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20 U.S.C. § 4709 — Executive Secretary

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4709 — Executive Secretary

**(a) Appointment by Board** There shall be an Executive Secretary of the Foundation who shall be appointed by the Board. The Executive Secretary 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 Secretary shall carry out such other functions consistent with the provisions of this chapter as the Board shall prescribe. **(b) Compensation** The Executive Secretary of the Foundation shall serve as a noncareer appointee of the Senior Executive Service and shall be compensated at a rate determined by the Board in accordance with [section 5383 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5383&num=0&edition=prelim).

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Source location: Title 20, Chapter 59, § 4709; chapter-059-barry-goldwater-scholarship-and-excellence-in-education-program.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5383 — Setting individual senior executive pay

**(a)** Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority. **(b)** Members of the Senior Executive Service shall be subject to the limitation under section 5307. **(c)** Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period. **(d)** The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction. **(e)** (1) This subsection applies to— (A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and (B) any individual who— (i) holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and (ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service. (2) (A) The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed. (B) The initial rate of pay for a career appointee following the position’s conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4710 — Administrative provisions

**(a) In general** In order to carry out this chapter, the Foundation may— (1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709 11 See References in Text note below. of this title) to carry out the provisions of this chapter, without regard to the provisions in chapter 33 of title 5 governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— (A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim); and (B) the employee shall be entitled to the applicable locality-based comparability payment under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim), subject to the applicable limitation established under subsection (g) of such section; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim), but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule; (3) prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4709 — Executive Secretary

Page 1263 TITLE 20—EDUCATION § 4709 1 So in original. Two subsecs. (d) have been enacted. 2 See References in Text note below. (c) Investment in securities Notwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after Decem- ber 27, 2021, in securities other than or in addi- tion to public debt securities of the United States, if— (1) the Secretary receives a determination from the Board that such investments are nec- essary to enable the Foundation to carry out the purposes of this chapter; and (2) the securities in which such funds are in- vested are traded in established United States markets. (d) 1 Construction Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704 2 of this title, or to increase the amount of the stipend authorized by section 4705 2 of this title, as the Board considers appropriate and is otherwise consistent with the requirements of this chapter. (d) 1 Authority to sell obligations Any obligation acquired by the fund may be sold by the Secretary at the market price. (e) Proceeds from certain transactions credited to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund. (Pub. L. 99–661, div. A, title XIV, § 1408, Nov. 14, 1986, 100 Stat. 4010; Pub. L. 102–190, div. A, title X, § 1089(2), Dec. 5, 1991, 105 Stat. 1485; Pub. L. 102–484, div. A, title X, § 1054(h), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 117–81, div. F, title LXIII, § 6306, Dec. 27, 2021, 135 Stat. 2395.) Editorial Notes REFERENCES IN TEXT Sections 4704 and 4705 of this title, referred to in s

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