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

Summary

The Foundation can hire up to three employees (in addition to the Executive Secretary) to run this program. These hires do not have to go through some normal federal hiring rules, but their pay cannot be higher than the top GS‑15 level and they may get locality pay as allowed. The Foundation can also hire temporary experts and consultants at rates no higher than the pay for level IV of the Executive Schedule. It can make rules for how it operates, accept and use donations or volunteers (and pay travel per diem), enter contracts or grants with two‑thirds of the Board’s approval without bonds or certain procurement rules, rent office space in the Washington, D.C. area, spend up to 5 percent of its annual budget on career‑development programs for Goldwater Scholars, spend up to 5 percent on fundraising costs, and make other necessary expenditures. The Foundation must send a yearly report about its operations to the President and to Congress.

Title 20, §4710

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(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 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; and

(B)the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, 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, 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 dispose of such property for the purpose of carrying out its functions;

(5)accept and use the services of voluntary and noncompensated personnel and for travel expenses, including per diem, as authorized by section 5703 of title 5;

(6)enter into contracts or other arrangements, or make grants, to carry out the provisions of this chapter, and enter into such contracts or other arrangements, or make such grants, with the concurrence of two-thirds of the members of the Board, without performance or other bonds and without regard to section 6101 of title 41;

(7)rent office space in the Washington, District of Columbia, metropolitan area;

(8)expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers;

(9)expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and

(10)make other necessary expenditures.

(b)Annual report

The Foundation shall submit to the President and to Congress an annual report of its operations under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4709 of this title, referred to in subsec. (a)(1), was a reference to section 4709 in the original but probably should have been a reference to section 1410 of the Barry Goldwater Scholarship and Excellence in Education Act, Pub. L. 99–661, div. A, title XIV, which is classified to section 4709 of this title. Level IV of the Executive Schedule, referred to in subsec. (a)(2), is set out in section 5315 of Title 5, Government Organization and Employees. Codification In subsec. (a)(6), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2021—Subsec. (a)(1). Pub. L. 117–81, § 6307(1), added par. (1) and struck out former par. (1) which related to compensation of personnel. Subsec. (a)(2). Pub. L. 117–81, § 6307(2), substituted “level IV of the Executive Schedule” for “grade GS–18 under section 5332 of such title”. Subsec. (a)(8) to (10). Pub. L. 117–81, § 6307(3)–(5), added pars. (8) and (9) and redesignated former par. (8) as (10). 1993—Subsec. (a)(7). Pub. L. 103–160 substituted “the Washington, District of Columbia, metropolitan area” for “the District of Columbia”.

§4710 Administrative Provisions