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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,
(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) 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 Insti
tute, 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.
(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, United States Code, 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 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. (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), the enactment of this title 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, United States Code, 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, United States Code, 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, United States Code.
(i) WORKMEN'S COMPENSATION.- Employees of the Institute shall receive compensation for work injuries and illnesses in accordance with chapter 81 of title 5, United States Code. SEC. 1510. (20 U.S.C. 4417) FUNCTIONS OF THE INSTITUTE.
(a) PRIMARY FUNCTIONS.—The primary functions of the Institute shall be
(1) to provide scholarly study of, and instruction 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 establishing the policies and internal organization that relate to the control and monitoring of all subdivisions, administrative entities, and departments of the Institute.
(2) The specific responsibilities of each subdivision, entity, and department of the Institute are solely within the discretion of the Board, or its designee.
(3) The Board shall establish, within the Institute, departments for the study of culture and arts and for research and exchange, and a museum. 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, Literature and Museology and a learning resources center, programs of institutional support and development, research programs, fellowship programs, seminars, publications, scholar-inresidence programs and inter-institutional programs of cooperation at national and international levels.
(3) a Museum of American Indian and Alaska Native Arts, which shall be under the direction of the President of the Institute.
(c) OTHER PROGRAMS.—In addition to the centers and programs described in subsection (b), the Institute shall develop 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;
(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 Indian art and culture. SEC. 1511. (20 U.S.C. 4418) INDIAN PREFERENCE.
(a) IN GENERAL.-Notwithstanding any other provision of Federal 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, programs conducted by the Institute,
(2) employment by the Institute, and
(3) contracts, fellowships, and grants awarded by the Institute.
(b) HIRING PREFERENCE.-In carrying out section 1509(b)(1), the President of the Institute shall, to the maximum extent practicable, give preference in hiring to Indians. SEC. 1512. (20 U.S.C. 4419) NONPROFIT AND NONPOLITICAL NATURE
OF THE INSTITUTE. (a) STOCK.—The Institute shall have no power to issue any shares of stock or to declare or pay any dividends.
(b) NONPROFIT NATURE.—No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or any other individual except as salary or reasonable compensation for services.
(c) NONPOLITICAL NATURE.—The Institute may not contribute to, or otherwise support, any political party or candidate for elective public office. SEC. 1513. (20 U.S.C. 4420) TAX STATUS; TORT LIABILITY.
(a) TAX STATUS.-The Institute and the franchise, capital, reserves, income, and property of the Institute shall be exempt from all taxation now or hereafter imposed by the United States, by any Indian tribe, or by any State or political subdivision thereof. (b) TORT LIABILITY.
(1) The Institute shall be subject to liability relating to tort claims only to the extent a Federal agency is subject to such liability under chapter 171 of title 28, United States Code.
(2) For purposes of chapter 171 of title 28, United States Code, the Institute shall be treated as a Federal agency (within the meaning of section 2671 of such title).
(3) For purposes of chapter 171 of title 28, United States Code, the President of the Institute shall be deemed the head
of the Agency SEC. 1514. (20 U.S.C. 4421) TRANSFER OF FUNCTIONS.
(a) INSTITUTE OF AMERICAN INDIAN ARTS.—There are hereby transferred to the Institute of American Indian and Alaska Native Culture and Art Development, and such Institute shall perform, the functions of the Institute of American Indian Arts established by the Secretary in 1962.
(b) CERTAIN MATTERS RELATING TO TRANSFERRED FUNCTIONS.—
(1) Subject to subsection (d), all personnel, liabilities, contracts, real property (including the collections of the museum located on the site known as the "Santa Fe Indian School” but not the museum building), personal property, assets, and records as are determined by the Director of the Office of Management and Budget to be employed, held, or used primarily in connection with any function transferred under the provisions of this title (regardless of the administrative entity providing the services on the date before the transfer) shall be transferred to the Institute.
(2) Personnel engaged in functions transferred by this title shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions, except that
such transfer shall be without reduction in classification or compensation for one year after such transfer.
(c) REFERENCES IN OTHER LAWS.-All laws and regulations relating to the Institute of American Indian Arts established by the Secretary in 1962 shall, insofar as such laws and regulations are appropriate, and not inconsistent with the provisions of this title, remain in full force and effect and apply with respect to the Institute. All references in any other Federal law to the Institute of American Indian Arts, or any officer transferred to the Institute of American Indian and Alaska Native Culture and Arts Development under subsection (b), shall be deemed to refer to the Institute of American Indian and Alaska Native Culture and Arts Development or an officer of the Institute of American Indian and Alaska Native Culture and Arts Development.
(d) FORGIVENESS OF AMOUNTS OWED; HOLD HARMLESS.(1) Subject to paragraph (2)
(A) the Institute shall be responsible for all obligations of the Institute incurred after June 2, 1988, and
(B) the Secretary shall be responsible for all obligations of the Institute incurred on or before June 2, 1988, including those which accrued by reason of any statutory, contractual, or other reason prior to June 2, 1988, which became payable within two years of June 2, 1988.
(2) With respect to all programs of the Federal Government, in whatever form or from whatever source derived, the Institute shall only be held responsible for actions and requirements, either administrative, regulatory, or statutory in nature, for events which occurred after July 1, 1988, including the submission of reports, audits, and other required information. The United States may not seek any monetary damages or repayment for the commission of events, or omission to comply with either administrative or regulatory requirements, for any action which occurred prior to June 2, 1988. SEC. 1515. (20 U.S.C. 4422] REPORTS.
(a) ANNUAL REPORT.-The President of the Institute shall submit an annual report to the Congress and to the Board concerning the status of the Institute during the 12 calendar months preceding the date of the report. Such report shall include, among other matters, a detailed statement of all private and public funds, gifts, and other items of a monetary value received by the Institute during such 12-month period and the disposition thereof as well as any recommendations for improving the Institute. (b) BUDGET PROPOSAL.
(1) After September 30, 1988 and for each fiscal year thereafter, the Board shall submit a budget proposal to the Congress.
(2) A budget proposal under this subsection shall be submitted not later than April 1 of each calendar year and shall propose a budget for the Institute for the 2 fiscal years succeeding the fiscal year during which such proposal is submitted.
(3) In determining the amount of funds to be appropriated to the Institute on the basis of such proposals, the Congress