§ 4606. — Officers and employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4606]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 56--UNITED STATES INSTITUTE OF PEACE
Sec. 4606. Officers and employees
(a) Appointment, compensation and status of president of Institute and
other officers
The Board shall appoint the president of the Institute and such
other officers as the Board determines to be necessary. The president of
the Institute shall be a nonvoting ex officio member of the Board. All
officers shall serve at the pleasure of the Board. The president shall
be appointed for an explicit term of years. Notwithstanding any other
provision of law limiting the payment of compensation, the president and
other officers appointed by the Board shall be compensated at rates
determined by the Board, but no greater than that payable for level I of
the Executive Schedule under chapter 53 of title 5.
(b) Authorization of activities
Subject to the provisions of section 4604(h)(3) of this title, the
Board shall authorize the president and any other officials or employees
it designates to receive and disburse public moneys, obtain and make
grants, enter into contracts, establish and collect fees, and undertake
all other activities necessary for the efficient and proper functioning
of the Institute.
(c) Appointment, compensation and status of personnel
The president, subject to Institute's bylaws and general policies
established by the Board, may appoint, fix the compensation of, and
remove such employees of the Institute as the president determines
necessary to carry out the purposes of the Institute. In determining
employee rates of compensation, the president shall be governed by the
provisions of title 5 relating to classification and General Schedule
pay rates.
(d) Assignment of Federal officers or employees to the Institute
(1) The president may request the assignment of any Federal officer
or employee to the Institute by an appropriate department, agency, or
congressional official or Member of Congress and may enter into an
agreement for such assignment, if the affected officer or employee
agrees to such assignment and such assignment causes no prejudice to the
salary, benefits, status, or advancement within the department, agency,
or congressional staff of such officer or employee.
(2) The Secretary of State, the Secretary of Defense, and the
Director of Central Intelligence each may assign officers and employees
of his respective department or agency, on a rotating basis to be
determined by the Board, to the Institute if the affected officer or
employee agrees to such assignment and such assignment causes no
prejudice to the salary, benefits, status, or advancement within the
respective department or agency of such officer or employee.
(e) Dual compensation restriction
No officer or full-time employee of the Institute may receive any
salary or other compensation for services from any source other than the
Institute during the officer's or employee's period of employment by the
Institute, except as authorized by the Board.
(f) Federal employment status only for stated purposes
(1) Officers and employees of the Institute shall not be considered
officers and employees of the Federal Government except for purposes of
the provisions of title 28, which relate to Federal tort claims
liability, and the provisions of title 5, which relate to compensation
and benefits, including the following provisions: chapter 51 (relating
to classification); subchapters I and III of chapter 53 (relating to pay
rates); subchapter I of chapter 81 (relating to compensation for work
injuries); chapter 83 (relating to civil service retirement); chapter 87
(relating to life insurance); and chapter 89 (relating to health
insurance). The Institute shall make contributions at the same rates
applicable to agencies of the Federal Government under the provisions of
title 5 referred to in this section.
(2) The Institute shall not make long-term commitments to employees
that are inconsistent with rules and regulations applicable to Federal
employees.
(g) Distributions prohibited during life or upon dissolution or
liquidation of Institute or legal entity; compensation for
services or expenses
No part of the financial resources, income, or assets of the
Institute or of any legal entity created by the Institute shall inure to
any agent, employee, officer, or director or be distributable to any
such person during the life of the corporation or upon dissolution or
final liquidation. Nothing in this section may be construed to prevent
the payment of reasonable compensation for services or expenses to the
directors, officers, employees, and agents of the Institute in amounts
approved in accordance with the provisions of this chapter.
(h) Loans prohibition; joint and several liability
The Institute shall not make loans to its directors, officers,
employees, or agents, or to any legal entity created by the Institute. A
director, officer, employee, or agent who votes for or assents to the
making of a loan or who participates in the making of a loan shall be
jointly and severally liable to the Institute for the amount of the loan
until repayment thereof.
(Pub. L. 98-525, title XVII, Sec. 1707, Oct. 19, 1984, 98 Stat. 2656;
Pub. L. 100-569, title III, Sec. 301(b), Oct. 31, 1988, 102 Stat. 2864;
Pub. L. 101-520, title III, Sec. 319(c), Nov. 5, 1990, 104 Stat. 2285;
Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1225(c)(2), Oct. 21,
1998, 112 Stat. 2681-773.)
References in Text
Level I of the Executive Schedule, referred to in subsec. (a), is
set out in section 5312 of Title 5, Government Organization and
Employees.
The provisions of title 5 relating to classification and General
Schedule pay rates, referred to in subsec. (c), are set out in chapter
51 (Sec. 5101 et seq.) and subchapter III (Sec. 5331 et seq.) of chapter
53 of Title 5.
The provisions of title 28 which relate to Federal tort claims
liability, referred to in subsec. (f)(1), are the provisions of the
Federal Tort Claims Act, which is classified generally to section
1346(b) and to chapter 171 (Sec. 2671 et seq.) of Title 28, Judiciary
and Judicial Procedure.
Amendments
1998--Subsec. (d)(2). Pub. L. 105-277, which directed the amendment
of par. (2) by striking out ``, Director of the Arms Control and
Disarmament Agency'', was executed by striking out ``, the Director of
the Arms Control and Disarmament Agency'' after ``Secretary of
Defense'', to reflect the probable intent of Congress.
1990--Subsec. (b). Pub. L. 101-520 substituted ``4604(h)(3)'' for
``4604(g)(3)''.
1988--Subsec. (f)(2). Pub. L. 100-569 struck out first sentence
which read as follows: ``No Federal funds shall be used to pay for
private fringe benefit programs.''
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
1201 of Pub. L. 105-277, set out as an Effective Date note under section
6511 of this title.
