View all text of Part G [§ 19101 - § 19120]
§ 19116. AuthoritiesIn addition to existing authorities available to the Foundation, the Director may exercise the following authorities in carrying out the activities under this part:
(1) Awards
(2) Program directors
(A) Designation
(i) have expertise in one or more of the challenges and key technology focus areas under section 19107 of this title; and
(ii) come from a variety of backgrounds, including industry, and from a variety of institutions of higher education.
(B) ResponsibilitiesA program director of a program of the Directorate, in consultation with the Assistant Director, shall be responsible for—
(i) establishing research and development goals for the program, including through the convening of workshops, conferring with a broad range of stakeholders and outside experts, taking into account relevant expert reports, and publicizing the goals of the program to the public and private sectors;
(ii) surveying a wide range of institutions of higher education, nonprofit organizations, and private entities to identify emerging trends in the challenges and key technology focus areas under section 19107 of this title, and, as appropriate, soliciting proposals from such entities to conduct research in areas of particular promise that the private sector is the not likely to undertake independently.
(iii) facilitating research collaborations in the challenges and key technology focus areas under section 19107 of this title, including connecting academic researchers with potential end-users of technology, including industry, labor organizations, nonprofit organizations, civil society organizations, and other relevant organizations;
(iv) reviewing applications for projects submitted under section 19114 of this title according to the Merit Review Criteria established by the Director for such projects and described in the Foundation’s Proposal and Award Policies and Procedures Guide, and any such additional criteria as determined by the Director; and
(v) monitoring the progress of projects supported under the program and taking into account input from relevant experts and stakeholders, recommending program updates as needed.
(C) Selection criteria
(D) Terms
(3) Experts in science and engineering
(A) Program authorized
(B) Personnel management authorityUnder the program under subparagraph (A), the Foundation may—
(i) without regard to any provision of title 5 governing the appointment of employees in the competitive service, appoint individuals to a total of not more than 70 positions in the Foundation, of which not more than 5 such positions may be positions of administration or management of the Foundation;
(ii) prescribe the rates of basic pay for positions to which employees are appointed under clause (i)—(I) in the case of employees appointed pursuant to clause (i) to any of 5 positions designated by the Foundation for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5; and(II) in the case of any other employee appointed pursuant to clause (i), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and
(iii) pay any employee appointed under subparagraph (A), other than an employee appointed to a position designated as described in clause (ii)(I), payments in addition to basic pay within the limit applicable to the employee under subparagraph (D).
(C) Limitation on term of appointment
(i) In general
(ii) Extension
(D) Maximum amount of additional payments payable
(4) Highly qualified experts in needed occupations
(A) In general
(B) AuthorityUnder the program, the Foundation may—
(i) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5) to positions in the Foundation without regard to any provision of title 5 governing the appointment of employees in the competitive service;
(ii) prescribe the rates of basic pay for positions to which employees are appointed under clause (i) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and
(iii) pay any employee appointed under clause (i) payments in addition to basic pay within the limits applicable to the employee under subparagraph (D).
(C) Limitation on term of appointment
(i) In general
(ii) Extension
(D) Limitations on additional payments
(i) Total amount
(ii) Eligibility for payments
(E) Limitation on number of highly qualified experts
(F) Savings provisionsIn the event that the Foundation terminates the program under this paragraph, in the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under this paragraph—
(i) the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of—(I) the period for which the employee was appointed; or(II) the period to which the employee’s service is limited under subparagraph (C), including any extension made under this paragraph before the termination of the program; and
(ii) the rate of basic pay prescribed for the position under this paragraph may not be reduced as long as the employee continues to serve at an acceptable level of performance in the position without a break in service.
(5) Additional hiring authority
(6) National Academy of Public Administration
(A) StudyNot later than 30 days after August 9, 2022, the Director shall contract with the National Academy of Public Administration to conduct a study on the organizational and management structure of the Foundation, to—
(i) evaluate and make recommendations to efficiently and effectively implement the Directorate for Technology, Innovation, and Partnerships; and
(ii) evaluate and make recommendations to ensure coordination of the Directorate for Technology, Innovation, and Partnerships with other directorates and offices of the Foundation and other Federal agencies.
(B) Review
(Pub. L. 117–167, div. B, title III, § 10396, Aug. 9, 2022, 136 Stat. 1593.)