Sec. 2204. Personnel management authorities for the Foundation
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/bill/117/hr/4521/eas/section-2204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Foundation may carry out a program of personnel management authority provided under paragraph
(2)in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Foundation. Under the program under paragraph (1), the Foundation may— without regard to any provision of title 5, United States Code, governing the appointment of employees in the civil service, appoint individuals to a total of not more than 140 positions in the Foundation, of which not more than 5 such positions may be positions of administration or management of the Foundation; notwithstanding any provision of title 5, United States Code, governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A)— in the case of employees appointed pursuant to subparagraph
(A)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, United States Code; and in the case of any other employee appointed pursuant to subparagraph (A), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code; and pay any employee appointed under subparagraph (A), other than an employee appointed to a position designated as described in subparagraph (B)(i), payments in addition to basic pay within the limit applicable to the employee under paragraph (4). Except as provided in subparagraph (B), the service of an employee under an appointment under paragraph (2)(A) may not exceed 4 years. The Director may, in the case of a particular employee under the program under paragraph (1), extend the period to which service is limited under subparagraph
(A)by up to 2 years if the Director determines that such action is necessary to promote the efficiency of the Foundation, as applicable. Notwithstanding any other provision of this subsection or section 5307 of title 5, United States Code, no additional payments may be paid to an employee under paragraph (2)(C) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code. The Foundation may carry out a program using the authority provided in paragraph
(2)in order to attract highly qualified experts in needed occupations, as determined by the Foundation. Individuals hired by the Director through such authority may include individuals with expertise in business creativity, innovation management, design thinking, entrepreneurship, venture capital, and related fields. Under the program, the Foundation may— appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to positions in the Foundation without regard to any provision of title 5, United States Code, governing the appointment of employees to positions in the Foundation; prescribe the rates of basic pay for positions to which employees are appointed under subparagraph
(A)at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, as increased by locality-based comparability payments under section 5304 of such title, notwithstanding any provision of such title governing the rates of pay or classification of employees in the executive branch; and pay any employee appointed under subparagraph
(A)payments in addition to basic pay within the limits applicable to the employee under paragraph (4). Except as provided in subparagraph (B), the service of an employee under an appointment made pursuant to this subsection may not exceed 5 years. The Foundation may, in the case of a particular employee, extend the period to which service is limited under subparagraph
(A)by up to 1 additional year if the Foundation determines that such action is necessary to promote the Foundation’s national security missions. The total amount of the additional payments paid to an employee under this subsection for any 12-month period may not exceed the lesser of the following amounts: $50,000 in fiscal year 2021, which may be adjusted annually thereafter by the Foundation, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year. The amount equal to 50 percent of the employee’s annual rate of basic pay. For purposes of this subparagraph, the term base quarter has the meaning given such term by section 5302(3) of title 5, United States Code. An employee appointed under this subsection is not eligible for any bonus, monetary award, or other monetary incentive for service, except for payments authorized under this subsection. Notwithstanding any other provision of this paragraph or of section 5307 of title 5, United States Code, no additional payments may be paid to an employee under this subsection in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code. The number of highly qualified experts appointed and retained by the Foundation under paragraph (2)(A) shall not exceed 140 at any time. In the event that the Foundation terminates the program under this subsection, 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 subsection— the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of— the period for which the employee was appointed; or the period to which the employee’s service is limited under paragraph (3), including any extension made under this subsection before the termination of the program; and the rate of basic pay prescribed for the position under this subsection may not be reduced as long as the employee continues to serve in the position without a break in service. To the extent needed to carry out the duties under subsection (a)(1), the Director is authorized to utilize hiring authorities under section 3372 of title 5, United States Code, to staff the Foundation with employees from other Federal agencies, State and local governments, Indian Tribes and Tribal organizations, institutions of higher education, and other organizations, as described in that section, in the same manner and subject to the same conditions, that apply to such individuals utilized to accomplish other missions of the Foundation. Not later than 30 days after the date of enactment of this division, 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— evaluate and make recommendations to efficiently and effectively implement the Directorate for Technology and Innovation; evaluate and make recommendations to ensure coordination of the Directorate for Technology and Innovation with other directorates and offices of the Foundation and other Federal agencies; and make recommendations for the management of the Foundation’s business and personnel practices, including implementation of the new hiring authorities and program director authorities provided in this section and section 2103. Upon completion of the study under paragraph (1), the Foundation shall review the recommendations from the National Academy of Public Administration and provide a briefing to Congress on the plans of the Foundation to implement any such recommendations.