H. R. 4346—176 
by section 10621, to build sustainable innovation eco-
systems in EPSCoR jurisdictions. 
(D) MERIT
REVIEW.—The Director shall achieve the 
percentages specified in this paragraph to the maximum 
extent practicable, consistent with the National Science 
Foundation merit review process. 
(E) CONSORTIA.—In the case of an award to a consor-
tium, the Director may count the entire award toward 
meeting the funding requirements of subparagraph (A) if 
the lead entity of the consortium is located in an EPSCoR 
institution 
(F) ANNUAL
REPORTING.—Beginning with the fiscal 
year 2023, the Director shall submit to Congress a report 
describing— 
(i) the Foundation’s implementation of this para-
graph; 
(ii) 
progress 
in 
building 
research 
capacity, 
including 
both 
infrastructure 
and 
personnel, 
in 
EPSCoR jurisdictions, including at historically Black 
colleges and universities, Tribal Colleges or Univer-
sities, minority-serving institutions, and emerging 
research institutions; and 
(iii) if the Foundation does not meet the require-
ment described in subparagraph (A), an explanation 
relating thereto and a plan for compliance in the fol-
lowing fiscal year and remediation. 
(G) ANALYSIS AND SUSTAINABILITY REPORT.—Not later 
than December 31, 2026, the Director shall submit to Con-
gress a report containing an analysis of the impacts of 
the requirements under subparagraphs (A) and (B). The 
report shall include— 
(i) an analysis of how the requirements under this 
paragraph affected the balance of total funding 
awarded by the Foundation to states and territories 
across the United States; 
(ii) an analysis of any changes in award success 
and total funding awarded to Historically black colleges 
and universities, Tribal Colleges or Universities, 
minority-serving institutions, and emerging research 
institutions between the date of enactment and 
December 31, 2026; 
(iii) an analysis of the gains in academic research 
capacity, quality, and competitiveness and in science 
and technology human resource development in 
EPSCoR jurisdictions made between the enactment of 
this Act and December 31, 2026; 
(iv) an assessment of EPSCoR eligibility criteria 
and determination on whether new eligibility criteria 
should be developed based on the findings from clauses 
(i), (ii), and (iii); and 
(v) a plan to sustain and grow improvements in 
research capacity and competitiveness in EPSCoR 
jurisdictions. 
(H) EPSCOR ELIGIBILITY.— 
(i) IN GENERAL.—The Director shall ensure eligi-
bility for current EPSCoR jurisdictions for five years 
from the date of enactment of this Act, after which
H. R. 4346—177 
the Director shall determine whether new eligibility 
criteria should be developed based on the findings in 
the report required under subparagraph (G). 
(ii) REPORT.—Not later than December 31, 2028, 
the Director shall report to Congress regarding any 
new eligibility criteria determined under clause (i), 
any changes to jurisdictional eligibility based on such 
criteria, and the necessity and practicality of con-
tinuing or modifying the requirement under subpara-
graph (A) given any such changes to eligibility. The 
report shall include an analysis of options to support 
regions in non-EPSCoR jurisdictions, adjacent to 
EPSCoR jurisdictions, that historically receive dis-
proportionately low levels of funding from the Founda-
tion, including, if appropriate, options to expand the 
EPSCoR program or to establish new programs. 
(b) FOSTERING STEM RESEARCH DIVERSITY AND CAPACITY PRO-
GRAM.— 
(1) IN GENERAL.—The Director shall make awards on a 
competitive, merit-reviewed basis to eligible institutions to 
implement and study innovative approaches for building 
research capacity in order to engage and retain students from 
a range of institutions and diverse backgrounds in STEM. 
(2) ELIGIBLE INSTITUTION DEFINED.—In this subsection the 
term ‘‘eligible institution’’ means an institution of higher edu-
cation that, according to the data published by the National 
Center for Science and Engineering Statistics, is not, on aver-
age, among the top 100 institutions in Federal research and 
development expenditures during the 3-year period prior to 
the year of the award. 
(3) PURPOSE.—The activities under this subsection shall 
be focused on achieving simultaneous impacts at the student, 
faculty, and institutional levels by increasing the research 
capacity at eligible institutions and the number of under-
graduate and graduate students pursuing STEM degrees from 
eligible institutions. 
(4) REQUIREMENTS.—In carrying out this program, the 
Director shall— 
(A) require eligible institutions seeking funding under 
this subsection to submit an application to the Director 
at such time, in such manner, containing such information 
and assurances as the Director may require. The applica-
tion shall include, at a minimum a description of how 
the eligible institution plans to sustain the proposed activi-
ties beyond the duration of the award; 
(B) require applicants to identify disciplines and focus 
areas in which the eligible institution can excel, and explain 
how the applicant will use the award to build capacity 
to bolster the institutional research competitiveness of 
eligible entities to support awards made by the Foundation 
and increase regional and national capacity in STEM; 
(C) require the awards funded under this subsection 
to support research and related activities, which may 
include— 
(i) development or expansion of research programs 
in disciplines and focus areas in subparagraph (B);
H. R. 4346—178 
(ii) faculty recruitment and professional develop-
ment in disciplines and focus areas in subparagraph 
(B), including for early-career researchers; 
(iii) stipends for undergraduate and graduate stu-
dents participating in research in disciplines and focus 
areas in subparagraph (B); 
(iv) acquisition of instrumentation necessary to 
build research capacity at an eligible institution in 
disciplines and focus areas in subparagraph (B); 
(v) 
an 
assessment 
of 
capacity-building 
and 
research infrastructure needs; 
(vi) administrative research development support; 
and 
(vii) other activities necessary to build research 
capacity; and 
(D) require that no eligible institution should receive 
more than $10,000,000 in any single year of funds made 
available under this section. 
(5) ADDITIONAL CONSIDERATIONS.—In making awards under 
this subsection, the Director may also consider— 
(A) the extent to which the applicant will support 
students from diverse backgrounds, including first-genera-
tion undergraduate students; 
(B) the geographic and institutional diversity of the 
applying institutions; and 
(C) how the applicants can leverage public-private part-
nerships and existing partnerships with Federal Research 
Agencies. 
(6) DUPLICATION.—The Director shall ensure the awards 
made under this subsection are complementary and not duplica-
tive of existing programs. 
(7) REPORT.—The Director shall submit a report to Con-
gress after the third year of the program that includes— 
(A) an assessment of the effectiveness of the program 
for growing the geographic and institutional diversity of 
institutions of higher education receiving research awards 
from the Foundation; 
(B) an assessment of the quality, quantity, and 
geographic and institutional diversity of institutions of 
higher 
education 
conducting 
Foundation- 
sponsored 
research since the establishment of the program in this 
subsection; 
(C) an assessment of the quantity and diversity of 
undergraduate and graduate students graduating from 
eligible institutions with STEM degrees; and 
(D) statistical summary data on the program, including 
the geographic and institutional allocation of award 
funding, the number and diversity of supported graduate 
and undergraduate students, and how it contributes to 
capacity building at eligible entities. 
(8) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Director $150,000,000 for each 
of the fiscal years 2023 through 2027 to carry out the activities 
under this subsection. 
(c) PARTNERSHIPS WITH EMERGING RESEARCH INSTITUTIONS.— 
(1) IN GENERAL.—The Director shall establish a five-year 
pilot program for awards to research partnerships that involve
H. R. 4346—179 
emerging research institutions and may involve institutions 
classified as very high research activity by the Carnegie Classi-
fication of Institutions of Higher Education at the time of 
application. 
(2) REQUIREMENTS.—In carrying out this program, the 
Director shall— 
(A) require that each proposal submitted by a multi- 
institution collaboration for an award, including those 
under subtitle G of this title, that exceeds $1,000,000, 
as appropriate, specify how the applicants will support 
substantive, meaningful, sustainable, and mutually bene-
ficial partnerships with one or more emerging research 
institutions; 
(B) require recipients funded under this subsection 
to direct no less than 35 percent of the total award to 
one or more emerging research institutions; 
(C) require recipients funded under this subsection 
to report on the partnership activities as part of the annual 
reporting requirements of the Foundation; and 
(D) solicit feedback on the partnership directly from 
partner emerging research institutions, in such form as 
the Director deems appropriate. 
(3) CAPACITY
BUILDING.—Funds awarded to emerging 
research institutions under this subsection may be used to 
build research capacity, including through support for faculty 
salaries and training, field and laboratory research experiences 
for undergraduate and graduate students, and maintenance 
and repair of research equipment and instrumentation. 
(4) REPORT.—The Director shall submit a report to Con-
gress after the third year of the pilot program that includes— 
(A) an assessment, drawing on feedback from the 
research community and other sources of information, of 
the effectiveness of the pilot program for improving the 
quality of partnerships with emerging research institutions; 
and 
(B) if deemed effective, a plan for permanent 
implementation of the pilot program. 
SEC. 10326. DIVERSITY IN TECH RESEARCH. 
The Director shall make awards, on a competitive basis, to 
institutions of higher education or nonprofit organizations (or con-
sortia of such institutions or organizations) to support basic, applied, 
and use-inspired research that yields a scientific evidence base 
for improving the design and emergence, development and deploy-
ment, and management and ultimate effectiveness of entities 
involved in technology research, including research related to diver-
sity and inclusion in the technology sector. 
SEC. 10327. CHIEF DIVERSITY OFFICER OF THE NSF. 
(a) CHIEF DIVERSITY OFFICER.— 
(1) APPOINTMENT.—The Director shall appoint a senior 
agency official within the Office of the Director as a Chief 
Diversity Officer. 
(2) QUALIFICATIONS.—The Chief Diversity Officer shall 
have significant experience, within the Federal Government 
and the science community, with diversity- and inclusion- 
related matters, including— 
(A) civil rights compliance;