§ 5804. Officers and employees
(a)
In general
The Board may—
(1)
appoint, hire, and discharge the officers and employees of the Foundation, other than appoint the initial Executive Director of the Foundation;
(b)
Officers and employees
(1)
Appointment and hiring
An officer or employee of the Foundation—
(A)
shall not, by virtue of the appointment or employment of the officer or employee, be considered a Federal employee for any purpose, including the provisions of title 5 governing appointments in the competitive service, except that such an individual may participate in the Federal employee retirement system as if the individual were a Federal employee; and
(2)
Executive Director
(A)
Initial Director
The Secretary shall appoint an individual to serve as the initial Executive Director of the Foundation who shall serve, at the direction of the Board, as the chief operating officer of the Foundation.