42 U.S.C. § 19116 — Authorities

In addition to the Foundation's existing powers, the Director may use these authorities to carry out Directorate activities: (1) Awards: The Director may provide awards as grants, contracts, cooperative agreements, cash prizes, or other kinds of transactions. (2) Program directors: (A) Designation — The Director may designate individuals as program directors for Directorate programs. The Director must make sure program directors (i) have expertise in one or more of the challenges and key technology focus areas under section 19107, and (ii) come from varied backgrounds, including industry and different kinds of colleges. (B) Responsibilities — Working with the Assistant Director, a program director must: (i) set research and development goals for the program — through workshops, conferring with stakeholders and outside experts, considering relevant expert reports, and publicizing the goals; (ii) survey colleges, nonprofits, and private entities to spot emerging trends in the challenges and key technology focus areas, and, as appropriate, solicit proposals in promising areas the private sector likely won't pursue on its own; (iii) facilitate research collaborations, including connecting academic researchers with industry, labor, nonprofit, civil society, and other end-users; (iv) review applications for section 19114 projects using the Director's Merit Review Criteria and any additional criteria the Director sets; and (v) monitor project progress, factor in input from experts and stakeholders, and recommend program updates. (C) Selection criteria — Program directors may use diverse merit-review models — including internal review and peer review — to select award recipients under section 19114. (D) Terms — The Director may appoint program directors for a limited term, renewable at the Director's discretion. (3) Experts in science and engineering: (A) Program authorized — The Foundation may run a personnel program to recruit eminent science and engineering experts and to improve the Foundation's administration and management. (B) Personnel management authority — Under this program, the Foundation may: (i) appoint up to 70 people to Foundation positions without following Title 5's normal competitive-service hiring rules, with no more than 5 of those positions being management positions; (ii) set pay rates for these employees — for up to 5 specially designated positions, pay may go up to 150 percent of the top pay for Level I Executive Schedule positions; for any other employee hired this way, pay is capped at the maximum rate for senior-level federal positions; and (iii) pay these employees amounts in addition to base pay, within the limits described in (D). (C) Limitation on term of appointment — (i) In general — This kind of appointment normally can't exceed 4 years. (ii) Extension — The Director may extend a particular employee's term by up to 2 more years if needed to promote the Foundation's efficiency. (D) Maximum amount of additional payments payable — No extra payments may push an employee's total annual compensation in a calendar year above the maximum set under related federal executive-pay rules. (4) Highly qualified experts in needed occupations: (A) In general — The Foundation may run a program to attract highly qualified experts in occupations it needs, which may include business creativity, innovation management, design thinking, entrepreneurship, and venture capital. (B) Authority — Under this program, the Foundation may: (i) appoint personnel from outside the civil service and uniformed services, without following Title 5's normal competitive-service hiring rules; (ii) cap their pay at the maximum rate for senior-level federal positions; and (iii) pay them amounts in addition to base pay, within the limits in (D). (C) Limitation on term of appointment — (i) In general — This kind of appointment normally can't exceed 5 years. (ii) Extension — The Foundation may extend a particular employee's term by up to 1 more year if needed to promote the Foundation's national security missions. (D) Limitations on additional payments — (i) Total amount — Extra payments in any 12-month period can't push total compensation above the cap set under related federal pay rules. (ii) Eligibility for payments — An employee appointed this way isn't eligible for any other bonus, monetary award, or incentive besides what this program allows. (E) Limitation on number of highly qualified experts — No more than 70 such experts may be appointed and retained at any one time. (F) Savings provisions — If the Foundation ends this program, an employee already serving in a position under it keeps that job until the shorter of (I) their appointed term, or (II) their term limit under (C), including any extension made before the program ended; and their pay rate can't be reduced as long as they keep serving at an acceptable level without a break in service. (5) Additional hiring authority: To help carry out the duties under (1)(A), the Director may use hiring authorities under section 3372 of title 5 to bring in employees from other federal agencies, state and local governments, tribal governments and organizations, colleges, and other organizations — in the same manner and under the same conditions used to accomplish the Foundation's other missions. (6) National Academy of Public Administration: (A) Study — Within 30 days of August 9, 2022, the Director must contract with the National Academy of Public Administration to study the Foundation's organizational and management structure, to (i) recommend how to efficiently implement the Directorate for Technology, Innovation, and Partnerships, and (ii) recommend how to coordinate the Directorate with other Foundation directorates and offices and with other federal agencies. (B) Review — After the study is done, the Foundation must review its recommendations and brief Congress on plans to implement them.