Title 20 — Education
Chapter 59 — Barry Goldwater Scholarship and Excellence in Education Program
§ 4710. Administrative provisions
Statutory text
In general
In order to carry out this chapter, the Foundation may—
appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709 1 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 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
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;
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;
prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out;
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;
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;
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;
rent office space in the Washington, District of Columbia, metropolitan area;
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;
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
make other necessary expenditures.
Annual report
The Foundation shall submit to the President and to Congress an annual report of its operations under this chapter.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Barry Goldwater Scholarship and Excellence in Education Act
Pub. L. 99–661 div. A title XIV § 1411 · 100 Stat. 3816
Enacted · 20 U.S.C. § 4710
Pub. L. 99–661, div. A, title XIV, § 1411, Nov. 14, 1986, 100 Stat. 4011
Source evidence
Code source credit
Pub. L. 99–661, div. A, title XIV, § 1411, Nov. 14, 1986, 100 Stat. 4011Enacted provision · exact public law section
SEC. 1411. ADMINISTRATIVE PROVISIONS (a) In General.— In order to carry out this title, the Foundation may (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this title, except that in no case may an employee other than the Executive Secretary be compensated at a rate to exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS–18 under section 5332 of such title; (3) prescribe such regulations as it considers necessary Regulations. 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, United States Code; (6) Contracts.Grants. enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, 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 3709 of the Revised Statutes (41 U.S.C. 5); (7) District of Columbia. rent office space in the District of Columbia; and (8) 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 title.Pub. L. 103–160 div. A title XI § 1179(b) · 107 Stat. 1547
Substituted · 20 U.S.C. § 4710(a)(7)
Pub. L. 103–160 substituted “the Washington, District of Columbia, metropolitan area” for “the District of Columbia”
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 103–160 substituted “the Washington, District of Columbia, metropolitan area” for “the District of Columbia”.Enacted provision · exact public law section
(b) Lease Authority.— Section 1411(a)(7) of such Act (20 U.S.C. 4710(a)(7)) is amended by striking out “the District of Columbia” and inserting in lieu thereof “the Washington, District of Columbia, metropolitan area”.Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021
Pub. L. 117–81 § 6307(1) · 135 Stat. 1541
Added · 20 U.S.C. § 4710(a)(1)
Pub. L. 117–81, § 6307(1), added par. (1)
Struck · 20 U.S.C. § 4710(a)(1)
Pub. L. 117–81, § 6307(1), struck out former par. (1) which related to compensation of personnel
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 117–81, § 6307(1), added par. (1) and struck out former par. (1) which related to compensation of personnel.Enacted provision · exact public law section
(1) by striking paragraph (1) and inserting the following: “(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) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, 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, United States Code; and “(B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section;” ;Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021
Pub. L. 117–81 § 6307(2) · 135 Stat. 1541
Substituted · 20 U.S.C. § 4710(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) in paragraph (2), by striking “grade GS–18 under section 5332 of such title” and inserting “level IV of the Executive Schedule”;Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021
Pub. L. 117–81 § 6307(3) · 135 Stat. 1541
Added · 20 U.S.C. § 4710(a)(8)(10)
Pub. L. 117–81, § 6307(3)–(5), added pars. (8) and (9)
Redesignated · 20 U.S.C. § 4710(a)(8)(10)
Pub. L. 117–81, § 6307(3)–(5), redesignated former par. (8) as (10)
Source evidence
Code amendment note
Subsec. (a)(8) to (10). Pub. L. 117–81, § 6307(3)–(5), added pars. (8) and (9) and redesignated former par. (8) as (10).Enacted provision · exact public law section
(3) in paragraph (7), by striking “and” at the end;
7 of 7 references resolved to an enrolled provision
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), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1993–2021 · 2 rounds
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”.