H. R. 4346—228 
(e) PARTNERSHIP.—In carrying out the program under this sec-
tion, the Director shall explore opportunities to partner with the 
Department of Education, including through jointly funding activi-
ties under this section. 
(f) DURATION.—Each award made under this section shall be 
for a duration of no more than 5 years. 
(g) ANNUAL MEETING.—The Director shall encourage and facili-
tate an annual meeting of the Centers, as appropriate, to foster 
collaboration among the Centers and to further disseminate the 
results of the Centers’ supported activities. 
(h) EXISTING PROGRAMS.—The Director may use existing NSF 
programs to establish and execute this section. 
(i) REPORT.—Not later than 5 years after the date of enactment 
of this Act, the Director shall submit to Congress and make widely 
available to the public a report that includes— 
(1) a description of the focus and proposed goals of each 
Center; 
(2) an assessment, based on a common set of benchmarks 
and tools, of the Centers’ success in helping to promote scalable 
solutions in PreK–12 STEM education; and 
(3) any recommendations for administrative and legislative 
action that could optimize the effectiveness of the Centers estab-
lished under this section. 
SEC. 10396. AUTHORITIES. 
In addition to existing authorities available to the Foundation, 
the Director may exercise the following authorities in carrying 
out the activities under this subtitle: 
(1) AWARDS.—In carrying out this subtitle, the Director 
may provide awards in the form of grants, contracts, cooperative 
agreements, cash prizes, and other transactions. 
(2) PROGRAM DIRECTORS.— 
(A) DESIGNATION.—The Director may designate individ-
uals to serve as program directors for the programs estab-
lished within the Directorate pursuant to the responsibil-
ities established under subparagraph (B). The Director 
shall ensure that program directors— 
(i) have expertise in one or more of the challenges 
and key technology focus areas under section 10387; 
and 
(ii) come from a variety of backgrounds, including 
industry, and from a variety of institutions of higher 
education. 
(B) RESPONSIBILITIES.—A program director of a pro-
gram of the Directorate, in consultation with the Assistant 
Director, shall be responsible for— 
(i) establishing research and development goals 
for the program, including through the convening of 
workshops, conferring with a broad range of stake-
holders and outside experts, taking into account rel-
evant expert reports, and publicizing the goals of the 
program to the public and private sectors; 
(ii) surveying a wide range of institutions of higher 
education, nonprofit organizations, and private entities 
to identify emerging trends in the challenges and key 
technology focus areas under section 10387, and, as 
appropriate, soliciting proposals from such entities to
H. R. 4346—229 
conduct research in areas of particular promise that 
the private sector is the not likely to undertake 
independently. 
(iii) facilitating research collaborations in the chal-
lenges and key technology focus areas under section 
10387, including connecting academic researchers with 
potential end-users of technology, including industry, 
labor organizations, nonprofit organizations, civil 
society organizations, and other relevant organizations; 
(iv) reviewing applications for projects submitted 
under section 10394 according to the Merit Review 
Criteria established by the Director for such projects 
and described in the Foundation’s Proposal and Award 
Policies and Procedures Guide, and any such additional 
criteria as determined by the Director; and 
(v) monitoring the progress of projects supported 
under the program and taking into account input from 
relevant experts and stakeholders, recommending pro-
gram updates as needed. 
(C) SELECTION CRITERIA.—Program directors may use 
diverse merit review models for selection of award recipi-
ents under section 10394, including internal review and 
different models that use peer review. 
(D) TERMS.—Program directors of the Directorate may 
be appointed by the Director for a limited term, renewable 
at the discretion of the Director. 
(3) EXPERTS IN SCIENCE AND ENGINEERING.— 
(A) PROGRAM AUTHORIZED.—The Foundation may carry 
out a program of personnel management authority provided 
under subparagraph (B) in order to facilitate recruitment 
of eminent experts in science or engineering for research 
and development projects and to enhance the administra-
tion and management of the Foundation. 
(B) PERSONNEL MANAGEMENT AUTHORITY.—Under the 
program under subparagraph (A), the Foundation may— 
(i) without regard to any provision of title 5, United 
States Code, governing the appointment of employees 
in the competitive service, appoint individuals to a 
total of not more than 70 positions in the Foundation, 
of which not more than 5 such positions may be posi-
tions of administration or management of the Founda-
tion; 
(ii) prescribe the rates of basic pay for positions 
to which employees are appointed under clause (i)— 
(I) in the case of employees appointed pursu-
ant to clause (i) 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 
(II) in the case of any other employee 
appointed pursuant to clause (i), at rates not in 
excess of the maximum rate of basic pay author-
ized for senior-level positions under section 5376 
of title 5, United States Code; and
H. R. 4346—230 
(iii) pay any employee appointed under subpara-
graph (A), other than an employee appointed to a posi-
tion designated as described in clause (ii)(I), payments 
in addition to basic pay within the limit applicable 
to the employee under subparagraph (D). 
(C) LIMITATION ON TERM OF APPOINTMENT.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the service of an employee under an appointment under 
subparagraph (B)(i) may not exceed 4 years. 
(ii) EXTENSION.—The Director may, in the case 
of a particular employee under the program under 
subparagraph (A), extend the period to which service 
is limited under clause (i) by up to 2 years if the 
Director determines that such action is necessary to 
promote the efficiency of the Foundation. 
(D) MAXIMUM AMOUNT OF ADDITIONAL PAYMENTS PAY-
ABLE.—Notwithstanding any other provision of this sub-
section or section 5307 of title 5, United States Code, 
no additional payments may be paid to an employee under 
subparagraph (B)(iii) 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. 
(4) HIGHLY QUALIFIED EXPERTS IN NEEDED OCCUPATIONS.— 
(A) IN
GENERAL.—The Foundation may carry out a 
program using the authority provided in subparagraph (B) 
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. 
(B) AUTHORITY.—Under the program, the Foundation 
may— 
(i) 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 posi-
tions in the Foundation without regard to any provision 
of title 5, United States Code, governing the appoint-
ment of employees in the competitive service; 
(ii) prescribe the rates of basic pay for positions 
to which employees are appointed under clause (i) 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 
(iii) pay any employee appointed under clause (i) 
payments in addition to basic pay within the limits 
applicable to the employee under subparagraph (D). 
(C) LIMITATION ON TERM OF APPOINTMENT.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
the service of an employee under an appointment made 
pursuant to this subsection may not exceed 5 years. 
(ii) EXTENSION.—The Foundation may, in the case 
of a particular employee, extend the period to which 
service is limited under clause (i) by up to 1 additional 
year if the Foundation determines that such action
H. R. 4346—231 
is necessary to promote the Foundation’s national secu-
rity missions. 
(D) LIMITATIONS ON ADDITIONAL PAYMENTS.— 
(i) TOTAL AMOUNT.—The total amount of the addi-
tional payments paid to an employee under this sub-
section for any 12-month period may not exceed the 
maximum amount of total compensation payable at 
the salary set in accordance with section 104 of title, 
United States Code. 
(ii) ELIGIBILITY
FOR
PAYMENTS.—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. 
(E) LIMITATION
ON
NUMBER
OF
HIGHLY
QUALIFIED 
EXPERTS.—The 
number 
of 
highly 
qualified 
experts 
appointed and retained by the Foundation under sub (B)(i) 
shall not exceed 70 at any time. 
(F) SAVINGS
PROVISIONS.—In the event that the 
Foundation terminates the program under this paragraph, 
in the case of an employee who, on the day before the 
termination of the program, is serving in a position pursu-
ant to an appointment under this paragraph— 
(i) the termination of the program does not termi-
nate the employee’s employment in that position before 
the expiration of the lesser of— 
(I) the period for which the employee was 
appointed; or 
(II) the period to which the employee’s service 
is limited under subparagraph (C), including any 
extension made under this paragraph before the 
termination of the program; and 
(ii) the rate of basic pay prescribed for the position 
under this paragraph may not be reduced as long 
as the employee continues to serve at an acceptable 
level of performance in the position without a break 
in service. 
(5) ADDITIONAL HIRING AUTHORITY.—To the extent needed 
to carry out the duties under paragraph (1)(A), 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 govern-
ments, 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. 
(6) NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.— 
(A) STUDY.—Not later than 30 days after the date 
of enactment of this Act, 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— 
(i) evaluate and make recommendations to effi-
ciently and effectively implement the Directorate for 
Technology, Innovation, and Partnerships; and