Staff of Institute
Exemption from civil service
Appointment and compensation
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.
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.
Not later than 180 days after the President of the Institute is appointed, the President of the Institute shall make policies and procedures governing—
the establishment of positions at the Institute,
basic compensation for such positions (including health and retirement benefits),
entitlement to compensation,
conditions of employment,
discharge from employment,
the leave system, and
such other matters as may be appropriate.
Rules and regulations promulgated with respect to discharge and conditions of employment shall require—
that procedures be established for the rapid and equitable resolution of grievances of such individuals; and
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.
Appeal to Board
No reduction in classification or compensation
Leave
Any individual who—
elects under subsection (g) to be covered under the provisions of this section, or
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), with the annual and sick leave to the credit of such individual immediately before the effective date of such election, transfer, or reappointment.
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.
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) 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.
Applicability
This section shall apply to any individual appointed after
the continued employment of any individual employed before
such individual’s right to receive the compensation attached to such position.
This section shall not apply to an individual whose services are procured by the Institute pursuant to a written procurement contract.
This section shall not apply to employees of an entity performing services pursuant to a written contract with the Institute.
Termination of civil service positions
On
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.