42 U.S.C. § 1873 : US Code - Section 1873: Employment of personnel

Search 42 U.S.C. § 1873 : US Code - Section 1873: Employment of personnel

(a) Appointment; compensation; application of civil service
provisions; technical and professional personnel; members of
special commissions; temporary appointments; travel expenses
(1) The Director shall, in accordance with such policies as the
Board shall from time to time prescribe, appoint and fix the
compensation of such personnel as may be necessary to carry out the
provisions of this chapter. Except as provided in section 1863(h)
(!1) of this title, such appointments shall be made and such
compensation shall be fixed in accordance with the provisions of
title 5 governing appointments in the competitive service, and the
provisions of chapter 51 and subchapter III of chapter 53 of title
5 relating to classification and General Schedule pay rates:
Provided, That the Director may, in accordance with such policies
as the Board shall from time to time prescribe, employ such
technical and professional personnel and fix their compensation,
without regard to such provisions, as he may deem necessary for the
discharge of the responsibilities of the Foundation under this
chapter. The members of the special commissions shall be appointed
without regard to the provisions of title 5 governing appointments
in the competitive service.
(2) The Director may, under the authority provided by paragraph
(1) of this subsection and in accordance with such policies as the
Board chooses to prescribe, appoint for a limited term, or on a
temporary basis, scientists, engineers, and other technical and
professional personnel on leave of absence from academic,
industrial, or research institutions to work for the Foundation.
(3) The Foundation may pay, to the extent authorized for certain
other Federal employees by section 5723 of title 5, travel expenses
for any individual appointed for a limited term or on a temporary
basis and transportation expenses of his or her immediate family
and his or her household goods and personal effects from that
individual's residence at the time of selection or assignment to
his or her duty station. The Foundation may pay such travel
expenses and transportation expenses to the same extent for such an
individual's return to the former place of residence from his or
her duty station, upon separation from the Federal service
following an agreed period of service. The Foundation may also pay
a per diem allowance at a rate not to exceed the daily amounts
prescribed under section 5702 of title 5 to such an individual, in
lieu of transportation expenses of the immediate family and
household goods and personal effects, for the period of his or her
employment with the Foundation. Notwithstanding any other provision
of law, the employer's contribution to any retirement, life
insurance, or health benefit plan for an individual appointed for a
term of one year or less, which could be extended for no more than
one additional year, may be made or reimbursed from appropriations
available to the Foundation.
(b) Operation of laboratories and pilot plants
The Foundation shall not, itself, operate any laboratories or
pilot plants.
(c) Compensation of members of Board and special commissions
The members of the Board and the members of each special
commission shall be entitled to receive compensation for each day
engaged in the business of the Foundation at a rate fixed by the
Chairman but not exceeding the maximum rate payable under section
5376 of title 5 and shall be allowed travel expenses as authorized
by section 5703 of title 5. For the purposes of determining the
payment of compensation under this subsection, the time spent in
travel by any member of the Board or any member of a special
commission shall be deemed as time engaged in the business of the
Foundation. Members of the Board and members of special commissions
may waive compensation and reimbursement for traveling expenses.
(d) Federal officers as members of special commissions;
compensation
Persons holding other offices in the executive branch of the
Federal Government may serve as members of special commissions, but
they shall not receive remuneration for their services as such
members during any period for which they receive compensation for
their services in such other offices.
(e) Utilization of appropriations in making contracts
In making contracts or other arrangements for scientific or
engineering research, the Foundation shall utilize appropriations
available therefor in such manner as will in its discretion best
realize the objectives of (1) having the work performed by
organizations, agencies, and institutions, or individuals in the
United States or foreign countries, including Government agencies
of the United States and of foreign countries, qualified by
training and experience to achieve the results desired, (2)
strengthening the research staff of organizations, particularly
nonprofit organizations, in the United States, (3) adding
institutions, agencies, or organizations which, if aided, will
advance scientific or engineering research, and (4) encouraging
independent scientific or engineering research by individuals.
(f) Transfer of research and education funds of other Government
departments or agencies
Funds available to any department or agency of the Government for
scientific or engineering research or education, or the provision
of facilities therefor, shall be available for transfer, with the
approval of the head of the department or agency involved, in whole
or in part, to the Foundation for such use as is consistent with
the purposes for which such funds were provided, and funds so
transferred shall be expendable by the Foundation for the purposes
for which the transfer was made.
(g) "United States" defined
For purposes of this chapter, the term "United States" when used
in a geographical sense means the States, the District of Columbia,
the Commonwealth of Puerto Rico, and all territories and
possessions of the United States.
(h) Expiration of authorization
Notwithstanding any other provision of law, the authorization of
any appropriation to the Foundation shall expire (unless an earlier
expiration is specifically provided) at the close of the second
fiscal year following the fiscal year for which the authorization
was enacted, to the extent that such appropriation has not
theretofore actually been made.
(i) Public disclosure of information
(1)(A) Information supplied to the Foundation or a contractor of
the Foundation in survey forms, questionnaires, or similar
instruments for purposes of section 1862(a)(5) or (6) of this title
by an individual, an industrial or commercial organization, or an
educational, academic, or other nonprofit institution when the
institution has received a pledge of confidentiality from the
Foundation, shall not be disclosed to the public unless the
information has been transformed into statistical or abstract
formats that do not allow for the identification of the supplier.
(B) Information that has not been transformed into formats
described in subparagraph (A) may be used only for statistical or
research purposes.
(C) The identities of individuals, organizations, and
institutions supplying information described in subparagraph (A)
may not be disclosed to the public.
(2) In support of functions authorized by section 1862(a)(5) or
(6) of this title, the Foundation may designate, at its discretion,
authorized persons, including employees of Federal, State, or local
agencies or instrumentalities (including local educational
agencies) and employees of private organizations, to have access,
for statistical or research purposes only, to information collected
pursuant to section 1862(a)(5) or (6) of this title that allows for
the identification of the supplier. No such person may -
(A) publish information collected pursuant to section
1862(a)(5) or (6) of this title in such a manner that either an
individual, an industrial or commercial organization, or an
educational, academic, or other nonprofit institution that has
received a pledge of confidentiality from the Foundation can be
specifically identified;
(B) permit anyone other than individuals authorized by the
Foundation to examine data that allows for such identification
relating to an individual, an industrial or commercial
organization, or an academic, educational, or other nonprofit
institution that has received a pledge of confidentiality from
the Foundation; or
(C) knowingly and willfully request or obtain any
nondisclosable information described in paragraph (1) from the
Foundation under false pretenses.
(3) Violation of this subsection is punishable by a fine of not
more than $10,000, imprisonment for not more than 5 years, or both.