Page:United States Statutes at Large Volume 114 Part 5.djvu/297

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-257 by the Socialist Republic of Vietnam under the United States- Vietnam debt agreement. (c) AVAILABILITY OF THE FUNDS.— (1) FISCAL YEAR LIMITATION.—Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, $5,000,000 of the amounts deposited into the Fund (or accrued interest) each fiscal year shall be available to the Foundation, without fiscal year limitation, under paragraph (2). (2) DISBURSEMENT OF FUNDS.—The Secretary of the Treasury, at least on a quarterly basis, shall transfer to the Foundation amounts allotted to the Foundation under paragraph (1) for the purpose of carrying out its activities. (3) TRANSFER OF EXCESS FUNDS TO MISCELLANEOUS RECEIPTS.— Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, the Secretary of the Treasury shall withdraw from the Fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the Fund in excess of amounts made available to the Foundation under paragraph (1). (d) ANNUAL REPORT. —The Board shall prepare and submit annually to Congress statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. SEC. 208. FOUNDATION PERSONNEL MATTERS. (a) APPOINTMENT BY BOARD. —There shall be an Executive Secretary of the Foundation who shall be appointed by the Board without regard to the provisions of title 5, United States Code, or any regulation thereunder, governing appointment in the competitive service. The Executive Director shall be the Chief Executive Officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this title as the Board shall prescribe. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least six of the nine voting members of the Board. (b) PROFESSIONAL STAFF. —The Executive Director shall hire Foundation staff on the basis of professional and nonpartisan qualifications. (c) EXPERTS AND CONSULTANTS.— The Executive Director may procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code to carry out the purposes of the Foundation. (d) COMPENSATION.— The Board may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title V, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 209. ADMINISTRATIVE PROVISIONS. (a) IN GENERAL.— In order to carry out this title, the Foundation may—

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