20 U.S.C. § 4416 — Staff of Institute

Page 1243 TITLE 20—EDUCATION § 4416 ard of care, given such information and cir- cumstances as existed when the decision is made, in decisions involving investment of funds under subsection (a)(12).2 (Pub. L. 99–498, title XV, § 1507, Oct. 17, 1986, 100 Stat. 1603; Pub. L. 100–297, title V, § 5406(e), Apr. 28, 1988, 102 Stat. 418; Pub. L. 101–644, title V, § 501, Nov. 29, 1990, 104 Stat. 4668; Pub. L. 102–325, title XIII, § 1331(b), July 23, 1992, 106 Stat. 806; Pub. L. 103–208, § 2(l), Dec. 20, 1993, 107 Stat. 2486.) Editorial Notes REFERENCES IN TEXT Subsection (a)(12), referred to in subsec. (c), was re- designated subsec. (a)(13) of this section, repealed, and a new subsec. (a)(13) added by Pub. L. 102–325, title XIII, § 1331(b)(1)(A), (C), July 23, 1992, 106 Stat. 806, and former subsec. (a)(11) of this section was redesignated subsec. (a)(12). AMENDMENTS 1993—Subsec. (a)(12). Pub. L. 103–208 substituted semi- colon for period at end. 1992—Subsec. (a)(2). Pub. L. 102–325, § 1331(b)(1)(B), added par. (2) and struck out former par. (2) which read as follows: ‘‘to make agreements and contracts with persons, Indian tribes, and private or governmental en- tities and to make payments or advance payments under such agreements or contracts without regard to section 3324 of title 31;’’. Subsec. (a)(3) to (12). Pub. L. 102–325, § 1331(b)(1)(A), (B), added par. (3) and redesignated former pars. (3) to (11) as (4) to (12), respectively. Former par. (12) redesig- nated (13). Subsec. (a)(13). Pub. L. 102–325, § 1331(b)(1)(C), added par. (13) and struck out former par. (13) which read as follows: ‘‘to use any funds or property received by the Institute to carry out the purpose of this chapter; and’’. Pub. L. 102–325, § 1331(b)(1)(A), redesignated par. (12) as (13). Former par. (13) redesignated (14). Subsec. (14). Pub. L. 102–325, § 1331(b)(1)(A), redesig- nated par. (13) as (14). Subsec. (c). Pub. L. 102–325, § 1331(b)(2), substituted ‘‘shall be expended’’ for ‘‘may be expended’’. 1990—Subsec. (a)(11). Pub. L. 101–644, § 501(b), amended par. (11) generally. Prior to amendment, par. (11) read as follows: ‘‘to obtain insurance or make other provi- sions against losses;’’. Subsec. (c). Pub. L. 101–644, § 501(a), added subsec. (c). 1988—Pub. L. 100–297 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 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. § 4415. President of Institute (a) Appointment The Institute shall have a President who shall be appointed by the Board. The President of the Institute shall serve as the chief executive offi- cer of the Institute. Subject to the direction of the Board and the general supervision of the Chairman of the Board, the President of the In- stitute shall have the responsibility for carrying out the policies and functions of the Institute and shall have authority over all personnel and activities of the Institute. (b) Compensation The President of the Institute shall be paid at a rate not to exceed the maximum rate of basic pay payable for grade GS–18 of the General Schedule. (Pub. L. 99–498, title XV, § 1508, Oct. 17, 1986, 100 Stat. 1604.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 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 ap- proval 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 individ- uals with comparable qualifications and posi- tions, to whom chapter 51 of title 5 applies. If the Board determines that such action is nec- essary for purposes of recruitment or retention of officers or employees necessary to the func- tions of the Institute, the Board is authorized, by formal action, to establish a rate of, or a range for, basic compensation that is com- parable to the rate of compensation paid to offi- cers or employees having similar duties and re- sponsibilities in other institutions of higher education. (3)(A) Not later than 180 days after the Presi- dent of the Institute is appointed, the President of the Institute shall make policies and proce- dures governing— (i) the establishment of positions at the In- stitute, (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 appro- priate. Page 1244 TITLE 20—EDUCATION § 4416 (B) Rules and regulations promulgated with respect to discharge and conditions of employ- ment 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 deter- mination of the President of the Institute with respect to the employment of such officer or em- ployee. (d) No reduction in classification or compensa- tion 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 re- duction in classification or compensation with respect to any such individual for at least one year after the date on which such transfer oc- curs. (e) Leave (1) Any individual who— (A) elects under subsection (g) to be covered under the provisions of this section, or (B) is an employee of the Federal Govern- ment and is transferred or reappointed, with- out a break in service, from a position under a different leave system to the Institute, shall be credited for purposes of the leave sys- tem provided under rules and regulations pro- mulgated pursuant to subsection (b), with the annual and sick leave to the credit of such indi- vidual 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) shall not be so liquidated. (3) In the case of any individual who is trans- ferred, promoted, or reappointed, without break in service, to a position in the Federal Govern- ment under a different leave system, any re- maining leave to the credit of such person earned or credited under the rules and regula- tions promulgated pursuant to subsection (b) shall be transferred to the credit of such indi- vidual in the employing agency on an adjusted basis in accordance with the rules and regula- tions 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 sub- sections (d) and (g), the enactment of this chap- ter shall not affect— (A) the continued employment of any indi- vidual 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 indi- vidual whose services are procured by the Insti- tute pursuant to a written procurement con- tract. (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 Insti- tute which is occupied by an individual in the civil service shall terminate. During such pe- riod, 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 em- ployed by the Institute without a break in serv- ice 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 com- pensation for work injuries and illnesses in ac- cordance with chapter 81 of title 5. (Pub. L. 99–498, title XV, § 1509, Oct. 17, 1986, 100 Stat. 1604; Pub. L. 100–297, title V, § 5406(a), Apr. 28, 1988, 102 Stat. 417; Pub. L. 102–325, title XIII, § 1331(c), July 23, 1992, 106 Stat. 806; Pub. L. 103–382, title III, § 386(a), Oct. 20, 1994, 108 Stat. 4020.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (b)(2), is set out under section 5332 of Title 5, Government Orga- nization 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 indi- vidual appointed after October 17, 1986, for employment Page 1245 TITLE 20—EDUCATION § 4418 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 com- pensation 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 com- pensation for officers and employees of the Institute at rates comparable to the rates in effect under the Gen- eral Schedule for individuals with comparable quali- fications, 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 be- ginning on the date referred to in section 4421(f) of this title’’. Statutory Notes and Related Subsidiaries 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. § 4417. Functions of Institute (a) Primary functions The primary functions of the Institute shall be— (1) to provide scholarly study of, and in- struction in, Indian art and culture, and (2) to establish programs which culminate in the awarding of degrees in the various fields of Indian art and culture. (b) Administrative entities (1) The Board shall be responsible for estab- lishing the policies and internal organization that relate to the control and monitoring of all subdivisions, administrative entities, and de- partments of the Institute. (2) The specific responsibilities of each sub- division, entity, and department of the Institute are solely within the discretion of the Board, or its designee. (3) The Board shall establish, within the Insti- tute, departments for the study of culture and arts and for research and exchange, and a mu- seum. The Board shall establish the areas of competency for the departments created under this paragraph, which may include (but are not limited to) Departments of Arts and Sciences, Visual Arts, Performing Arts, Language, Lit- erature and Museology and a learning resources center, programs of institutional support and development, research programs, fellowship pro- grams, seminars, publications, scholar-in-resi- dence programs and inter-institutional pro- grams of cooperation at national and inter- national levels. (c) Other programs In addition to the centers and programs de- scribed in subsection (b), the Institute shall de- velop such programs and centers as the Board determines are necessary to— (1) foster research and scholarship in Indian art and culture through— (A) resident programs; (B) cooperative programs; and (C) grant programs; (2) complement existing tribal programs for the advancement of Indian art and culture; and (3) coordinate efforts to preserve, support, revitalize, and develop evolving forms of In- dian art and culture. (Pub. L. 99–498, title XV, § 1510, Oct. 17, 1986, 100 Stat. 1606; Pub. L. 101–644, title V, § 502, Nov. 29, 1990, 104 Stat. 4668; Pub. L. 102–325, title XIII, § 1331(d), July 23, 1992, 106 Stat. 807.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–325 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘There shall be established within the Institute— ‘‘(1) a Center for Culture and Art Studies to be ad- ministered by a director (appointed by the President of the Institute, with the approval of the Board), which shall include (but not be limited to) Depart- ments of Arts and Sciences, Visual Arts, Performing Arts, Language, Literature, and Museology; ‘‘(2) a Center for Research and Cultural Exchange, administered by a director (appointed by the Presi- dent of the Institute, with the approval of the Board), which shall include— ‘‘(A) a learning resources center; ‘‘(B) programs of institutional support and devel- opment; ‘‘(C) research programs; ‘‘(D) fellowship programs; ‘‘(E) seminars; ‘‘(F) publications; ‘‘(G) scholar-in-residence and artist-in-residence programs; and ‘‘(H) inter-institutional programs of cooperation at national and international levels; and ‘‘(3) a Museum of American Indian and Alaska Na- tive Arts, which shall be under the direction of the President of the Institute.’’ 1990—Subsec. (b)(2). Pub. L. 101–644, § 502(1), redesig- nated subpars. (B) to (I) as (A) to (H), respectively, and struck out former subpar. (A) which related to a mu- seum of Indian arts. Subsec. (b)(3). Pub. L. 101–644, § 502(2)–(4), added par. (3). Statutory Notes and Related Subsidiaries 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. § 4418. Indian preference (a) In general Notwithstanding any other provision of Fed- eral or State law, the Institute is authorized to develop a policy or policies for the Institute to extend preference to Indians in— (1) admissions to, and enrollment in, pro- grams conducted by the Institute, (2) employment by the Institute, and (3) contracts, fellowships, and grants award- ed by the Institute. (b) Hiring preference In carrying out section 4416(b)(1) of this title, the President of the Institute shall, to the max- imum extent practicable, give preference in hir- ing to Indians.