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(B) in paragraph (4), by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) design and testing of programming that in-
tegrates art and design in STEM education to pro-
mote creativity and innovation.’’. 
SEC. 10320. MANDATORY COST-SHARING. 
(a) WAIVER.—The cost-sharing requirements under 
section 7036(c) of the America Creating Opportunities to 
Meaningfully Promote Excellence in Technology, Edu-
cation, and Science Act (42 U.S.C. 1862o-14(c)) for the 
Major Research Instrumentation Program and under sec-
tion 10A(i) of the National Science Foundation Authoriza-
tion Act of 2002 (42 U.S.C. 1862n-1a(i)) for teaching fel-
lowships administered within the Robert Noyce Teacher 
Scholarship Program are waived for a period of 5 years 
following the date of enactment of this Act. 
(b) ASSESSMENT.—Not later than 5 years following 
the date of enactment of this Act, the Director shall submit 
to Congress an assessment, that includes feedback from the 
research community, of the impacts of the waivers provided 
under subsection (a), including— 
(1) programmatic and scientific goals; 
(2) institutional commitment and stewardship of 
Federal resources;
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(3) institutional strategic planning and admin-
istrative burden; 
(4) equity among recipient institutions; and 
(5) recommendations for or against extending or 
making permanent such waivers. 
SEC. 10321. PROGRAMS TO ADDRESS THE STEM WORK-
FORCE. 
(a) IN GENERAL.—The Director shall issue under-
graduate scholarships, including at community colleges, 
graduate fellowships and traineeships, postdoctoral awards, 
and, as appropriate, other awards, to address STEM work-
force gaps, including for programs that recruit, retain, and 
advance students to a bachelor’s degree in a STEM dis-
cipline concurrent with a secondary school diploma, such 
as through existing and new partnerships with State edu-
cational agencies. 
(b) POSTDOCTORAL PROFESSIONAL DEVELOPMENT.— 
In carrying out this section, the Director shall encourage 
innovation in postdoctoral professional development, sup-
port the development and diversity of the STEM workforce, 
and study the impacts of such innovation and support. To 
do so, the Director may use postdoctoral awards established 
under subsection (a) or leveraged under subsection (d)(1) 
for fellowships or other temporary rotational postings of not
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† HR 4346 EAS2 
more than 2 years. Such fellowships or temporary rota-
tional postings shall be awarded— 
(1) to qualified individuals who have a doctoral 
degree and received such degree not earlier than 5 
years before the date that the fellowship or temporary 
rotational posting begins; and 
(2) to carry out research at Federal, State, local, 
and Tribal government research facilities. 
(c) DIRECT HIRE AUTHORITY.— 
(1) IN
GENERAL.—The head of any Federal 
agency may appoint, without regard to the provisions 
of subchapter I of chapter 33 of title 5, United States 
Code, other than sections 3303 and 3328 of that title, 
a qualified candidate described in paragraph (2) di-
rectly to a position in the competitive service with the 
Federal agency for which the candidate meets Office 
of Personnel Management qualification standards. 
(2) FELLOWSHIP
OR
TEMPORARY
ROTATIONAL 
POSTING.—Paragraph (1) applies with respect to a 
former recipient of an award under this subsection 
who— 
(A) earned a doctoral degree in a STEM 
field from an institution of higher education; 
and
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(B) successfully fulfilled the requirements of 
the fellowship or temporary rotational posting 
within a Federal agency. 
(3) LIMITATION.—The direct hire authority 
under this subsection shall be exercised with respect to 
a specific qualified candidate not later than 2 years 
after the date that the candidate completed the re-
quirements related to the fellowship or temporary ro-
tational posting described under this subsection. 
(d) EXISTING PROGRAMS.—In carrying out this sec-
tion, the Director may leverage existing programs, includ-
ing programs that issue— 
(1) postdoctoral awards; 
(2) graduate fellowships and traineeships, inclu-
sive of the NSF Research Traineeships and fellow-
ships awarded under the Graduate Research Fellow-
ship Program; 
(3) scholarships, research experiences, and in-
ternships, including— 
(A) scholarships to attend community col-
leges; and 
(B) research experiences and internships 
under sections 513, 514, and 515 of the America 
COMPETES Reauthorization Act of 2010 (42
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† HR 4346 EAS2 
U.S.C. 1862p–5; 1862p–6; 42 U.S.C. 1862p–7); 
and 
(4) awards to institutions of higher education to 
enable the institutions to fund innovation in under-
graduate and graduate education, increased edu-
cational capacity, and the development and establish-
ment of new or specialized programs of study for 
graduate, undergraduate, or technical college students, 
and the evaluation of the effectiveness of the programs 
of study. 
Subtitle C—Broadening 
Participation 
SEC. 10321. PRESIDENTIAL AWARDS FOR EXCELLENCE IN 
MATHEMATICS AND SCIENCE. 
(a) IN GENERAL.—Section 117(a) of the National 
Science Foundation Authorization Act of 1988 (42 U.S.C. 
1881b(a)) is amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘108’’ and inserting ‘‘110’’; 
(B) by striking clause (iv); 
(C) in clause (v), by striking the period at 
the end and inserting ‘‘; and’’; 
(D) by redesignating clauses (i), (ii), (iii), 
and (v) as subclauses (I), (II), (III), and (IV), 
respectively, and moving the margins of such
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subclauses (as so redesignated) two ems to the 
right; and 
(E) by striking ‘‘In selecting teachers’’ and 
all that follows through ‘‘two teachers—’’ and in-
serting the following: 
‘‘(C) In selecting teachers for an award au-
thorized by this subsection, the President shall 
select— 
‘‘(i) at least two teachers—’’; and 
(2) in subparagraph (C), as so designated by 
paragraph (1)(E) of this subsection, by adding at the 
end the following: 
‘‘(ii) at least one teacher— 
‘‘(I) from the Commonwealth of 
the Northern Mariana Islands; 
‘‘(II) from American Samoa; 
‘‘(III) from the Virgin Islands of 
the United States; and 
‘‘(IV) from Guam.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to awards made on or 
after the date of the enactment of this Act.
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SEC. 10322. ROBERT NOYCE TEACHER SCHOLARSHIP PRO-
GRAM UPDATE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that over the next five years the Foundation should increase 
the number of scholarships awarded under the Robert Noyce 
Teacher Scholarship program established under section 10 
of the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 1862n–1) by 50 percent. 
(b) OUTREACH.—To increase the diversity of partici-
pants, the Director shall support symposia, forums, con-
ferences, and other activities to expand and enhance out-
reach to— 
(1) historically Black colleges and universities; 
(2) Tribal Colleges or Universities; 
(3) minority-serving institutions; 
(4) institutions of higher education that are lo-
cated near or serve rural communities, including 
EPSCoR institutions; 
(5) labor organizations; 
(6) emerging research institutions; and 
(7) higher education programs that serve or sup-
port veterans. 
SEC. 10323. NSF EDDIE BERNICE JOHNSON INCLUDES INI-
TIATIVE. 
(a) IN GENERAL.—The Director shall make awards, 
on a competitive basis, to institutions of higher education
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† HR 4346 EAS2 
or non-profit organizations (or consortia of such institu-
tions or organizations) to carry out a comprehensive na-
tional initiative to facilitate the development of networks 
and partnerships to build on and scale up effective practices 
in broadening participation in STEM studies and careers 
of groups historically underrepresented in such studies and 
careers. 
(b) CHANGE OF NAME.—The initiative under sub-
section (a) shall be known as the ‘‘Eddie Bernice Johnson 
Inclusion across the Nation of Communities of Learners of 
Underrepresented Discoverers in Engineering and Science 
Initiative’’ or the ‘‘Eddie Bernice Johnson INCLUDES Ini-
tiative’’. 
SEC. 10324. BROADENING PARTICIPATION ON MAJOR FA-
CILITIES AWARDS. 
The Director shall require organizations seeking a co-
operative agreement for the management of the operations 
and maintenance of a Foundation project to demonstrate 
prior experience and current capabilities in or to have a 
plan for employing best practices in broadening participa-
tion in science and engineering and ensure implementation 
of such practices is considered in oversight of the award. 
SEC. 10325. EXPANDING GEOGRAPHIC AND INSTITUTIONAL 
DIVERSITY IN RESEARCH. 
(a) CONTINUING SUPPORT FOR EPSCOR .—
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(1) SENSE
OF
CONGRESS.—It is the sense of 
Congress that— 
(A) because maintaining the Nation’s sci-
entific and economic leadership requires the par-
ticipation of talented individuals nationwide, 
EPSCoR investments into State research and 
education capacities are in the Federal interest 
and should be sustained; 
(B) EPSCoR should maintain its experi-
mental component by supporting innovative 
methods for improving research capacity and 
competitiveness; and 
(C) the Director should carry out this sub-
section while maintaining or increasing proposal 
success rates at emerging research institutions 
throughout the United States and without pre-
cluding access to awards for such institutions. 
(2) UPDATE OF EPSCOR.—Section 517(f)(2) of 
the America COMPETES Reauthorization Act of 
2010 (42 U.S.C. 1862p–9(f)(2)) is amended— 
(A) in subparagraph (A), by striking ‘‘and’’ 
at the end; and 
(B) by adding at the end the following: 
‘‘(C) to increase the capacity of rural com-
munities to provide quality STEM education
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† HR 4346 EAS2 
and STEM workforce development programming 
to students, and teachers; and’’. 
(3) GEOGRAPHIC DIVERSITY AND INCLUSION.— 
(A) IN GENERAL.—To the maximum extent 
practicable, not less than— 
(i) 15.5 percent in fiscal year 2023, 
(ii) 16 percent in fiscal year 2024, 
(iii) 16.5 percent in fiscal year 2025, 
(iv) 17 percent in fiscal year 2026, 
(v) 18 percent in fiscal year 2027, 
(vi) 19 percent in fiscal year 2028, 
and 
(vii) 20 percent in fiscal year 2029, 
of the amounts appropriated to the Foundation 
for research and related activities, and science, 
mathematics, and engineering education and 
human resources programs and activities, ex-
cluding those amounts made available for polar 
research and operations support (and operations 
and maintenance of research facilities), shall be 
awarded to EPSCoR institutions. 
(B) SCHOLARSHIPS.—To the maximum ex-
tent practicable, not less than— 
(i) 16 percent in fiscal year 2023, 
(ii) 18 percent in fiscal year 2024, and
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(iii) 20 percent in each of fiscal years 
2025 through 2029, 
of the amounts appropriated to the Foundation 
for scholarships (including at community col-
leges), graduate fellowships and traineeships, 
and postdoctoral awards shall be used to support 
EPSCoR institutions. 
(C) CONSIDERATIONS.—The Director shall 
consider prioritizing funding and activities that 
enable sustainable growth in the competitiveness 
of EPSCoR jurisdictions, including— 
(i) infrastructure investments to build 
research capacity in EPSCoR jurisdictions; 
(ii) 
scholarships, 
fellowships, 
and 
traineeships within new and existing pro-
grams, to promote the development of sus-
tainable research and academic personnel; 
(iii) partnerships between eligible orga-
nizations in EPSCoR and non-EPSCoR ju-
risdictions, to develop administrative, grant 
management, and proposal writing capa-
bilities in EPSCoR jurisdictions; 
(iv) capacity building activities for 
emerging research institutions, historically 
Black colleges and universities, Tribal Col-
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† HR 4346 EAS2 
leges or Universities, and minority serving 
institutions, consistent with this section and 
section 10524 of this division; and 
(v) leveraging the Partnerships for In-
novation program, as well as the Founda-
tion coordination role in the Department of 
Commerce technology and innovation hub 
program under section 28 of the Stevenson- 
Wydler Technology Innovation Act of 1980 
as added by section 10621, to build sustain-
able innovation ecosystems in EPSCoR ju-
risdictions. 
(D) MERIT
REVIEW.—The Director shall 
achieve the percentages specified in this para-
graph to the maximum extent practicable, con-
sistent with the National Science Foundation 
merit review process. 
(E) CONSORTIA.—In the case of an award 
to a consortium, the Director may count the en-
tire award toward meeting the funding require-
ments of subparagraph (A) if the lead entity of 
the consortium is located in an EPSCoR institu-
tion
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† HR 4346 EAS2 
(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 paragraph; 
(ii) progress in building research ca-
pacity, including both infrastructure and 
personnel, in EPSCoR jurisdictions, includ-
ing at historically Black colleges and uni-
versities, Tribal Colleges or Universities, 
minority-serving institutions, and emerging 
research institutions; and 
(iii) if the Foundation does not meet 
the requirement described in subparagraph 
(A), an explanation relating thereto and a 
plan for compliance in the following fiscal 
year and remediation. 
(G) ANALYSIS
AND
SUSTAINABILITY
RE-
PORT.—Not later than December 31, 2026, the 
Director shall submit to Congress a report con-
taining an analysis of the impacts of the re-
quirements under subparagraphs (A) and (B). 
The report shall include— 
(i) an analysis of how the requirements 
under this paragraph affected the balance of
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† HR 4346 EAS2 
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 aca-
demic research capacity, quality, and com-
petitiveness 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 eligi-
bility criteria and determination on wheth-
er new eligibility criteria should be devel-
oped based on the findings from clauses (i), 
(ii), and (iii); and 
(v) a plan to sustain and grow im-
provements in research capacity and com-
petitiveness in EPSCoR jurisdictions. 
(H) EPSCOR ELIGIBILITY.—
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† HR 4346 EAS2 
(i) IN GENERAL.—The Director shall 
ensure eligibility for current EPSCoR juris-
dictions for five years from the date of en-
actment of this Act, after which the Director 
shall determine whether new eligibility cri-
teria should be developed based on the find-
ings in the report required under subpara-
graph (G). 
(ii) REPORT.—Not later than Decem-
ber 31, 2028, the Director shall report to 
Congress regarding any new eligibility cri-
teria determined under clause (i), any 
changes to jurisdictional eligibility based on 
such criteria, and the necessity and practi-
cality of continuing or modifying the re-
quirement under subparagraph (A) given 
any such changes to eligibility. The report 
shall include an analysis of options to sup-
port regions in non-EPSCoR jurisdictions, 
adjacent to EPSCoR jurisdictions, that his-
torically receive disproportionately low lev-
els of funding from the Foundation, includ-
ing, if appropriate, options to expand the 
EPSCoR program or to establish new pro-
grams.
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† HR 4346 EAS2 
(b) FOSTERING STEM RESEARCH DIVERSITY AND CA-
PACITY PROGRAM.— 
(1) IN
GENERAL.—The Director shall make 
awards on a competitive, merit-reviewed basis to eli-
gible institutions to implement and study innovative 
approaches for building research capacity in order to 
engage and retain students from a range of institu-
tions and diverse backgrounds in STEM. 
(2) ELIGIBLE
INSTITUTION
DEFINED.—In this 
subsection the term ‘‘eligible institution’’ means an 
institution of higher education that, according to the 
data published by the National Center for Science 
and Engineering Statistics, is not, on average, among 
the top 100 institutions in Federal research and de-
velopment expenditures during the 3-year period 
prior to the year of the award. 
(3) PURPOSE.—The activities under this sub-
section shall be focused on achieving simultaneous im-
pacts at the student, faculty, and institutional levels 
by increasing the research capacity at eligible institu-
tions and the number of undergraduate and graduate 
students pursuing STEM degrees from eligible insti-
tutions. 
(4) REQUIREMENTS.—In carrying out this pro-
gram, the Director shall—
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† HR 4346 EAS2 
(A) require eligible institutions seeking 
funding under this subsection to submit an ap-
plication to the Director at such time, in such 
manner, containing such information and assur-
ances 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 activities beyond the duration of the 
award; 
(B) require applicants to identify dis-
ciplines and focus areas in which the eligible in-
stitution can excel, and explain how the appli-
cant will use the award to build capacity to bol-
ster 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 activi-
ties, which may include— 
(i) development or expansion of re-
search programs in disciplines and focus 
areas in subparagraph (B); 
(ii) faculty recruitment and profes-
sional development in disciplines and focus
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† HR 4346 EAS2 
areas in subparagraph (B), including for 
early-career researchers; 
(iii) stipends for undergraduate and 
graduate students participating in research 
in disciplines and focus areas in subpara-
graph (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 develop-
ment 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—
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† HR 4346 EAS2 
(A) the extent to which the applicant will 
support students from diverse backgrounds, in-
cluding first-generation undergraduate students; 
(B) the geographic and institutional diver-
sity of the applying institutions; and 
(C) how the applicants can leverage public- 
private partnerships and existing partnerships 
with Federal Research Agencies. 
(6) DUPLICATION.—The Director shall ensure the 
awards made under this subsection are complemen-
tary and not duplicative of existing programs. 
(7) REPORT.—The Director shall submit a re-
port to Congress after the third year of the program 
that includes— 
(A) an assessment of the effectiveness of the 
program for growing the geographic and institu-
tional diversity of institutions of higher edu-
cation receiving research awards from the Foun-
dation; 
(B) an assessment of the quality, quantity, 
and geographic and institutional diversity of in-
stitutions 
of 
higher 
education 
conducting 
Foundation- sponsored research since the estab-
lishment of the program in this subsection;
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† HR 4346 EAS2 
(C) an assessment of the quantity and di-
versity of undergraduate and graduate students 
graduating from eligible institutions with STEM 
degrees; and 
(D) statistical summary data on the pro-
gram, including the geographic and institutional 
allocation of award funding, the number and di-
versity of supported graduate and undergraduate 
students, and how it contributes to capacity 
building at eligible entities. 
(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized 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 IN-
STITUTIONS.— 
(1) IN GENERAL.—The Director shall establish a 
five-year pilot program for awards to research part-
nerships that involve emerging research institutions 
and may involve institutions classified as very high 
research activity by the Carnegie Classification of In-
stitutions of Higher Education at the time of applica-
tion. 
(2) REQUIREMENTS.—In carrying out this pro-
gram, the Director shall—
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† HR 4346 EAS2 
(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, mean-
ingful, sustainable, and mutually beneficial 
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 in-
stitutions; 
(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 di-
rectly from partner emerging research institu-
tions, in such form as the Director deems appro-
priate. 
(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 under-
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† HR 4346 EAS2 
graduate and graduate students, and maintenance 
and repair of research equipment and instrumenta-
tion. 
(4) REPORT.—The Director shall submit a re-
port to Congress after the third year of the pilot pro-
gram 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 partner-
ships with emerging research institutions; and 
(B) if deemed effective, a plan for perma-
nent 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 orga-
nizations (or consortia of such institutions or organiza-
tions) to support basic, applied, and use-inspired research 
that yields a scientific evidence base for improving the de-
sign and emergence, development and deployment, 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.—
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† HR 4346 EAS2 
(1) APPOINTMENT.—The Director shall appoint 
a senior agency official within the Office of the Direc-
tor as a Chief Diversity Officer. 
(2) QUALIFICATIONS.—The Chief Diversity Offi-
cer shall have significant experience, within the Fed-
eral Government and the science community, with 
diversity- and inclusion-related matters, including— 
(A) civil rights compliance; 
(B) harassment policy, reviews, and inves-
tigations; 
(C) equal employment opportunity; and 
(D) disability policy. 
(b) DUTIES.—The Chief Diversity Officer is respon-
sible for providing advice on policy, oversight, guidance, 
and coordination with respect to matters of the Foundation 
related to diversity and inclusion, including ensuring the 
geographic diversity of the Foundation programs. Other du-
ties may include— 
(1) establishing and maintaining a strategic 
plan that publicly states a diversity definition, vi-
sion, and goals for the Foundation; 
(2) defining a set of strategic metrics that are— 
(A) directly linked to key organizational 
priorities and goals; 
(B) actionable; and
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† HR 4346 EAS2 
(C) actively used to implement the strategic 
plan under paragraph (1); 
(3) advising in the establishment of a strategic 
plan for diverse participation by individuals and in-
stitutions of higher education, including community 
colleges, historically Black colleges and universities, 
Tribal Colleges or Universities, minority serving in-
stitutions, institutions of higher education with an es-
tablished STEM capacity building program focused 
on Native Hawaiians or Alaska Natives, and 
EPSCoR institutions); 
(4) advising in the establishment of a strategic 
plan for outreach to, and recruiting from, untapped 
locations and underrepresented populations; 
(5) advising on a diversity and inclusion strat-
egy for the Foundation’s portfolio of PreK–12 STEM 
education focused programs and activities, including 
goals for addressing barriers to participation; 
(6) advising on the application of the Founda-
tion’s broader impacts review criterion; and 
(7) performing such additional duties and exer-
cise such powers as the Director may prescribe. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$5,000,000 for each of fiscal years 2023 through 2027.
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† HR 4346 EAS2 
SEC. 10328. RESEARCH AND DISSEMINATION TO INCREASE 
THE PARTICIPATION OF WOMEN AND UNDER-
REPRESENTED MINORITIES IN STEM FIELDS. 
(a) IN GENERAL.—The Director shall make awards on 
a competitive, merit-reviewed basis, to institutions of higher 
education or non-profit organizations (or consortia of such 
institutions or organizations), to enable such entities to in-
crease the participation of women and underrepresented 
minorities in STEM studies and careers. 
(b) USE OF FUNDS.—An eligible entity that receives 
an award under this subsection shall use such award funds 
to carry out one or more of the following activities designed 
to increase the participation of women or minorities his-
torically underrepresented in STEM, or both: 
(1) Research to analyze the record-level data col-
lected under sections 10502 and 10504, consistent 
with policies to ensure the privacy of individuals 
identifiable by such data. 
(2) Research to study best practices for work-life 
accommodation. 
(3) Research to study the impact of policies and 
practices that are implemented or are otherwise con-
sistent with the purposes of this section. 
(4) Mentoring programs that facilitate engage-
ment of STEM professionals with students.
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† HR 4346 EAS2 
(5) Research experiences for undergraduate and 
graduate students in STEM fields. 
(6) Outreach to elementary school and secondary 
school students to provide opportunities to increase 
their exposure to STEM fields. 
(c) DISSEMINATION ACTIVITIES.—The Director shall 
carry out dissemination activities consistent with the pur-
poses of this section, including— 
(1) collaboration with other Federal research 
agencies and professional associations to exchange 
best practices, harmonize work-life accommodation 
policies and practices, and overcoming common bar-
riers to work-life accommodation; and 
(2) collaboration with institutions of higher edu-
cation in order to clarify and catalyze the adoption 
of a coherent and consistent set of work-life accommo-
dation policies and practices. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2023, 2024, 2025, 2026, 
and 2027. 
SEC. 10329. ACTIVITIES TO EXPAND STEM OPPORTUNITIES. 
(a) NATIONAL SCIENCE FOUNDATION SUPPORT FOR 
INCREASING DIVERSITY AMONG STEM FACULTY AT INSTI-
TUTIONS
OF HIGHER EDUCATION.—Section 305 of the
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† HR 4346 EAS2 
American Innovation and Competitiveness Act (42 U.S.C. 
1862s–5) is amended— 
(1) by redesignating subsections (e) and (f) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) SUPPORT FOR INCREASING DIVERSITY AMONG 
STEM
FACULTY
AT
INSTITUTIONS
OF
HIGHER
EDU-
CATION.— 
‘‘(1) IN GENERAL.—The Director of the Founda-
tion shall make awards to institutions of higher edu-
cation (or consortia thereof) for the development and 
assessment of innovative reform efforts designed to in-
crease the recruitment, retention, and advancement of 
individuals from underrepresented minority groups 
in academic STEM careers, which may include im-
plementing or expanding successful evidence-based 
practices. 
‘‘(2) MERIT
REVIEW; 
COMPETITION.—Awards 
shall be made under this subsection on a merit-re-
viewed, competitive basis. 
‘‘(3) USE OF FUNDS.—Activities supported by 
awards under this subsection may include— 
‘‘(A) institutional assessment activities, 
such as data analyses and policy review, in
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† HR 4346 EAS2 
order to identify and address specific issues in 
the recruitment, retention, and advancement of 
faculty members from underrepresented minority 
groups; 
‘‘(B) assessments of distribution of men-
toring and advising responsibilities among fac-
ulty, particularly for faculty from underrep-
resented minority groups, that may detract from 
time spent on research, publishing papers, and 
other activities required to achieve tenure status 
or promotion (or equivalents for non-tenure 
track faculty) and run a productive research 
program; 
‘‘(C) development and assessment of train-
ing courses for administrators and search com-
mittee members designed to ensure unbiased eval-
uation of candidates from underrepresented mi-
nority groups; 
‘‘(D) development and hosting of intra- or 
inter-institutional workshops to propagate best 
practices in recruiting, retaining, and advancing 
faculty members from underrepresented minority 
groups;
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‘‘(E) professional development opportunities 
for faculty members from underrepresented mi-
nority groups; 
‘‘(F) activities aimed at making under-
graduate STEM students from underrepresented 
minority groups aware of opportunities for aca-
demic careers in STEM fields; and 
‘‘(G) activities to identify and engage excep-
tional graduate students and postdoctoral re-
searchers from underrepresented minority groups 
at various stages of their studies and to encour-
age them to enter academic careers. 
‘‘(4) SELECTION PROCESS.— 
‘‘(A) APPLICATION.—An institution of high-
er education (or a consortium of such institu-
tions) seeking funding under this subsection shall 
submit an application to the Director of the 
Foundation at such time, in such manner, and 
containing such information and assurances as 
such Director may require. The application shall 
include, at a minimum, a description of— 
‘‘(i) the reform effort that is being pro-
posed for implementation by the institution 
of higher education;
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‘‘(ii) any available evidence of specific 
difficulties in the recruitment, retention, 
and advancement of faculty members from 
underrepresented minority groups in STEM 
academic careers within the institution of 
higher education submitting an application, 
and how the proposed reform effort would 
address such issues; 
‘‘(iii) support for the proposed reform 
effort by administrators of the institution, 
which may include details on previous or 
ongoing reform efforts; 
‘‘(iv) how the proposed reform effort 
may contribute to change in institutional 
culture and policy such that a greater value 
is placed on the recruitment, retention, and 
advancement of faculty members from 
underrepresented minority groups; 
‘‘(v) how the institution of higher edu-
cation submitting an application plans to 
sustain the proposed reform effort beyond 
the duration of the award, if the effort 
proved successful; and 
‘‘(vi) how the success and effectiveness 
of the proposed reform effort will be evalu-
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ated and assessed in order to contribute to 
the national knowledge base about models 
for catalyzing institutional change. 
‘‘(B) AWARD DISTRIBUTION.—The Director 
of the Foundation shall ensure, to the extent 
practicable, that awards under this section are 
made to a variety of types of institutions of 
higher education. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $8,000,000 for each of fiscal years 
2023 through 2027.’’. 
(b) NATIONAL SCIENCE FOUNDATION SUPPORT FOR 
BROADENING PARTICIPATION IN UNDERGRADUATE STEM 
EDUCATION.—Section 305 of the American Innovation and 
Competitiveness Act (42 U.S.C. 1862s–5), as amended by 
subsection (b), is further amended by inserting after sub-
section (e) the following: 
‘‘(f) SUPPORT FOR BROADENING PARTICIPATION IN 
UNDERGRADUATE STEM EDUCATION.— 
‘‘(1) IN GENERAL.—The Director of the Founda-
tion shall make awards to institutions of higher edu-
cation (or a consortium of such institutions) to imple-
ment or expand research-based reforms in under-
graduate STEM education for the purpose of recruit-
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ing and retaining students from minority groups who 
are underrepresented in STEM fields. 
‘‘(2) MERIT
REVIEW; 
COMPETITION.—Awards 
shall be made under this subsection on a merit-re-
viewed, competitive basis. 
‘‘(3) USE OF FUNDS.—Activities supported by 
awards under this subsection may include— 
‘‘(A) implementation or expansion of inno-
vative, research-based approaches to broaden 
participation 
of 
underrepresented 
minority 
groups in STEM fields; 
‘‘(B) implementation or expansion of suc-
cessful, research-based bridge, cohort, tutoring, or 
mentoring programs, including those involving 
community colleges and technical schools, de-
signed to enhance the recruitment and retention 
of students from underrepresented minority 
groups in STEM fields; 
‘‘(C) implementation or expansion of out-
reach programs linking institutions of higher 
education and PreK–12 school systems in order 
to heighten awareness among precollege students 
from underrepresented minority groups of oppor-
tunities in college-level STEM fields and STEM 
careers;
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‘‘(D) implementation or expansion of fac-
ulty development programs focused on improving 
retention of undergraduate STEM students from 
underrepresented minority groups; 
‘‘(E) implementation or expansion of mech-
anisms designed to recognize and reward faculty 
members who demonstrate a commitment to in-
creasing the participation of students from 
underrepresented minority groups in STEM 
fields; 
‘‘(F) expansion of successful reforms aimed 
at increasing the number of STEM students from 
underrepresented minority groups beyond a sin-
gle course or group of courses to achieve reform 
within an entire academic unit, or expansion of 
successful reform efforts beyond a single aca-
demic unit or field to other STEM academic 
units or fields within an institution of higher 
education; 
‘‘(G) expansion of opportunities for students 
from underrepresented minority groups to con-
duct STEM research in industry, at Federal 
labs, and at international research institutions 
or research sites;
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‘‘(H) provision of stipends for students from 
underrepresented minority groups participating 
in research; 
‘‘(I) development of research collaborations 
between research-intensive universities and pri-
marily undergraduate historically Black colleges 
and universities, Tribal Colleges or Universities, 
and minority serving institutions; 
‘‘(J) support for graduate students and 
postdoctoral fellows from underrepresented mi-
nority groups to participate in instructional or 
assessment activities at primarily undergraduate 
institutions, including primarily undergraduate 
historically Black colleges and universities, Trib-
al Colleges or Universities, and minority serving 
institutions and 2-year institutions of higher 
education; and 
‘‘(K) other activities consistent with para-
graph (1), as determined by the Director of the 
Foundation. 
‘‘(4) SELECTION PROCESS.— 
‘‘(A) APPLICATION.—An institution of high-
er education (or a consortium thereof) seeking an 
award under this subsection shall submit an ap-
plication to the Director of the Foundation at
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such time, in such manner, and containing such 
information and assurances as such Director 
may require. The application shall include, at a 
minimum— 
‘‘(i) a description of the proposed re-
form effort; 
‘‘(ii) a description of the research find-
ings that will serve as the basis for the pro-
posed reform effort or, in the case of appli-
cations that propose an expansion of a pre-
viously implemented reform, a description 
of the previously implemented reform effort, 
including data about the recruitment, reten-
tion, and academic achievement of students 
from underrepresented minority groups; 
‘‘(iii) evidence of an institutional com-
mitment to, and support for, the proposed 
reform effort, including a long-term com-
mitment to implement successful strategies 
from the current reform beyond the aca-
demic unit or units included in the award 
proposal; 
‘‘(iv) a description of how the proposed 
reform effort may contribute to, or in the 
case of applications that propose an expan-
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sion of a previously implemented reforms 
has contributed to, change in institutional 
culture and policy such that a greater value 
is placed on the recruitment, retention and 
academic achievement of students from 
underrepresented minority groups; 
‘‘(v) a description of existing or 
planned institutional policies and practices 
regarding faculty hiring, promotion, tenure, 
and teaching assignment that reward fac-
ulty contributions to improving the edu-
cation of students from underrepresented 
minority groups in STEM; and 
‘‘(vi) how the success and effectiveness 
of the proposed reform effort will be evalu-
ated and assessed in order to contribute to 
the national knowledge base about models 
for catalyzing institutional change, 
‘‘(B) AWARD DISTRIBUTION.—The Director 
of the Foundation shall ensure, to the extent 
practicable, that awards under this subsection 
are made to a variety of types of institutions of 
higher education, including historically Black 
colleges and universities, Tribal Colleges or Uni-
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versities, minority serving institutions, and 2- 
year institutions of higher education. 
‘‘(5) EDUCATION RESEARCH.— 
‘‘(A) IN GENERAL.—All awards made under 
this subsection shall include an education re-
search component that will support the design 
and implementation of a system for data collec-
tion and evaluation of proposed reform efforts in 
order to build the knowledge base on promising 
models for increasing recruitment and retention 
of students from underrepresented minority 
groups in STEM education at the undergraduate 
level across a diverse set of institutions. 
‘‘(B) DISSEMINATION.—The Director of the 
Foundation shall coordinate with the Committee 
on STEM Education of the National Science 
and Technology Council in disseminating the re-
sults of the research under this paragraph to en-
sure that best practices in broadening participa-
tion in STEM education at the undergraduate 
level are made readily available to all institu-
tions of higher education, other Federal agencies 
that support STEM programs, non-Federal 
funders of STEM education, and the general 
public.
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‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $15,000,000 for each of fiscal years 
2023 through 2027.’’. 
SEC. 10330. INTRAMURAL EMERGING RESEARCH INSTITU-
TIONS PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Director may conduct 
multiple pilot programs, including through existing pro-
grams or other programs authorized in this division or di-
vision A, within the Foundation to expand the number of 
institutions of higher education (including such institutions 
that are community colleges), and other eligible entities that 
the Director determines appropriate, that are able to suc-
cessfully compete for Foundation awards. 
(b) COMPONENTS.—Pilot programs under this section 
may include— 
(1) a mentorship program; 
(2) award application writing technical assist-
ance; 
(3) targeted outreach, including to a historically 
Black college or university, a Tribal college or univer-
sity, or a minority-serving institution (including a 
Hispanic-serving institution or an institution of 
higher education with an established STEM capacity
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building program focused on Native Hawaiians or 
Alaska Natives); 
(4) programmatic support or solutions for insti-
tutions or entities that do not have an experienced 
award management office; 
(5) an increase in the number of award proposal 
reviewers from institutions of higher education that 
have not traditionally received funds from the Foun-
dation; or 
(6) an increase of the term and funding, for a 
period of 3 years or less, as appropriate, for awards 
with a first-time principal investigator, when paired 
with regular mentoring on the administrative aspects 
of award management. 
(c) LIMITATION.—As appropriate, each pilot program 
under this section shall work to reduce administrative bur-
dens for recipients and award personnel. 
(d) AGENCY-WIDE PROGRAMS.—Not later than 5 years 
after the date of enactment of this Act, the Director shall— 
(1) review the results of the pilot programs under 
this section; and 
(2) develop agencywide best practices from the 
pilot programs for implementation across the Foun-
dation, in order to fulfill the requirement under sec-
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tion 3(e) of the National Science Foundation Act of 
1950 (42 U.S.C. 1862(e)). 
Subtitle D—NSF Research Security 
SEC. 10331. OFFICE OF RESEARCH SECURITY AND POLICY. 
The Director shall maintain a Research Security and 
Policy office within the Office of the Director with not fewer 
than four full-time equivalent positions, in addition to the 
Chief of Research Security established pursuant to section 
10332. The functions of the Research Security and Policy 
office shall be to coordinate all research security policy 
issues across the Foundation, including by— 
(1) consulting and coordinating with the Foun-
dation Office of Inspector General, with other Federal 
research agencies, and intelligence and law enforce-
ment agencies, and the National Science and Tech-
nology Council, as appropriate, in accordance with 
the authority provided under section 1746 of the Na-
tional Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 42 U.S.C. 6601 note), to iden-
tify and address potential security risks that threaten 
research integrity and other risks to the research en-
terprise and to develop research security policy and 
best practices, taking into account the policy guide-
lines to be issued by the Director of the Office of
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Science and Technology Policy under section 10631 of 
this division; 
(2) serving as a resource at the Foundation for 
all issues related to the security and integrity of the 
conduct of Foundation-supported research; 
(3) conducting outreach and education activities 
for recipients on research policies and potential secu-
rity risks and on policies and activities to protect in-
tellectual property and information about critical 
technologies relevant to national security, consistent 
with the controls relevant to the grant or award; 
(4) educating Foundation program managers 
and other directorate staff on evaluating Foundation 
awards and recipients for potential security risks; 
(5) communicating reporting and disclosure re-
quirements to recipients and applicants for funding; 
(6) performing risk assessments, in consultation, 
as appropriate, with other Federal agencies, of Foun-
dation proposals and awards using analytical tools to 
assess nondisclosures of required information; 
(7) establishing policies and procedures for iden-
tifying, communicating, and addressing security risks 
that threaten the integrity of Foundation-supported 
research and development, working in consultation, as 
appropriate, with other Federal agencies, to ensure
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compliance with National Security Presidential 
Memorandum–33 (relating to strengthening protec-
tions of United States Government-supported research 
and development against foreign government inter-
ference and exploitation) or a successor policy docu-
ment; and 
(8) in accordance with relevant policies of the 
agency, conducting or facilitating due diligence with 
regard to applications for research and development 
awards from the Foundation prior to making such 
awards. 
SEC. 10332. CHIEF OF RESEARCH SECURITY. 
The Director shall appoint a senior agency official 
within the Office of the Director as a Chief of Research Se-
curity, whose primary responsibility shall be to manage the 
office established under section 10331. 
SEC. 10333. REPORTING TO CONGRESS. 
(a) REPORT ON RESOURCE NEEDS.—Not later than 
180 days after the date of the enactment of this Act, the 
Director shall provide a report to the Committee on Science, 
Space, and Technology of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of 
the Senate, the Committee on Appropriations of the House 
of Representatives, and the Committee on Appropriations 
of the Senate on the resources and the number of full time
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employees needed to carry out the functions of the office es-
tablished in section 10331. 
(b) ANNUAL REPORT ON OFFICE ACTIVITIES.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act and annually 
thereafter, the Director shall submit to Congress a re-
port on the activities carried out by the Office of Re-
search Security, detailing— 
(A) a description of the activities conducted 
by the Office, including administrative actions 
taken; 
(B) such recommendations as the Director 
may have for legislative or administrative action 
relating to improving research security; 
(C) identification and discussion of the gaps 
in legal authorities that need to be improved to 
enhance the security of institutions of higher 
education performing research supported by the 
Foundation; and 
(D) information on Foundation Inspector 
General cases, as appropriate, relating to undue 
influence and security threats to research and de-
velopment activities funded by the Foundation, 
including theft of property or intellectual prop-
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erty relating to a project funded by the Founda-
tion at an institution of higher education. 
(2) FORM.—The report submitted under para-
graph (1) shall be submitted in both unclassified and 
classified formats, as appropriate. 
SEC. 10334. ONLINE RESOURCE. 
The Director shall develop an online resource hosted 
on the Foundation’s website containing up-to-date informa-
tion, tailored for institutions and individual researchers, 
including— 
(1) an explanation of Foundation research secu-
rity policies; 
(2) unclassified guidance on potential security 
risks that threaten research integrity and other risks 
to the research enterprise; 
(3) examples of beneficial international collabo-
rations and how such collaborations differ from for-
eign government interference efforts that threaten re-
search integrity; 
(4) best practices for mitigating security risks 
that threaten research integrity; and 
(5) additional reference materials, including 
tools that assist organizations seeking Foundation 
funding and awardees in information disclosure to 
the Foundation.
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SEC. 10335. RESEARCH AWARDS. 
The Director shall continue to make awards, on a com-
petitive basis, to institutions of higher education or non- 
profit organizations (or consortia of such institutions or or-
ganizations) to support research on the conduct of research 
and the research environment, including research on re-
search misconduct or breaches of research integrity and det-
rimental research practices. 
SEC. 10336. AUTHORITIES. 
In addition to existing authorities for preventing 
waste, fraud, abuse, and mismanagement of Federal funds, 
the Director, acting through the Office of Research Security 
and Policy and in coordination with the Foundation’s Of-
fice of Inspector General, shall have the authority to conduct 
risk assessments, including through the use of open-source 
analysis and analytical tools, of research and development 
award applications and disclosures to the Foundation. 
SEC. 10337. RESPONSIBLE CONDUCT IN RESEARCH TRAIN-
ING. 
Section 7009 of the America Creating Opportunities 
to Meaningfully Promote Excellence in Technology, Edu-
cation, and Science Act (42 U.S.C. 1862o–1) is amended 
by— 
(1) striking ‘‘and postdoctoral researchers’’ and 
inserting ‘‘postdoctoral researchers, faculty, and other 
senior personnel’’; and
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(2) by striking the period and inserting the fol-
lowing: ‘‘, including— 
‘‘(1) mentor training and mentorship; 
‘‘(2) training to raise awareness of potential re-
search security threats; and 
‘‘(3) Federal export control, disclosure, and re-
porting requirements.’’. 
SEC. 10338. RESEARCH SECURITY AND INTEGRITY INFOR-
MATION SHARING ANALYSIS ORGANIZATION. 
(a) ESTABLISHMENT.—The Director shall enter into 
an agreement with a qualified independent organization to 
establish a research security and integrity information 
sharing analysis organization (referred to in this section 
as the ‘‘RSI-ISAO’’), which shall include members described 
in subsection (d) and carry out the duties described in sub-
section (b). 
(b) DUTIES.—The RSI-ISAO shall— 
(1) serve as a clearinghouse for information to 
help enable the members and other entities in the re-
search community to understand the context of their 
research and identify improper or illegal efforts by 
foreign entities to obtain research results, know how, 
materials, and intellectual property; 
(2) develop a set of standard risk assessment 
frameworks and best practices, relevant to the re-
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search community, to assess research security risks in 
different contexts; 
(3) share information concerning security threats 
and lessons learned from protection and response ef-
forts through forums and other forms of communica-
tion; 
(4) provide timely reports on research security 
risks to provide situational awareness tailored to the 
research and STEM education community; 
(5) provide training and support, including 
through webinars, for relevant faculty and staff em-
ployed by institutions of higher education on topics 
relevant to research security risks and response; 
(6) enable standardized information gathering 
and data compilation, storage, and analysis for com-
piled incident reports; 
(7) support analysis of patterns of risk and iden-
tification of bad actors and enhance the ability of 
members to prevent and respond to research security 
risks; and 
(8) take other appropriate steps to enhance re-
search security. 
(c) FUNDING.—The Foundation may provide initial 
funds toward the RSI-ISAO but shall seek to have the fees
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authorized in subsection (d)(2) cover the costs of operations 
at the earliest practicable time. 
(d) MEMBERSHIP.— 
(1) IN
GENERAL.—The RSI-ISAO shall serve 
and include members representing institutions of 
higher education, nonprofit research institutions, and 
small and medium-sized businesses. 
(2) FEES.—As soon as practicable, members of 
the RSI-ISAO shall be charged an annual rate to en-
able the RSI-ISAO to cover its costs. Rates shall be 
set on a sliding scale based on research and develop-
ment expenditures to ensure that membership is acces-
sible to a diverse community of stakeholders and en-
sure broad participation. The RSI-ISAO shall develop 
a plan to sustain the RSI-ISAO without Federal 
funding, as practicable. 
(e) BOARD OF DIRECTORS.—The RSI-ISAO may es-
tablish a board of directors to provide guidance for policies, 
legal issues, and plans and strategies of the entity’s oper-
ations. The board shall include a diverse group of stake-
holders representing the research community, including 
academia, industry, and experienced research security ad-
ministrators. 
(f) STAKEHOLDER ENGAGEMENT.—In establishing the 
RSI-ISAO under this section, the Director shall take nec-
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essary steps to ensure the services provided are aligned with 
the needs of the research community, including by— 
(1) convening a series of workshops or other 
multi-stakeholder events; or 
(2) publishing a description of the services the 
RSI-ISAO intends to provide and the requirements 
for membership in the Federal Register and provide 
an opportunity for submission of public comments for 
a period of not less than 60 days. 
SEC. 10339. PLAN WITH RESPECT TO CONTROLLED INFOR-
MATION AND BACKGROUND SCREENING. 
(a) IN GENERAL.—Not later than 180 days after the 
enactment of this Act, the Director, in consultation with 
the Director of National Intelligence and, as appropriate, 
other Federal agencies, shall develop a plan to— 
(1) identify research areas supported by the 
Foundation, including in the key technology focus 
areas, that may involve access to controlled unclassi-
fied or classified information, including in the key 
technology focus areas; and 
(2) exercise due diligence in granting access, as 
appropriate, to the CUI or classified information 
identified under paragraph (1) to individuals work-
ing on such research who are employees of the Foun-
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dation or covered individuals on research and devel-
opment awards funded by the Foundation. 
(b) DEFINITIONS.—In this section: 
(1) CLASSIFIED INFORMATION.—The term ‘‘clas-
sified information’’ means any information that has 
been determined pursuant to Executive Order 13526, 
any predecessor or successor order, or sections 1-274, 
275-321, and 1001-3115 of the Atomic Energy Act of 
1954 (42 U.S.C. 2011-2021, 2022-2286i, 2296a- 
2297h-13) to require protection against unauthorized 
disclosure and that is so designated. 
(2) CONTROLLED UNCLASSIFIED INFORMATION.— 
The term ‘‘controlled unclassified information’’ or 
‘‘CUI’’ means information described as ‘‘Controlled 
Unclassified Information’’ under Executive Order 
13556 or any successor order, to require protection 
against unauthorized disclosure and that is so des-
ignated. 
SEC. 10339A. FOUNDATION FUNDING TO INSTITUTIONS 
HOSTING OR SUPPORTING CONFUCIUS INSTI-
TUTES. 
(a) CONFUCIUS INSTITUTE DEFINED.—In this section 
the term ‘‘Confucius Institute’’ means a cultural institute 
established as a partnership between a United States insti-
tution of higher education and a Chinese institution of
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higher education to promote and teach Chinese language 
and culture that is funded, directly or indirectly, by the 
Government of the People’s Republic of China. 
(b) RESTRICTIONS OF CONFUCIUS INSTITUTES.—Ex-
cept as provided in subsection (d), none of the funds made 
available to the Foundation under this division or division 
A, or an amendment made by this division or division A, 
may be obligated or expended to an institution of higher 
education that maintains a contract or agreement between 
the institution and a Confucius Institute, unless the Direc-
tor, after consultation with the National Academies, deter-
mines such a waiver is appropriate in accordance with sub-
section (c). 
(c) WAIVER.—The Director, after consultation with the 
National Academies, may issue a waiver for an institution 
of higher education that maintains a contract or agreement 
between the institution and a Confucius Institute if such 
contract or agreement includes clear provisions that— 
(1) protect academic freedom at the institution; 
(2) prohibit the application of any foreign law 
on any campus of the institution; 
(3) grant full managerial authority of the Confu-
cius Institute to the institution, including full control 
over what is being taught, the activities carried out,
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the research awards that are made, and who is em-
ployed at the Confucius Institute; and 
(4) prohibit co-location with the institution’s 
Chinese language, history, and cultural programs and 
require separate promotional materials. 
(d) SPECIAL RULE.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of this section, this section shall not apply 
to an institution of higher education if that institu-
tion has fulfilled the requirements for a waiver from 
the Department of Defense as described under section 
1062 of the National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283). 
(2) EXCEPTION.—Notwithstanding any other 
provision of this section, the prohibition under sub-
section (b) shall not apply to amounts provided to 
students as educational assistance. 
(e) EFFECTIVE DATE.—The limitation under sub-
section (b) shall apply with respect to the first fiscal year 
that begins after the date that is two years after the date 
of the enactment of this Act and to any subsequent fiscal 
year subject to subsection (f). 
(f) SUNSET.—This section shall cease to be effective on 
the date that is five years after the date of the enactment 
of this Act.
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SEC. 10339B. FOREIGN FINANCIAL SUPPORT. 
(a) IN GENERAL.—The Director shall request, on an 
annual basis, from a recipient institution of higher edu-
cation a disclosure, in the form of a summary document, 
from the institution, a foundation of the institution, and 
related entities such as any educational, cultural, or lan-
guage entity, of the current financial support, the value of 
which is $50,000 or more, including gifts and contracts, 
received directly or indirectly from a foreign source (as such 
term is defined in section 117 of the Higher Education Act 
of 1965 (20 U.S.C. 1011f(h)(2))) associated with a foreign 
country of concern. 
(b) RECORDS.—Each disclosure to the Director under 
this section shall be made on the condition that the institu-
tion will maintain a true copy of the relevant records sub-
ject to the disclosure requirement until the latest of— 
(1) the date that is four years after the date of 
the agreement; 
(2) the date on which the agreement terminates; 
or 
(3) the last day of any period that applicable 
State public record law requires a true copy of such 
agreement to be maintained. 
(c) DOCUMENTATION.—Upon review of the disclosures 
under this section, the Director may request that a recipient 
institution provide true copies of any contracts, agreements,
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or documentation of financial transactions associated with 
disclosures made under this section. 
(d) OFFICE OF THE INSPECTOR GENERAL.—The Di-
rector, acting through the Office of Research Security and 
Policy in coordination with the Foundation’s Office of In-
spector General and in consultation with the recipient in-
stitution, may reduce the award funding amount or sus-
pend or terminate the award if the Director determines— 
(1) such institution fails to comply with the 
records retention requirement in subsection (b) or 
fails to provide information requested under this sec-
tion; or 
(2) the Chief of Research Security determines the 
disclosures under this section indicate a threat to re-
search security. 
SEC. 10339C. AUTHORIZATION OF APPROPRIATIONS. 
From any amounts appropriated for the Foundation 
for each of fiscal years 2023 through 2027, the Director shall 
allocate $6,000,000 to carry out the activities under this 
subtitle. 
Subtitle E—Fundamental Research 
SEC. 10341. BROADER IMPACTS. 
(a) ASSESSMENT.—Not later than 120 days after the 
date of enactment of this Act, the Director shall enter into 
an agreement with a qualified independent organization to
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assess how the Broader Impacts review criterion is applied 
across the Foundation and make recommendations for im-
proving the effectiveness for meeting the goals established 
in section 526 of the America Creating Opportunities to 
Meaningfully Promote Excellence in Technology, Edu-
cation, and Science Reauthorization Act of 2010 (42 U.S.C. 
1862p–14). 
(b) ACTIVITIES.—The Director shall make awards on 
a competitive basis, to institutions of higher education or 
non-profit organizations (or consortia of such institutions 
or organizations) to support activities to increase the effi-
ciency, effectiveness, and availability of resources for imple-
menting the Broader Impacts review criterion, including— 
(1) training and workshops for program officers, 
merit review panelists, award office administrators, 
faculty, and students to improve understanding of the 
goals and the full range of potential broader impacts 
available to researchers to satisfy this criterion; 
(2) repositories and clearinghouses for sharing 
best practices and facilitating collaboration; and 
(3) tools for evaluating and documenting societal 
impacts of research.
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SEC. 10342. SENSE OF CONGRESS. 
It is the sense of Congress that the Director should con-
tinue to identify opportunities to reduce the administrative 
burden on researchers. 
SEC. 10343. RESEARCH ETHICS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) a number of emerging areas of research have 
potential ethical, social, safety, and security implica-
tions that might be apparent as early as the basic re-
search stage; 
(2) the incorporation of ethical, social, safety, 
and security considerations into the research design 
and review process for Federal awards, may help 
mitigate potential harms before they happen; 
(3) the Foundation’s agreement with the Na-
tional Academies to conduct a study and make rec-
ommendations with respect to governance of research 
in emerging technologies is a positive step toward ac-
complishing this goal; and 
(4) the Foundation should continue to work with 
stakeholders to promote best practices for governance 
of research in emerging technologies at every stage of 
research. 
(b) INCORPORATION OF ETHICS CONSIDERATIONS.— 
Drawing on stakeholder input, not later than 24 months
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after the date of enactment of this Act, the Director shall 
revise proposal instructions to require that ethical and soci-
etal considerations are to be included as part of a proposal 
for funding prior to making the award, where such consid-
erations are applicable. Such considerations shall be evalu-
ated by the Director in the review of proposals, taking into 
account any relevant input from the peer-reviewers for the 
proposal, and shall factor into award decisions, as deemed 
necessary by the Director. When incorporating such consid-
erations, proposers may include, as appropriate— 
(1)(A) any readily foreseeable or quantifiable 
risks to society, including how the research could en-
able products, technologies, or other outcomes that 
could intentionally or unintentionally cause signifi-
cant societal harm; or 
(B) an assertion that no readily foreseeable po-
tential ethical, social, safety, or security implications 
are apparent; 
(2) how technical or social solutions can mitigate 
such risks and, as appropriate, a plan to implement 
such mitigation measures; and 
(3) how partnerships and collaborations in the 
research can help mitigate potential harm and am-
plify potential societal benefits.
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(c) GUIDANCE.—The Director shall solicit stakeholder 
input to develop clear guidance on what constitutes a read-
ily foreseeable or quantifiable risk as described in subsection 
(b)(1), and to the extent practicable harmonize this policy 
with existing ethical policies or related requirements for 
human subjects. 
(d) RESEARCH.—The Director shall make awards, on 
a competitive basis, to institutions of higher education or 
non-profit organizations (or consortia of such institutions 
or organizations) to support— 
(1) research to assess the potential ethical and 
societal implications of Foundation- supported re-
search and products or technologies enabled by such 
research, including the benefits and risks identified 
pursuant to subsection (b)(1); and 
(2) the development and verification of ap-
proaches to proactively mitigate foreseeable risks to 
society, including the technical and social solutions 
identified pursuant to subsection (b)(1). 
(e) ANNUAL REPORT.—The Director shall encourage 
recipients to update their consideration of potential risks 
and benefits as appropriate as part of the annual reports 
required by all awardees under the award terms and condi-
tions.
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SEC. 
10344. 
RESEARCH 
REPRODUCIBILITY 
AND 
REPLICABILITY. 
(a) IN GENERAL.—Consistent with existing Federal 
law for privacy, intellectual property, and security, the Di-
rector shall facilitate public access to research products, in-
cluding data, software, and code, developed as part of Foun-
dation-supported projects. 
(b) DATA MANAGEMENT PLANS.— 
(1) IN
GENERAL.—The Director shall require 
that every proposal for funding for research include 
a machine-readable data management plan that in-
cludes a description of how the awardee will archive 
and preserve public access to data, software, and code 
developed as part of the proposed project. 
(2) REQUIREMENTS.—In carrying out the re-
quirement in paragraph (1), the Director shall— 
(A) provide necessary resources, including 
trainings and workshops, to educate researchers 
and students on how to develop and review high 
quality data management plans; 
(B) ensure program officers and merit re-
view panels are equipped with the resources and 
training necessary to review the quality of data 
management plans; and 
(C) ensure program officers and merit re-
view panels treat data management plans as es-
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sential elements of award proposals, where ap-
propriate. 
(c) OPEN REPOSITORIES.—The Director shall— 
(1) consult with the heads of other Federal re-
search agencies, as appropriate, and solicit input 
from the scientific community, to develop and widely 
disseminate a set of criteria for trusted open reposi-
tories to be used by Foundation-funded researchers, 
accounting for discipline-specific needs and necessary 
protections for sensitive information; 
(2) work with stakeholders to identify significant 
gaps in available repositories meeting the criteria de-
veloped under paragraph (1) and options for sup-
porting the development of additional or enhanced re-
positories; 
(3) make awards on a competitive basis to insti-
tutions of higher education or non-profit organiza-
tions (or consortia of such institutions or organiza-
tions) for the development, upgrades, and mainte-
nance of open data repositories that meet the criteria 
developed under paragraph (1); 
(4) work with stakeholders and build on existing 
models, where appropriate, to establish a single, pub-
lic, web-based point of access to help users locate re-
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positories storing data, software, and code resulting 
from or used in Foundation-supported projects; 
(5) work with stakeholders to establish the nec-
essary policies and procedures and allocate the nec-
essary resources to ensure, as practicable, data under-
lying published findings resulting from Foundation- 
supported projects are deposited in repositories meet-
ing the criteria developed under paragraph (1) at the 
time of publication; 
(6) incentivize the deposition of data, software, 
and code into repositories that meet the criteria devel-
oped under paragraph (1); and 
(7) coordinate with the scientific publishing com-
munity and the heads of other relevant Federal de-
partments and agencies to support the development of 
voluntary consensus standards around data archiving 
and sharing. 
(d) RESEARCH, DEVELOPMENT, AND EDUCATION.— 
The Director shall make awards, on a competitive basis to 
institutions of higher education or non-profit organizations 
(or consortia of such institutions or organizations) to— 
(1) support research and development of open 
source, sustainable, usable tools and infrastructure 
that support reproducibility for a broad range of 
studies across different disciplines;
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† HR 4346 EAS2 
(2) support research on computational reproduc-
ibility, including the limits of reproducibility and the 
consistency of computational results in the develop-
ment of new computation hardware, tools, and meth-
ods; and 
(3) support the education and training of stu-
dents, faculty, and researchers on computational 
methods, tools, and techniques to improve the quality 
and sharing of data, code, and supporting metadata 
to produce reproducible research. 
SEC. 10345. CLIMATE CHANGE RESEARCH. 
The Director shall make awards, on a competitive 
basis, to institutions of higher education or non-profit orga-
nizations (or consortia of such institutions or organiza-
tions) to support research to improve our understanding of 
the climate system and related human and environmental 
systems. 
SEC. 
10346. 
SOCIAL, 
BEHAVIORAL, 
AND 
ECONOMIC 
SCIENCES. 
The Director shall— 
(1) actively communicate opportunities and so-
licit proposals for social, behavioral, and economic 
science researchers to participate in cross-cutting and 
interdisciplinary programs, including the Conver-
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† HR 4346 EAS2 
gence Accelerator and agency priority activities, and 
the Mid-Scale Research Infrastructure program; and 
(2) ensure social, behavioral, and economic 
science researchers are represented on relevant merit 
review panels for such activities. 
SEC. 10347. MEASURING IMPACTS OF FEDERALLY FUNDED 
RESEARCH AND DEVELOPMENT. 
The Director shall make awards on a competitive, 
merit-reviewed basis to institutions of higher education or 
non-profit organizations (or consortia of such institutions 
or organizations) to support research and development of 
data, models, indicators, and associated analytical tools to 
improve our understanding of the impacts of Federally 
funded research on society, the economy, and the workforce, 
including domestic job creation. 
SEC. 10348. FOOD-ENERGY-WATER RESEARCH. 
The Director shall make awards on a competitive basis 
to institutions of higher education or non-profit organiza-
tions (or consortia of such institutions or organizations) 
to— 
(1) support research to significantly advance our 
understanding 
of 
the 
food-energy-water 
system 
through quantitative and computational modeling, 
including support for relevant cyberinfrastructure;
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† HR 4346 EAS2 
(2) develop real-time, cyber-enabled interfaces 
that improve understanding of the behavior of food- 
energy-water systems and increase decision support 
capability; 
(3) support research that will lead to innovative 
solutions to critical food-energy-water system prob-
lems; and 
(4) grow the scientific workforce capable of 
studying and managing the food-energy-water system, 
through education and other professional development. 
SEC. 10349. BIOLOGICAL FIELD STATIONS AND MARINE LAB-
ORATORIES. 
The Director shall continue to support enhancing, re-
pairing and maintaining research instrumentation, labora-
tories, telecommunications and housing at biological field 
stations and marine laboratories. 
SEC. 10350. SUSTAINABLE CHEMISTRY RESEARCH AND EDU-
CATION. 
In accordance with section 263 of the National Defense 
Authorization Act for Fiscal Year 2021, the Director shall 
carry out activities in support of sustainable chemistry, in-
cluding— 
(1) establishing a program to make awards, on 
a competitive basis, to institutions of higher edu-
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† HR 4346 EAS2 
cation or non-profit organizations (or consortia of 
such institutions or organizations) to support— 
(A) individual investigators and teams of 
investigators, including to the extent practicable, 
early career investigators for research and devel-
opment; 
(B) collaborative research and development 
partnerships among universities, industry, and 
non-profit organizations; 
(C) integrating sustainable chemistry prin-
ciples 
into 
elementary, 
secondary, 
under-
graduate, and graduate chemistry and chemical 
engineering curriculum and research training, 
as appropriate to that level of education and 
training; and 
(2) incorporating sustainable chemistry into ex-
isting Foundation research and development pro-
grams. 
SEC. 10351. RISK AND RESILIENCE RESEARCH. 
The Director shall make awards on a competitive basis 
to institutions of higher education or non-profit organiza-
tions (or consortia of such institutions or organizations) to 
advance knowledge of risk assessment and predictability 
and to support the creation of tools and technologies, includ-
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† HR 4346 EAS2 
ing advancing data analytics and utilization of artificial 
intelligence, for increased resilience through— 
(1) improvements in our ability to understand, 
model, and predict extreme events and natural haz-
ards; 
(2) the creation of novel engineered systems solu-
tions for resilient complex infrastructures, particu-
larly those that address critical interdependence 
among infrastructures and leverage the growing infu-
sion of cyber-physical-social components into the in-
frastructures; 
(3) development of equipment and instrumenta-
tion for innovation in resilient engineered infrastruc-
tures; 
(4) multidisciplinary research on the behaviors 
individuals and communities engage in to detect, per-
ceive, understand, predict, assess, mitigate, and pre-
vent risks and to improve and increase resilience; and 
(5) advancements in multidisciplinary wildfire 
science, including those related to air quality impacts, 
human behavior, and early detection and warning. 
SEC. 
10352. 
UNMANNED 
AIRCRAFT 
SYSTEMS 
TECH-
NOLOGIES. 
In coordination with the Administrator of the Federal 
Aviation Administration and the Administrator of the Na-
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† HR 4346 EAS2 
tional Aeronautics and Space Administration, the Director 
shall carry out a program of research and related activities 
related to unmanned aircraft system technologies, which 
may include a prize competition pursuant to section 24 of 
the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3719) and support for undergraduate and grad-
uate curriculum development. 
SEC. 10353. ACCELERATING UNMANNED MARITIME SYS-
TEMS TECHNOLOGIES. 
(a) IN GENERAL.—In order to support advances in 
marine science, maritime domain awareness, and national 
security the Director, in consultation with the Under Sec-
retary of Commerce for Oceans and Atmosphere and the 
Commandant of the Coast Guard, shall issue awards, on 
a competitive basis, to institutions of higher education or 
nonprofit organizations (or consortia of such institutions 
or organizations) to support research that will accelerate 
innovation to advance unmanned maritime systems for the 
purpose of providing greater maritime domain awareness 
to the Nation. 
(b) COORDINATION.—In implementing this section, the 
Director shall coordinate with the Coast Guard, the Depart-
ment of Defense, the National Oceanic and Atmospheric Ad-
ministration, and other Federal agencies, including those
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established under the Commercial Engagement Through 
Ocean Technology Act of 2018 (Public Law 115–394). 
SEC. 10354. LEVERAGING INTERNATIONAL EXPERTISE IN 
RESEARCH. 
The Director shall explore and advance opportunities 
for leveraging international capabilities and resources that 
align with the Foundation and United States research com-
munity priorities and have the potential to benefit United 
States prosperity, security, health, and well-being, includ-
ing through binational research and development organiza-
tions and foundations and by sending teams of Foundation 
scientific staff for site visits of scientific facilities and agen-
cies in other countries. The Director shall establish and im-
plement policies, including through any research security 
training requirements, to mitigate the potential risks of 
such interactions, including risks to the protection of intel-
lectual property and the risk of undue foreign influence on 
research. 
SEC. 10355. BIOLOGICAL RESEARCH COLLECTIONS. 
(a) IN GENERAL.—The Director shall continue to sup-
port databases, tools, methods, and other activities that se-
cure and improve existing physical and digital biological 
research collections, improve the accessibility of collections 
and collection-related data for research and educational 
purposes, develop capacity for curation and collection man-
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† HR 4346 EAS2 
agement, and to transfer ownership of collections that are 
significant to the biological research community, including 
to museums and universities. 
(b) SPECIMEN MANAGEMENT PLAN.—In consultation 
with other relevant Federal research agencies, and as the 
Director determines is appropriate, the Director shall re-
quire that proposals submitted to the Foundation for fund-
ing for research that involves collecting or generating speci-
mens include, as part of the data management plan under 
section 10344, a description of how the specimens and asso-
ciated data will be accessioned into and maintained in an 
established biological collection. 
(c) ACTION CENTER FOR BIOLOGICAL COLLECTIONS.— 
In coordination with other relevant Federal research agen-
cies, as appropriate, the Director shall make awards on a 
competitive basis to institutions of higher education or non- 
profit organizations (or consortia of such institutions or or-
ganizations) to facilitate coordination and data sharing 
among communities of practice for research, education, 
workforce training, evaluation, and business model develop-
ment, including by establishing an Action Center for Bio-
logical Collections.
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SEC. 10356. CLEAN WATER RESEARCH AND TECHNOLOGY 
ACCELERATION. 
The Director shall make awards on a competitive, 
merit-reviewed basis to institutions of higher education or 
non-profit organizations (or consortia of such institutions 
or organizations) to— 
(1) support transdisciplinary research to signifi-
cantly advance our understanding of water avail-
ability, quality, and dynamics and the impact of 
human activity and a changing climate on urban 
and rural water and wastewater systems, including 
in low-income, underserved, and disadvantaged com-
munities; 
(2) develop, pilot, and deploy innovative tech-
nologies, systems, and other approaches to identifying 
and addressing challenges that affect water avail-
ability, quality, and security, including through di-
rect engagement with affected communities and part-
nerships with the private sector, State, territorial, 
Tribal, and local governments, non-profit organiza-
tions and water management professionals; and 
(3) grow the scientific workforce capable of 
studying and managing water and wastewater sys-
tems and of conducting wastewater surveillance, 
through education, training, and other professional 
development.
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† HR 4346 EAS2 
SEC. 10357. TECHNOLOGY AND BEHAVIORAL SCIENCE RE-
SEARCH. 
(a) IN GENERAL.—The Director shall make awards on 
a merit-reviewed, competitive basis for research and devel-
opment to— 
(1) increase understanding of social media and 
consumer technology access and use patterns and re-
lated mental health, behavioral, and substance use 
disorder issues, particularly for children and adoles-
cents; and 
(2) explore the role of social media and consumer 
technology in rising rates of mental health and sub-
stance use disorder issues, including within commu-
nities experiencing long-term economic distress. 
(b) COORDINATION TO AVOID DUPLICATION.—In mak-
ing awards under this subsection, the Director shall, for 
purposes of avoiding duplication of activities and research, 
consult, collaborate, and coordinate with the heads of other 
relevant Federal departments and agencies, including the 
Department of Health and Human Services. 
SEC. 10358. MANUFACTURING RESEARCH AMENDMENT. 
Section 506(a) of the America COMPETES Reauthor-
ization Act of 2010 (42 U.S.C. 1862p–1(a)) is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6)—
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† HR 4346 EAS2 
(A) by striking ‘‘and’’ before ‘‘virtual man-
ufacturing’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and artificial intelligence and ma-
chine learning; and’’; and 
(3) by adding at the end the following: 
‘‘(7) additive manufacturing, including new ma-
terial designs, complex materials, rapid printing tech-
niques, and real-time process controls.’’. 
SEC. 10359. CRITICAL MINERALS MINING RESEARCH AND 
DEVELOPMENT. 
(a) CRITICAL MINERALS MINING RESEARCH AND DE-
VELOPMENT AT THE FOUNDATION.— 
(1) IN GENERAL.—In order to support supply 
chain resiliency, the Director shall make awards, on 
a competitive basis, to institutions of higher edu-
cation or nonprofit organizations (or consortia of 
such institutions or organizations) to support basic 
research that will accelerate innovation to advance 
critical minerals mining strategies and technologies 
for the purpose of making better use of domestic re-
sources and eliminating national reliance on min-
erals and mineral materials that are subject to supply 
disruptions.
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† HR 4346 EAS2 
(2) USE OF FUNDS.—Activities funded by an 
award under this section may include— 
(A) advancing mining research and devel-
opment activities to develop new mapping and 
mining technologies and techniques, including 
advanced critical mineral extraction and pro-
duction, separation, alloying, or processing tech-
niques and technologies that can decrease energy 
intensity to improve existing or to develop new 
supply chains of critical minerals, and to yield 
more efficient, economical, and environmentally 
benign mining practices; 
(B) advancing critical mineral processing 
research 
activities 
to 
improve 
separation, 
alloying, manufacturing, or recycling techniques 
and technologies that can decrease the energy in-
tensity, waste, potential environmental impact, 
and costs of those activities; 
(C) conducting long-term earth observation 
of reclaimed mine sites, including the study of 
the evolution of microbial diversity at such sites; 
(D) examining the application of artificial 
intelligence for geological exploration of critical 
minerals, including what size and diversity of 
data sets would be required;
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† HR 4346 EAS2 
(E) examining the application of machine 
learning for detection and sorting of critical 
minerals, including what size and diversity of 
data sets would be required; 
(F) conducting detailed isotope studies of 
critical minerals and the development of more 
refined geologic models; 
(G) improved understanding of the geologi-
cal and geochemical processes through which 
critical minerals form and are concentrated into 
economically viable deposits; or 
(H) providing training and research oppor-
tunities to undergraduate and graduate students 
to prepare the next generation of mining engi-
neers and researchers. 
(3) EXISTING
PROGRAMS.—The Director shall 
ensure awards made under this subsection are com-
plementary and not duplicative of existing programs 
across the Foundation and Federal Government. 
(b) 
CRITICAL
MATERIALS
INTERAGENCY
SUB-
COMMITTEE.— 
(1) IN GENERAL.—The Critical Minerals Sub-
committee of the National Science and Technology 
Council (referred to in this section as the ‘‘Sub-
committee’’), shall coordinate Federal science and
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† HR 4346 EAS2 
technology efforts to ensure secure, reliable, and envi-
ronmentally sustainable supplies of critical materials 
to the United States. 
(2) PURPOSES.—The purposes of the Sub-
committee shall be— 
(A) to advise and assist the National 
Science and Technology Council, including the 
Committee on Homeland and National Security, 
on United States policies, procedures, and plans 
as it relates to critical materials, including— 
(i) Federal research, development, and 
commercial application efforts to minimize 
the environmental impacts of methods for 
extractions, concentration, separation and 
purification of conventional, secondary, and 
unconventional sources of critical materials; 
(ii) efficient use, substitution, and 
reuse of critical materials; 
(iii) the critical materials workforce of 
the United States; and 
(iv) United States private industry in-
vestments in innovation and technology 
transfer from federally funded science and 
technology;
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† HR 4346 EAS2 
(B) to identify emerging opportunities, 
stimulate international cooperation, and foster 
the development of secure and reliable supply 
chains of critical materials and establish sce-
nario modeling systems for supply problems of 
critical materials and energy critical materials; 
(C) to ensure the transparency of informa-
tion and data related to critical materials; and 
(D) to provide recommendations on coordi-
nation and collaboration among the research, de-
velopment, and deployment programs and activi-
ties of Federal agencies to promote a secure and 
reliable supply of critical materials necessary to 
maintain national security, economic well-being, 
public health, and industrial production. 
(3) RESPONSIBILITIES.—In carrying out this 
subsection, the Subcommittee may, taking into ac-
count the findings and recommendations of relevant 
advisory committees— 
(A) provide recommendations on how Fed-
eral agencies may improve the topographic, geo-
logic, and geophysical mapping of the United 
States and improve the discoverability, accessi-
bility, and usability of the resulting and existing 
data, to the extent permitted by law and subject
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† HR 4346 EAS2 
to appropriate limitation for purposes of privacy 
and security; 
(B) assess the progress towards developing 
critical materials recycling and reprocessing 
technologies, and technological alternatives to 
critical materials; 
(C) establish a mechanism for the coordina-
tion and evaluation of Federal programs with 
critical material needs, including Federal pro-
grams involving research and development, in a 
manner that complements related efforts carried 
out by the private sector and other domestic and 
international agencies and organizations; 
(D) examine options for accessing and de-
veloping critical materials through investment 
and trade with our allies and partners and pro-
vide recommendations; 
(E) evaluate and provide recommendations 
to incentivize the development and use of ad-
vances in science and technology in the private 
industry; 
(F) assess the need for and make rec-
ommendations to address the challenges the 
United States critical materials supply chain 
workforce faces, including aging and retiring
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† HR 4346 EAS2 
personnel and faculty, and foreign competition 
for United States talent; 
(G) develop, and update as necessary, a 
strategic plan to guide Federal programs and ac-
tivities to enhance scientific and technical capa-
bilities across critical material supply chains, 
including a roadmap that identifies key research 
and development needs and coordinates on-going 
activities for source diversification, more efficient 
use, recycling, and substitution for critical mate-
rials; as well as cross-cutting mining science, 
data science techniques, materials science, manu-
facturing science and engineering, computational 
modeling, and environmental health and safety 
research and development; 
(H) assess the need for, and make rec-
ommendations concerning, the availability and 
adequacy of the supply of technically trained 
personnel necessary for critical materials re-
search, development, extraction, and industrial 
production, with a particular focus on the prob-
lem of attracting and maintaining high-quality 
professionals for maintaining an adequate sup-
ply of energy critical materials; and
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† HR 4346 EAS2 
(I) report to the appropriate Congressional 
committees on activities and findings under this 
section. 
(c) DEFINITIONS OF CRITICAL MINERAL AND CRITICAL 
MINERAL OR METAL.—In this section, the terms ‘‘critical 
mineral’’ and ‘‘critical mineral or metal’’ include any host 
mineral of a critical mineral (within the meaning of those 
terms in section 7002 of title VII of division Z of the Con-
solidated Appropriations Act, 2021 (Public Law 116–260)). 
SEC. 10360. STUDY OF AI RESEARCH CAPACITY. 
(a) IN GENERAL.—The Director shall conduct a study 
or support the development of a study by a qualified inde-
pendent organization as determined by the Director, on ar-
tificial intelligence research capacity at United States insti-
tutions of higher education. 
(b) STUDY CONTENTS.—The Director shall ensure that, 
at a minimum, the study under subsection (a) addresses 
the following topics: 
(1) Which universities are putting out signifi-
cant peer-reviewed artificial intelligence research, in-
cluding based on quantity and number of citations. 
(2) For each of the universities described in 
paragraph (1), what specific factors enable their AI 
research, including computing power, data set avail-
ability, specialized curriculum, faculty and graduate
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† HR 4346 EAS2 
students, sources of Federal and non-Federal research 
funding, and industry and other partnerships. 
(3) Promising practices at universities described 
in paragraph (1) for advancing diversity, equity, and 
inclusion in AI research programs. 
(4) Geographic diversity across the country of 
universities with the factors identified in paragraph 
(2). 
(5) How universities not included in paragraph 
(1) could implement the factors in paragraph (2) to 
produce AI research, as well as case studies that uni-
versities can look to as examples and potential pilot 
programs that the Federal Government could develop 
or support to help universities produce AI research. 
(c) WORKSHOPS.—The Director may support work-
shops to help inform the study required under this sub-
section. 
(d) PUBLICATION.—The Director shall ensure that the 
study carried out under this subsection is made publicly 
available not later than 12 months after the date of enact-
ment of this Act. 
(e) AVOID DUPLICATION.—The Director shall ensure 
that the activities carried out under this section are not 
duplicative of activities supported by other parts of the 
Foundation or other relevant Federal agencies, including
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† HR 4346 EAS2 
but not limited to the activities of the National AI Research 
Resource Task Force. 
SEC. 10361. ADVANCING IOT FOR PRECISION AGRICULTURE 
CAPABILITIES ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Advancing IoT for Precision Agriculture Act of 2021’’. 
(b) PURPOSE.—It is the purpose of this section to pro-
mote scientific research and development opportunities for 
connected technologies that advance precision agriculture 
capabilities. 
(c) FOUNDATION DIRECTIVE ON AGRICULTURAL SEN-
SOR RESEARCH.—In making awards under the sensor sys-
tems and networked systems programs of the Foundation, 
the Director shall include in consideration of portfolio bal-
ance research and development on sensor connectivity in en-
vironments of intermittent connectivity and intermittent 
computation— 
(1) to improve the reliable use of advance sensing 
systems in rural and agricultural areas; and 
(2) that considers— 
(A) direct gateway access for locally stored 
data; 
(B) attenuation of signal transmission; 
(C) loss of signal transmission; and 
(D) at-scale performance for wireless power.
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† HR 4346 EAS2 
(d) UPDATING CONSIDERATIONS FOR PRECISION AG-
RICULTURE TECHNOLOGY WITHIN THE NSF ADVANCED 
TECHNICAL EDUCATION PROGRAM.—Section 3 of the Sci-
entific and Advanced-Technology Act of 1992 (42 U.S.C. 
1862i), as amended by section 10312, is further amended— 
(1) in subsection (d)(2), by adding at the end the 
following: 
‘‘(G) applications that incorporate distance 
learning tools and approaches.’’; and 
(2) in subsection (e)(3)— 
(A) in subparagraph (C), by striking ‘‘and’’ 
after the semicolon; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) applications that incorporate distance 
learning tools and approaches.’’. 
(e) GAO REVIEW.—Not later than 18 months after the 
date of enactment of this section, the Comptroller General 
of the United States shall provide— 
(1) a technology assessment of precision agri-
culture technologies, such as the existing use of— 
(A) sensors, scanners, radio-frequency iden-
tification, and related technologies that can mon-
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† HR 4346 EAS2 
itor soil properties, irrigation conditions, and 
plant physiology; 
(B) sensors, scanners, radio-frequency iden-
tification, and related technologies that can mon-
itor livestock activity and health; 
(C) network connectivity and wireless com-
munications that can securely support digital 
agriculture technologies in rural and remote 
areas; 
(D) aerial imagery generated by satellites 
or unmanned aerial vehicles; 
(E) ground-based robotics; 
(F) control systems design and connectivity, 
such as smart irrigation control systems; 
(G) Global Positioning System-based appli-
cations; and 
(H) data management software and ad-
vanced analytics that can assist decision making 
and improve agricultural outcomes; and 
(2) a review of Federal programs that provide 
support for precision agriculture research, develop-
ment, adoption, education, or training, in existence 
on the date of enactment of this section.
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SEC. 10362. ASTRONOMY AND SATELLITE CONSTELLATIONS. 
The Director shall support research into and the de-
sign, development, and testing of mitigation measures to 
address the potential impact of satellite constellations on 
Foundation scientific programs by— 
(1) making awards on a competitive basis to 
support study of the potential impacts of satellite con-
stellations on ground-based optical, infrared, and 
radio astronomy, including through existing pro-
grams such Spectrum and Wireless Innovation en-
abled by Future Technologies (SWIFT) and the Spec-
trum Innovation Initiative; 
(2) supporting research on potential satellite im-
pacts and benefits and mitigation strategies to be car-
ried out at one or more Foundation supported Feder-
ally Funded Research and Development Centers or 
major multiuser research facilities as defined in sec-
tion 110(g) of the American Innovation and Competi-
tiveness Act (42 U.S.C. 1862s–2(g)), as appropriate; 
and 
(3) supporting workshops related to the potential 
impact of satellite constellations on scientific research 
and how those constellations could be used to improve 
scientific research.
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† HR 4346 EAS2 
SEC. 10363. RESEARCH ON THE IMPACT OF INFLATION. 
(a) IN GENERAL.—The Director may make awards, on 
a competitive merit-reviewed basis, to institutions of higher 
education or nonprofit organizations (or consortia of such 
institutions or organizations) to support research to im-
prove our understanding of the impact of inflation. 
(b) USE OF FUNDS.—Activities funded by an award 
under this section may include— 
(1) measuring the economic impact of inflation 
on the American people, including an analysis of 
cost-of-living and wage impacts; 
(2) considering the impact of inflation on Amer-
ican international competitiveness; 
(3) evaluating the impact of inflation on rural 
and underserved communities throughout the country; 
(4) assessing the ways inflation could impact fu-
ture American generations; and 
(5) evaluating the impact of policymaking on in-
flation, including the impact of further Government 
spending. 
(c) COORDINATION TO AVOID DUPLICATION.—In mak-
ing awards under this section, the Director shall, for pur-
poses of avoiding duplication of activities and research, 
consult, collaborate, and coordinate with the programs and 
policies of other relevant Federal agencies.
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† HR 4346 EAS2 
SEC. 10364. MICROGRAVITY UTILIZATION POLICY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that space technology and the utilization of the micro-
gravity environment for science, engineering, and tech-
nology development is critical to long-term competitiveness 
with near-peer competitors, including China. 
(b) POLICY.—To the extent appropriate during an 
award period, the Foundation shall facilitate access by re-
cipients of Foundation awards to the microgravity environ-
ment, including in private sector platforms, for the develop-
ment of science, engineering, and technology relevant to the 
award. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Director shall provide to the 
appropriate committees of Congress a report on the Foun-
dation’s plan for facilitating awardee access to the micro-
gravity environment. 
SEC. 10365. RECOGNITION OF THE ARECIBO OBSERVATORY. 
(a) FINDINGS.—Congress finds the following: 
(1) The Department of Defense began developing 
the Arecibo Observatory located in Barrio Esperanza, 
Arecibo, Puerto Rico, during the 1950s, and its char-
acteristic instrument, a large radio telescope of 305 
meters in diameter was completed in 1963. 
(2) The facility was later owned by the National 
Science Foundation, and supported by the National
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† HR 4346 EAS2 
Aeronautics and Space Administration and various 
university partners. 
(3) The Arecibo Observatory’s 305-meter fixed 
spherical radio telescope, was the world’s largest sin-
gle-dish radio telescope until the Five-Hundred-Meter 
Aperture Spherical Radio Telescope located in 
Gizhou, China, began observing in 2016. 
(4) The 305-meter radio telescope made unparal-
leled contributions to the fields of radio astronomy, 
planetary, and atmospheric sciences, and played a 
role in inspiring thousands of students in Puerto 
Rico, the Nation, and the world to pursue careers in 
STEM fields through the Arecibo Observatory Edu-
cation and Public Outreach Programs. 
(5) The radio telescope significantly advanced 
the field of radio astronomy, including the first indi-
rect detection of gravitational waves, the first detec-
tion of extrasolar planets, innumerable contributions 
to the field of time domain astronomy and the study 
of the interstellar medium, and played a key role in 
the search for extraterrestrial intelligence. 
(6) The Arecibo Observatory had the best plan-
etary radar system in the world, used by the National 
Aeronautics and Space Administration for near-
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Earth object detection and was an essential part of 
the agency’s planetary defense program. 
(7) The planetary radar at the Arecibo Observ-
atory has contributed fundamentally and signifi-
cantly to the knowledge of the solar system. 
(8) The Arecibo Observatory’s Incoherent Scatter 
Radar and supporting facilities have provided funda-
mental understanding of the ionosphere and upper at-
mosphere, and the interface between the atmosphere 
and space that protects the planet from solar wind, 
meteors, and other potential threats. 
(9) December 1, 2021, marks the 1-year anniver-
sary of the uncontrolled collapse sustained by the 
radio telescope after a series of cable failures in tower 
4. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Congress— 
(1) acknowledges the loss of the Arecibo Observ-
atory’s radio telescope due to its collapse and its im-
plications for the loss of a unique world-class multi-
disciplinary science facility which conducted research 
in the areas of space and atmospheric sciences, radar 
astronomy and planetary sciences, astronomy, and 
astrophysics;
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(2) acknowledges that the uncontrolled collapse of 
the 305-meter radio telescope represents a loss of as-
tronomical observation capabilities, scientific research 
and development, planetary defense capabilities, and 
applied science capabilities for the United States; 
(3) recognizes the rich scientific, educational, 
and economic benefits that the Arecibo Telescope has 
made to the people of Puerto Rico, the Nation, and 
the world; 
(4) recognizes the work and contributions made 
by the thousands of dedicated staff who have sup-
ported the Arecibo Observatory for close to 6 decades; 
(5) commends the National Science Foundation 
for convening a virtual workshop in June 2021, to ex-
plore ideas for future scientific and educational ac-
tivities at the Arecibo Observatory; and 
(6) encourages the National Science Foundation, 
in consultation with other Federal agencies, to explore 
opportunities for strengthening and expanding the 
role of the Arecibo Observatory in Puerto Rico 
through education, outreach, and diversity programs, 
and future research capabilities and technology at the 
site.
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Subtitle F—Research Infrastructure 
SEC. 10371. FACILITY OPERATION AND MAINTENANCE. 
(a) IN GENERAL.—The Director shall continue the Fa-
cility Operation Transition pilot program for a total of 5 
years. 
(b) COST SHARING.—The Facility Operation Transi-
tion program shall provide funding for 10 to 50 percent 
of the operations and maintenance costs for major research 
facilities that are within the first five years of operation, 
where the share is determined based on— 
(1) the operations and maintenance costs of the 
major research facility; and 
(2) the capacity of the managing directorate or 
division to absorb such costs. 
(c) REPORT.—After the fifth year of the pilot program, 
the Director shall transmit a report to Congress that in-
cludes— 
(1) an assessment, that includes feedback from 
the research community, of the effectiveness of the 
pilot program for— 
(A) supporting research directorates and di-
visions in balancing investments in research 
grants and funding for the initial operation and 
maintenance of major facilities;
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(B) incentivizing the development of new 
world-class facilities; 
(C) facilitating interagency and inter-
national partnerships; 
(D) funding core elements of multi-discipli-
nary facilities; and 
(E) supporting facility divestment costs; 
and 
(2) if deemed effective, a plan for permanent im-
plementation of the pilot program. 
SEC. 10372. REVIEWS. 
The Director shall periodically carry out reviews with-
in each of the directorates and divisions to assess the cost 
and benefits of extending the operations of research facilities 
that have exceeded their planned operational lifespan. 
SEC. 10373. HELIUM CONSERVATION. 
(a) MAJOR
RESEARCH
INSTRUMENTATION
SUP-
PORT.— 
(1) IN GENERAL.—The Director shall support, 
through the Major Research Instrumentation pro-
gram, proposal requests that include the purchase, in-
stallation, operation, and maintenance of equipment 
and instrumentation to reduce consumption of he-
lium.
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† HR 4346 EAS2 
(2) COST SHARING.—The Director may waive 
the cost-sharing requirement for helium conservation 
measures for non-Ph.D.-granting institutions of high-
er education and Ph.D.-granting institutions of high-
er education that are not ranked among the top 100 
institutions receiving Federal research and develop-
ment funding, as documented by the National Center 
for Science and Engineering Statistics. 
(b) ANNUAL REPORT.—No later than 1 year after the 
date of enactment of this Act and annually for the subse-
quent two years, the Director shall submit an annual report 
to Congress on the use of funding awarded by the Founda-
tion for the purchase and conservation of helium. The report 
should include— 
(1) the volume and price of helium purchased; 
(2) changes in pricing and availability of he-
lium; and 
(3) any supply disruptions impacting a substan-
tial number of institutions. 
SEC. 10374. ADVANCED COMPUTING. 
(a) COMPUTING NEEDS.—To gather information about 
the computational needs of Foundation-funded projects, the 
Director shall require award proposals submitted to the 
Foundation, as appropriate, to include estimates of com-
putational resource needs for projects that require use of
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advanced computing. The Director shall encourage and pro-
vide access to tools that facilitate the inclusion of these 
measures, including those identified in the 2016 National 
Academies report entitled ‘‘Future Directions for NSF Ad-
vanced Computing Infrastructure to Support U.S. Science 
and Engineering in 2017–2020’’. 
(b) REPORTS.—The Director shall document and pub-
lish every two years a summary of the amount and types 
of advanced computing capabilities that are needed to fully 
meet the Foundation’s project needs as identified under sub-
section (a). 
(c) ROADMAP.—To set priorities and guide strategic 
decisions regarding investments in advanced computing ca-
pabilities, the Director shall develop, publish, and regularly 
update a 5-year advanced computing roadmap that— 
(1) describes the advanced computing resources 
and capabilities that would fully meet anticipated 
project needs, including through investments in the 
Mid-Scale Research Infrastructure program and the 
Major Research Equipment and Facilities Construc-
tion account; 
(2) draws on community input, information 
contained in research proposals, allocation requests, 
insights from Foundation-funded cyber-infrastructure
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† HR 4346 EAS2 
operators, and Foundation-wide information gath-
ering regarding community needs; 
(3) considers computational needs of planned 
major facilities; 
(4) reflects anticipated technology trends; 
(5) informs users and potential partners about 
future facilities and services; 
(6) addresses the needs of groups historically 
underrepresented in STEM and geographic regions 
with low availability and high demand for advanced 
computing resources; 
(7) considers how Foundation-supported ad-
vanced computing capabilities can be leveraged for 
activities through the Directorate for Technology, In-
novation, and Partnerships; and 
(8) provides an update to Congress about the 
level of funding necessary to fully meet computational 
resource needs for the research community. 
(d) SECURING AMERICAN RESEARCH FROM CYBER 
THEFT.— 
(1) NETWORKING
AND
INFORMATION
TECH-
NOLOGY
RESEARCH
AND
DEVELOPMENT
UPDATE.— 
Section 101(a)(1) of the High-Performance Com-
puting Act of 1991 (15 U.S.C. 5511) is amended—
542 
† HR 4346 EAS2 
(A) by moving the margins of subparagraph 
(D) and each of subparagraphs (J) through (O) 
two ems to the left; 
(B) by redesignating subparagraphs (J) 
through (O) as subparagraphs (K) through (P), 
respectively; and 
(C) by inserting after subparagraph (I) the 
following: 
‘‘(J) provide for improving the security, re-
liability, and resiliency of computing and net-
working systems used by institutions of higher 
education and other nonprofit research institu-
tions for the processing, storage and trans-
mission of sensitive federally funded research 
and associated data;’’. 
(2) COMPUTING ENCLAVE PILOT PROGRAM.— 
(A) IN
GENERAL.—The Director, in con-
sultation with the Director of the National Insti-
tute of Standards and Technology and the Sec-
retary of Energy, and the heads of other relevant 
Federal departments and agencies, shall establish 
a pilot program to make awards to ensure the se-
curity of federally supported research data and 
to assist regional institutions of higher education 
and their researchers in compliance with regula-
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† HR 4346 EAS2 
tions regarding the safeguarding of sensitive in-
formation and other relevant regulations and 
Federal guidelines. 
(B) STRUCTURE.—In carrying out the pilot 
program established pursuant to subparagraph 
(A), the Director shall select, for the development, 
installation, maintenance, or sustainment of se-
cure computing enclaves, three institutions of 
higher education that have an established grad-
uate student program and a demonstrated his-
tory of working with secure information, con-
sistent with appropriate security protocols. 
(C) REGIONALIZATION.— 
(i) IN GENERAL.—In selecting univer-
sities pursuant to subparagraph (B), the 
Director shall give preference to institutions 
of higher education with the capability of 
serving other regional universities. 
(ii) GEOGRAPHIC DISPERSAL.—The en-
claves should be geographically dispersed to 
better meet the needs of regional interests. 
(D) PROGRAM
ELEMENTS.—The Director 
shall work with institutions of higher education 
selected pursuant to subparagraph (B) to—
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† HR 4346 EAS2 
(i) develop an approved design blue-
print for compliance with Federal data pro-
tection protocols; 
(ii) develop a comprehensive and con-
fidential list, or a bill of materials, of each 
binary component of the software, firmware, 
or product that is required to deploy addi-
tional secure computing enclaves; 
(iii) develop templates for all policies 
and procedures required to operate the se-
cure computing enclave in a research set-
ting; 
(iv) develop a system security plan 
template; and 
(v) develop a process for managing a 
plan of action and milestones for the secure 
computing enclave. 
(E) SUSTAINABILITY.—In reviewing appli-
cations for awards, the Director shall review and 
consider plans and prospects of the applicant in-
stitution of higher education to ensure long-term 
sustainability of the computing enclave, beyond 
the availability of Federal funds. 
(F) DURATION.—Subject to other avail-
ability of appropriations, the pilot program es-
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† HR 4346 EAS2 
tablished pursuant to subparagraph (A) shall op-
erate for not less than 3 years. 
(G) REPORT.— 
(i) IN GENERAL.—The Director shall 
report to Congress not later than 6 months 
after the completion of the pilot program 
under subparagraph (A). 
(ii) CONTENTS.—The report required 
under clause (i) shall include— 
(I) an assessment of the pilot pro-
gram under subparagraph (A), includ-
ing an assessment of the security bene-
fits provided by such secure computing 
enclaves; 
(II) recommendations related to 
the value of expanding the network of 
secure computing enclaves; and 
(III) recommendations on the effi-
cacy of the use of secure computing en-
claves by other Federal agencies in a 
broader effort to expand security of 
Federal research. 
(H) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Director, $38,000,000 for fiscal years 2023
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† HR 4346 EAS2 
and shall encourage the development of research collabora-
tions between research-intensive universities and primarily 
undergraduate and historically Black colleges and univer-
sities, Tribal Colleges or Universities, and minority-serving 
institutions. 
(d) ETHICAL, LEGAL, ENVIRONMENTAL, SAFETY, SE-
CURITY, AND SOCIETAL ISSUES.—Initiative activities shall 
take into account ethical, legal, environmental, safety, secu-
rity, and other appropriate societal issues by carrying out 
the following: 
(1) Supporting research, including in the social 
sciences, and other activities addressing ethical, legal, 
environmental, and other appropriate societal issues 
related to engineering biology, including integrating 
research on such topics with the research and develop-
ment in engineering biology, and encouraging the dis-
semination of the results of such research, including 
through interdisciplinary engineering biology research 
centers described in subsection (b)(1)(C). 
(2) Supporting research and other activities re-
lated to the safety and security implications of engi-
neering biology, including outreach to increase aware-
ness among Federal researchers and federally-funded 
researchers at institutions of higher education about