of such officer or employee.
(d) No reduction in classification or compensation
Individuals who elect to remain civil service employees shall be
transferred in accordance with applicable laws and regulations relating
to the transfer of functions and personnel, except that any such
transfer shall not result in a reduction in classification or
compensation with respect to any such individual for at least one year
after the date on which such transfer occurs.
(e) Leave
(1) Any individual who--
(A) elects under subsection (g) of this section to be covered
under the provisions of this section, or
(B) is an employee of the Federal Government and is transferred
or reappointed, without a break in service, from a position under a
different leave system to the Institute,
shall be credited for purposes of the leave system provided under rules
and regulations promulgated pursuant to subsection (b) of this section,
with the annual and sick leave to the credit of such individual
immediately before the effective date of such election, transfer, or
reappointment.
(2) 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 sections 5551(a) and
6306 of title 5, except that leave earned or accrued under rules and
regulations promulgated pursuant to subsection (b) of this section shall
not be so liquidated.
(3) In the case of any individual who is transferred, promoted, or
reappointed, without break in service, to a position in the Federal
Government under a different leave system, any remaining leave to the
credit of such person earned or credited under the rules and regulations
promulgated pursuant to subsection (b) of this section shall be
transferred to the credit of such individual in the employing agency on
an adjusted basis in accordance with the rules and regulations which
shall be promulgated by the Office of Personnel Management.
(f) Applicability
(1) This section shall apply to any individual appointed after
October 17, 1986, for employment in the Institute. Except as provided in
subsections (d) and (g) of this section, the enactment of this chapter
shall not affect--
(A) the continued employment of any individual employed before
October 17, 1986; or
(B) such individual's right to receive the compensation attached
to such position.
(2) This section shall not apply to an individual whose services are
procured by the Institute pursuant to a written procurement contract.
(3) This section shall not apply to employees of an entity
performing services pursuant to a written contract with the Institute.
(g) Termination of civil service positions
(1) On June 30, 1989, any position at the Institute which is
occupied by an individual in the civil service shall terminate. During
such period, such individual may make an irrevocable election to be
covered under the provisions of this section, except that any such
individual who is subject to subchapter III of chapter 83 of title 5 may
elect to continue to be subject to such subchapter, and any such
individual who is subject to chapter 84 of such title may elect to
continue to be subject to such chapter.
(2) Any individual who makes an election under paragraph (1) to
continue to be subject to subchapter III of chapter 83 of title 5 or
chapter 84 of such title shall, so long as continually employed by the
Institute without a break in service subject to such subchapter or such
chapter 84, as the case may be, continue to be treated as an employee
subject to such subchapter or such chapter 84, as the case may be.
Employment by the Institute without a break of continuity in service
shall be considered to be employment by the United States Government for
the purpose of such subchapter or such chapter 84, as the case may be.
The Institute shall be responsible for making the contributions required
to be made by an employing agency under such subchapter or such chapter
84, as the case may be.
(h) Collective bargaining
The Institute shall be considered an agency for the purpose of
chapter 71 of title 5.
(i) Workmen's compensation
Employees of the Institute shall receive compensation for work
injuries and illnesses in accordance with chapter 81 of title 5.
(Pub. L. 99-498, title XV, Sec. 1509, Oct. 17, 1986, 100 Stat. 1604;
Pub. L. 100-297, title V, Sec. 5406(a), Apr. 28, 1988, 102 Stat. 417;
Pub. L. 102-325, title XIII, Sec. 1331(c), July 23, 1992, 106 Stat. 806;
Pub. L. 103-382, title III, Sec. 386(a), Oct. 20, 1994, 108 Stat. 4020.)
References in Text
The General Schedule, referred to in subsec. (b)(2), is set out
under section 5332 of Title 5, Government Organization and Employees.
Amendments
1994--Subsec. (f). Pub. L. 103-382 amended heading and text of
subsec. (f) generally. Prior to amendment, text read as follows: ``This
section shall apply to any individual appointed after October 17, 1986,
for employment in the Institute. Except as provided in subsections (d)
and (g) of this section, the enactment of this chapter shall not
affect--
``(1) the continued employment of any individual employed
immediately before October 17, 1986, or
``(2) such individual's right to receive the compensation
attached to such position.''
1992--Subsec. (b)(2). Pub. L. 102-325 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ``The President of the
Institute shall fix the basic compensation for officers and employees of
the Institute at rates comparable to the rates in effect under the
General Schedule for individuals with comparable qualifications, and
holding comparable positions, to whom chapter 51 of title 5 applies.''
1988--Subsec. (g)(1). Pub. L. 100-297 substituted ``On June 30,
1989'' for ``At the end of the 2-year period beginning on the date
referred to in section 4421(f) of this title''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Effective Date of 1988 Amendment
For effective date and applicability of amendment by Pub. L. 100-
297, see section 6303 of Pub. L. 100-297, set out as a note under
section 1071 of this title.
Section Referred to in Other Sections
This section is referred to in section 4418 of this title.
