USC Subchapter III

USC Subchapter III
in effect

42 U.S.C. § 18981 Definitions

In this subchapter: (1) BoardThe term “Board” means the National Science Board. (2) DirectorThe term “Director” means the Director of the National Science Foundation. (3) NSF INCLUDESThe term “NSF INCLUDES” means the initiative carried out under section 19012 of this title. (4) STEM ecosystemThe term “STEM ecosystem” means a local, regional, or statewide network, consortium, or multi-sector partnership, which may be led or co-led by a nonprofit organizational entity, that is operating in the United States with the goal of supporting participation in STEM study, activities, and career pathways as defined in the CoSTEM Annual Progress Report of 2020 with a broad range of non-Federal partners.

42 U.S.C. § 18991 PreK–12 STEM education

(a) National Academies studyNot later than 120 days after August 9, 2022, the Director shall enter into an agreement with the National Academies to conduct a study to—(1) review the research literature and identify research gaps regarding the interconnected factors that foster and hinder successful implementation of promising, evidence-based PreK–12 STEM education innovations at the local, regional, and national level; (2) present a compendium of promising, evidence-based PreK–12 STEM education practices, models, programs, and technologies; (3) identify barriers to widespread and sustained implementation of such innovations; and (4) make recommendations to the Foundation, the Department of Education, the National Science and Technology Council’s Committee on Science, Technology, Engineering, and Mathematics Education, State and local educational agencies, and other relevant stakeholders on measures to address such barriers. (b) Omitted (c) [Log 907 S2522] 11 So in original. National STEM Teacher Corps pilot(1) PurposeIt is the purpose of this subsection to elevate the profession of STEM teaching by establishing a National STEM Teacher Corps pilot program to recognize outstanding STEM teachers in our Nation’s classrooms, rewards 22 So in original. Probably should be “reward”. them for their accomplishments, elevates 33 So in original. Probably should be “elevate”. their public profile, and creates 44 So in original. Probably should be “create”. rewarding career paths to which all STEM teachers can aspire, both to prepare future STEM researchers and to create a scientifically literate public. (2) DefinitionsIn this subsection:(A) AdministratorThe term “Administrator” means the Administrator of the National STEM Teacher Corps. (B) Eligible entityThe term “eligible entity” means—(i) an institution of higher education; or (ii) a consortium consisting of an institution of higher education and one or more of the following:(I) A State educational agency (as defined in section 7801 of title 20). (II) A local educational agency (as defined in section 7801 of title 20). (III) An education nonprofit Association. (IV) A cross sector 55 So in original. Probably should be “cross-sector”. STEM organization. (V) A private entity, including a STEM-related business. (C) High-need schoolThe term “high-need school” has the meaning given the term in section 6631(b) of title 20. (D) Professional developmentThe term “professional Development” 66 So in original. Probably should not be capitalized. has the meaning given the term in section 7801 of title 20. (E) Corps AllianceThe term “Corps Alliance” means a regionally or topically based award under this subsection. (F) National STEM Teacher Corps Advisory BoardThe term “National STEM Teacher Corps Advisory Board” means the Advisory Board for the National STEM Teacher Corps established under paragraph (5). (3) Establishment of National STEM Teacher CorpsThe Director may, subject to the availability of appropriations, establish within the Foundation, a National STEM Teacher Corps 10-year pilot program to be administered by the Administrator, who shall be appointed by the Director. As appropriate, the Director may use existing NSF programs to establish and execute this program. (4) Duties of the AdministratorThe Administrator shall—(A) create a process and standards for selection of eligible applicants to become members of the National STEM Teacher Corps, including—(i) uniform selection criteria that includes 77 So in original. Probably should be “include”.—(I) deep knowledge of STEM content and pedagogy; (II) a passion for STEM subjects and dedication to teaching, evidence of leadership skills, and potential for continued career growth as an educator; and (III) demonstrated experience increasing STEM student achievement and STEM participation rates for all students, particularly those from rural and high-need schools; and (ii) a uniform selection process, including a comprehensive application that includes recommendations and other relevant professional information; (B) promote the National STEM Teacher Corps and elevate best practices that emerge from the National STEM Teacher Corps to a national audience; (C) evaluate the operation and effectiveness of the Corps alliances; and (D) evaluate the overall and long-term impact of the National STEM Teacher Corps by—(i) documenting, monitoring, and assessing the program outcomes or impact on the STEM careers of participants; and (ii) documenting, monitoring, and assessing the program outcomes for the STEM education profession nationwide, particularly for rural and high-need schools. (5) National STEM Teacher Corps Advisory Board(A) EstablishmentThere is established a National STEM Teacher Corps Advisory Board to advise the Director on matters pertaining to the National STEM Teacher Corps for the length of the pilot program. (B) Composition(i) In generalThe membership of the National STEM Teacher Corps Advisory Board shall—(I) be appointed by the Director; (II) include a representative from each of the following: School leaders, STEM researchers, STEM education researchers, Business leaders, PreK–12 STEM educators, and Students pursuing a postsecondary STEM degree; and (III) be geographically diverse. (ii) Existing committeeThe Director may assign the duties of the National STEM Teacher Corps Advisory Board to another advisory committee of the Foundation. (6) Duties of the Corps alliancesSubject to the availability of appropriated funds, the Administrator may make awards on a competitive, merit-review basis, to establish Corps alliances at eligible entities. Activities carried out by such alliances shall include—(A) engaging local partners, which may include local educational agencies, institutions of higher education, STEM organizations, or education nonprofit organizations, to—(i) develop and serve the community of National STEM Teacher Corps members within the region or topic area, in coordination with local partners to carry out day-to-day activities; (ii) coordinate professional development activities, including activities led by National STEM Teacher Corps members; (iii) connect National STEM Teacher Corps members with existing educator professional development programs and coordinate members’ involvement as cooperating teachers or mentors; (iv) seek opportunities to involve teachers who are not members of the National STEM Teacher Corps to participate in National STEM Teacher Corps activities; and (v) build partnerships with existing education organizations and other efforts by State educational agencies and local educational agencies that operate programs relevant to the National STEM Teacher Corps and its activities; (B) recruiting eligible applicants, with a focus on recruiting diverse STEM educators to advance equity based on race, ethnicity, sex, socioeconomic status, age, disability status, geography, and language ability; (C) screening, interviewing, and selecting members of the National STEM Teacher Corps using procedures and standards provided by the Administrator; (D) coordinating the online network that supports all National STEM Teacher Corps members in the region or topic area; (E) convening occasional meetings of National STEM Teacher Corps members in a region or topic area; (F) creating opportunities for the professional growth of National STEM Teacher Corps members, with a focus on increasing STEM student achievement and STEM participation rates for all students, particularly those from rural and high-need schools; and (G) supporting the retention and success of National STEM Teacher Corps members in the region or topic area. (7) Duties of members of the National STEM Teacher CorpsAn applicant that is selected by a Corps alliance to be a member of the National STEM Teacher Corps shall—(A) serve a 4-year term with a possibility of reappointment; (B) receive an annual stipend in an amount not less than $10,000; and (C) have substantial responsibilities, including—(i) working with other members of the National STEM Teacher Corps to develop and improve innovative teaching practices, including practices such as inquiry-based learning; (ii) participating in professional development in innovative teaching methodology and mentorship; and (iii) continuing to excel in teaching the member’s own students, with a focus on advancing equity by spending additional time teaching and coaching underserved students to increase STEM student achievement and STEM participation rates for students from rural and high-need schools. (8) EvaluationThe Director, acting through the Administrator, shall submit a report to Congress after the third year of the pilot program that includes—(A) an assessment, drawing on the evaluations the Administrator shall conduct under subparagraphs (C) and (D) of paragraph (4), and other sources of information, of the effectiveness of the pilot program in recruiting and retaining high-quality STEM teachers in the selected regions or topic areas, particularly in high-need and rural schools; and (B) if deemed effective, a proposal to Congress for permanent implementation of the pilot program. (9) SunsetThe authority to carry out this subsection shall terminate on the date that is 15 years after August 9, 2022. (10) Authorization of appropriationsThere are authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2032 to carry out this subsection.

42 U.S.C. § 18992 Undergraduate STEM education

(a) Research on STEM education and workforce needsThe Director shall make awards, on a competitive basis, to four-year institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support research and development activities to—(1) encourage greater collaboration and coordination between institutions of higher education and industry to enhance education, foster hands-on learn experiences, and improve alignment with workforce needs; (2) understand the current composition of the STEM workforce and the factors that influence growth, retention, and development of that workforce; (3) increase the size, diversity, capability, and flexibility of the STEM workforce; and (4) increase dissemination and widespread adoption of effective practices in undergraduate education and workforce development. (b) Omitted (c) Innovations in STEM education at community colleges(1) In generalThe Director shall make awards on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to advance research on the nature of learning and teaching at community colleges and to improve outcomes for students who enter the workforce upon completion of their STEM degree or credential or transfer to 4-year institutions, including by—(A) examining how to scale up successful programs at community colleges that are improving student outcomes in foundational STEM courses; (B) supporting research on effective STEM teaching practices in community college settings; (C) designing and developing new STEM curricula; (D) providing STEM students with hands-on training and research experiences, internships, and other experiential learning opportunities; (E) increasing access to high quality STEM education through new technologies; (F) re-skilling or up-skilling incumbent workers for new STEM jobs; (G) building STEM career and seamless transfer pathways; and (H) developing novel mechanisms to identify and recruit talent into STEM programs, in particular talent from groups historically underrepresented in STEM. (2) PartnershipsIn carrying out activities under this subsection, the Director shall encourage applications to develop, enhance, or expand cooperative STEM education and training partnerships between institutions of higher education, industry, and labor organizations. (d) Improving access to STEM education at career and technical education institutions(1) In generalThe Director shall make awards, on a competitive basis, to institutions of higher education (including postsecondary vocational institutions) to support career and technical education in STEM and computer science related fields. (2) PriorityIn making awards under this subsection, the Director shall give priority to institutions that demonstrate effective strategies to recruit and provide career and technical education to veterans and members of the Armed Forces transitioning to the private sector workforce. (3) Career and technical education definedIn this subsection, the term “career and technical education” has the meaning given that term in section 2302 of title 20. (e) Course-based undergraduate research experiences(1) In generalThe Director shall carry out a 4-year pilot program under which the Director shall make awards, on a competitive basis, to institutions of higher education and nonprofit organizations (or consortia of such institutions or organizations) to establish a total of not fewer than five Centers to develop and scale up successful models for providing undergraduate students with hands-on, course-based research experiences. (2) Use of fundsAwards made under this paragraph shall be used to—(A) develop, assess, and disseminate models for providing undergraduate students with course-based research experiences across STEM disciplines and education levels; (B) identify and address opportunities and challenges in facilitating implementation across a broad range of institution types, including historically Black colleges and universities, Tribal Colleges or Universities, minority serving institutions and community colleges; (C) identify and develop best practices to address barriers for faculty, including institutional culture, resources, and incentive structures; (D) identify and address factors that may facilitate or discourage participation by students from all backgrounds; (E) provide faculty with curriculum, professional development, training, networking opportunities, and other support to enable the development, adaptation, or expansion of a course-based research experience; and (F) collect data and carry out research to evaluate the impacts of course-based undergraduate research experiences on the STEM workforce. (3) PartnershipsIn making awards under this paragraph, the Director shall consider the extent to which the proposed Center will establish partnerships among multiple types of academic institutions, including community colleges, emerging research institutions, EPSCoR institutions, historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions, the private sector, and other relevant stakeholders in supporting programs and activities to facilitate faculty training and the widespread and sustained implementation of promising, evidence-based practices, models, programs, and curriculum. (4) ReportNot later than 180 days after the date on which the pilot program is completed, the Director shall submit to Congress a report that includes—(A) an assessment, that includes feedback from the research community, of the effectiveness of the pilot program in increasing the number, diversity, and workforce readiness of STEM graduates; and (B) if determined to be effective, a plan for permanent implementation of the pilot program.

42 U.S.C. § 18993 Graduate STEM education

(a) Mentoring and professional development(1) Mentoring plans(A) Omitted (B) EvaluationNot later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to evaluate the effectiveness of the postdoctoral mentoring plan requirement for improving mentoring for Foundation-supported postdoctoral researchers. (2) Career exploration(A) In generalThe Director shall make awards, on a competitive basis, to institutions of higher education and nonprofit organizations (or consortia of such institutions or organizations) to develop innovative approaches for facilitating career exploration of academic and nonacademic career options and for providing opportunity-broadening experiences, including work-integrated opportunities, for graduate students and postdoctoral scholars that can then be considered, adopted, or adapted by other institutions and to carry out research on the impact and outcomes of such activities. (B) Review of proposalsIn selecting award recipients under this subparagraph, the Director shall consider, at a minimum—(i) the extent to which the administrators of the institution are committed to making the proposed activity a priority; and (ii) the likelihood that the institution or organization will sustain or expand the proposed activity effort beyond the period of the award. (3) Development plansThe Director shall require that annual project reports for awards that support graduate students and postdoctoral scholars include certification by the principal investigator that each graduate student and postdoctoral scholar receiving substantial support from such award, as determined by 11 So in original. has developed and annually updated an individual development plan to map educational goals, career exploration, and professional development. (4) Professional development supplementThe Director shall carry out a five-year pilot initiative to award up to 2,500 administrative supplements of up to $2,000 to existing research awards annually, on a competitive basis, to support professional development experiences for graduate students and postdoctoral researchers who receive a substantial portion of their support under such award, as determined by the Director. Not more than 10 percent of supplements awarded under this subparagraph 22 So in original. Probably should be “paragraph”. may be used to support professional development experiences for postdoctoral researchers. (5) Graduate education researchThe Director shall make awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support research on the graduate education system and outcomes of various interventions and policies, including—(A) the effects of traineeships, fellowships, internships, and teaching and research assistantships on outcomes for graduate students; (B) the effects of graduate education and mentoring policies and procedures on degree completion, including differences by—(i) sex, race and ethnicity, and citizenship; and (ii) student debt load; (C) the development and assessment of new or adapted interventions, including approaches that improve mentoring relationships, develop conflict management skills, and promote healthy research teams; and (D) research, data collection, and assessment of the state of graduate student mental health and wellbeing, factors contributing to and consequences of poor graduate student mental health, and the development, adaptation, and assessment of evidence-based strategies and policies to support emotional wellbeing and mental health. (b) Graduate Research Fellowship Program update(1) Sense of CongressIt is the sense of Congress that the Foundation should increase the number of new graduate research fellows supported annually over the next 5 years to no fewer than 3,000 fellows. (2) Omitted (3) Cybersecurity scholarships and graduate fellowshipsThe Director shall ensure that students pursuing master’s degrees and doctoral degrees in fields relating to cybersecurity are eligible to apply for scholarships and graduate fellowships under the Graduate Research Fellowship Program under section 1869 of this title. (c) Study on graduate student funding(1) In generalNot later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to evaluate—(A) the role of the Foundation in supporting graduate student education and training through fellowships, traineeships, and other funding models; and (B) the impact of different funding mechanisms on graduate student experiences and outcomes, including whether such mechanisms have differential impacts on subsets of the student population. (2) ReportNot later than 1 year after August 9, 2022, the Director shall publish the results of the evaluation carried out under paragraph (1), including a recommendation for the appropriate balance between fellowships, traineeships, and other funding models. (d) [LOG 165 H10304(g)/S2208] 1 AI scholarship-for-service(1) Definition of executive agencyIn this subsection, the term “executive agency” has the meaning given the term “Executive agency” in section 105 of title 5. (2) AI scholarship-for-service initiative reportNot later than 1 year after August 9, 2022, the Director, in coordination with the Office of Personnel Management, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a report on the need and feasibility, and if appropriate, plans to implement a program to recruit and train the next generation of artificial intelligence professionals to meet the needs of Federal, State, local, and Tribal governments. The report shall include—(A) recent statistical data on the size, composition, and educational requirements of the Federal AI workforce, including an assessment of current and future demand for additional AI professionals across the Federal Government; (B) an assessment of the capacity of institutions of higher education to produce graduates with degrees, certifications, and relevant skills related to artificial intelligence that meet the current and future needs of the Federal workforce; and (C) an evaluation of the need for and feasibility of establishing a scholarship-for-service program to recruit and train the next generation of artificial intelligence professionals to meet the needs of Federal, State, local, and Tribal governments, including opportunities for leveraging existing processes and resources for administering the Federal Cyber Scholarship-for-Service Program established under section 7442 of title 15 in standing up such a program. (3) Program establishmentUpon submitting the report required in paragraph (2), the Director, in coordination with the Director of the Office of Personnel Management, the Director of the National Institute of Standards and Technology, and the heads of other agencies with appropriate scientific knowledge, is authorized to establish a Federal artificial intelligence scholarship-for-service program (referred to in this section as the Federal AI Scholarship-for-Service Program) to recruit and train artificial intelligence professionals to lead and support the application of artificial intelligence to the missions of Federal, State, local, and Tribal governments. (4) Qualified institution of higher educationThe Director, in coordination with the heads of other agencies with appropriate scientific knowledge, shall establish criteria to designate qualified institutions of higher education that shall be eligible to participate in the Federal AI Scholarship-for-Service program. Such criteria shall include—(A) measures of the institution’s demonstrated excellence in the education of students in the field of artificial intelligence; and (B) measures of the institution’s ability to attract and retain a diverse and nontraditional student population in the fields of science, technology, engineering, and mathematics, which may include the ability to attract women, minorities, and individuals with disabilities. (5) Program description and componentsThe Federal AI Scholarship-for-Service Program shall—(A) provide scholarships through qualified institutions of higher education to students who are enrolled in programs of study at institutions of higher education leading to degrees or concentrations in or related to the artificial intelligence field; (B) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal workforce focusing on AI projects or research; (C) prioritize the employment placement of scholarship recipients in executive agencies; (D) identify opportunities to promote multi-disciplinary programs of study that integrate basic or advanced AI training with other fields of study, including those that address the social, economic, legal, and ethical implications of human interaction with AI systems; (E) support capacity-building education research programs that will enable postsecondary educational institutions to expand their ability to train the next-generation AI workforce, including AI researchers and practitioners; (F) create courses or training programs in technology ethics for students receiving scholarships; and (G) award fellowships to masters and doctoral students who are pursuing degrees or research in artificial intelligence and related fields, including in the field of technology ethics. (6) Scholarship amountsEach scholarship under paragraph (5) shall be in an amount that covers the student’s tuition and fees at the institution for not more than 3 years and provides the student with an additional stipend. (7) Post-award employment obligationsEach scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree, in the AI mission of—(A) an executive agency; (B) Congress, including any agency, entity, office, or commission established in the legislative branch; (C) an interstate agency; (D) a State, local, or Tribal government, which may include instruction in AI-related skill sets in a public school system; or (E) a State, local, or Tribal government-affiliated nonprofit entity that is considered to be critical infrastructure (as defined in section 5195c(e) of this title). (8) Hiring authority(A) Appointment in excepted serviceNotwithstanding any provision of chapter 33 of title 5, governing appointments in the competitive service, an executive agency may appoint an individual who has completed the eligible degree program for which a scholarship was awarded to a position in the excepted service in the executive agency. (B) Noncompetitive conversionExcept as provided in subparagraph (D), upon fulfillment of the service term, an employee appointed under subparagraph (A) may be converted noncompetitively to term, career-conditional, or career appointment. (C) Timing of conversionAn executive agency may noncompetitively convert a term employee appointed under subparagraph (B) to a career-conditional or career appointment before the term appointment expires. (D) Authority to decline conversionAn executive agency may decline to make the noncompetitive conversion or appointment under subparagraph (B) for cause. (9) EligibilityTo be eligible to receive a scholarship under this section, an individual shall—(A) be a citizen or lawful permanent resident of the United States; (B) demonstrate a commitment to a career in advancing the field of AI; (C) be—(i) a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director; (ii) a student pursuing a degree on a less than full-time basis, but not less than half-time basis; or (iii) an AI faculty member on sabbatical to advance knowledge in the field; and (D) accept the terms of a scholarship under this section. (10) Conditions of support(A) In generalAs a condition of receiving a scholarship under this section, a recipient shall agree to provide the qualified institution of higher education with annual verifiable documentation of post-award employment and up-to-date contact information. (B) TermsA scholarship recipient under this section shall be liable to the United States as provided in paragraph (12) if the individual—(i) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Director; (ii) is dismissed from the applicable institution of higher education for disciplinary reasons; (iii) withdraws from the eligible degree program before completing the program; (iv) declares that the individual does not intend to fulfill the post-award employment obligation under this section; or (v) fails to fulfill the post-award employment obligation of the individual under this section. (11) Monitoring complianceAs a condition of participating in the program, a qualified institution of higher education shall—(A) enter into an agreement with the Director to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and (B) provide to the Director, on an annual basis, the post-award employment documentation required under paragraph (10) for scholarship recipients through the completion of their post-award employment obligations. (12) Amount of repayment(A) Less than 1 year of serviceIf a circumstance described in paragraph (10) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall—(i) be repaid; or (ii) be treated as a loan to be repaid in accordance with paragraph (13). (B) 1 or more years of serviceIf a circumstance described in clause (iv) or (v) of paragraph (10)(B) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall—(i) be repaid; or (ii) be treated as a loan to be repaid in accordance with paragraph (13). (13) RepaymentsA loan described in paragraph (12) shall—(A) be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and (B) be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education). (14) Collection of repayment(A) In generalIn the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall—(i) determine the repayment amounts and notify the recipient and the Director of the amounts owed; and (ii) collect the repayment amounts within a period of time as determined by the Director, or the repayment amounts shall be treated as a loan in accordance with paragraph (13). (B) Returned to TreasuryExcept as provided in subparagraph (C), any repayment under this subsection shall be returned to the Treasury of the United States. (C) Retain percentageA qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director shall establish a fixed percentage that will apply to all eligible entities, and may update this percentage as needed, in the determination of the Director. (15) ExceptionsThe Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (16) Public information(A) EvaluationThe Director, in coordination with the Director of the Office of Personnel Management, shall annually evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector AI workforce, including information on—(i) placement rates; (ii) where students are placed, including job titles and descriptions; (iii) salary ranges for students not released from obligations under this section; (iv) how long after graduation students are placed; (v) how long students stay in the positions they enter upon graduation; (vi) how many students are released from obligations; and (vii) what, if any, remedial training is required. (B) ReportsThe Director, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every 3 years, to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives a report, including the results of the evaluation under subparagraph (A) and any recent statistics regarding the size, composition, and educational requirements of the Federal AI workforce. (C) ResourcesThe Director, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable—(i) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the AI field; and (ii) a modernized description of AI careers. (17) RefreshNot less than once every 2 years, the Director, in coordination with the Director of the Office of Personnel Management, shall review and update the Federal AI Scholarship-for-Service Program to reflect advances in technology.

42 U.S.C. § 18994 STEM workforce data

(a) Skilled technical workforce portfolio review(1) In generalNot later than 1 year after August 9, 2022, the Director shall conduct a full portfolio analysis of the Foundation’s skilled technical workforce investments across all Directorates in the areas of education, research, infrastructure, data collection, and analysis. (2) ReportNot later than 180 days after the date of the review under paragraph (1) is complete, the Director shall submit to Congress and make widely available to the public a summary report of the portfolio review. (b) Survey data(1) Rotating topic modulesTo meet evolving needs for data on the state of the science and engineering workforce, the Director shall assess, through coordination with other Federal statistical agencies and drawing on input from relevant stakeholders, the feasibility and benefits of incorporating questions or topic modules to existing National Center for Science and Engineering Statistics surveys that would vary from cycle to cycle. (2) New dataNot later than 1 year after August 9, 2022, the Director shall submit to Congress and the Board the results of an assessment, carried out in coordination with other Federal agencies and with input from relevant stakeholders, of the feasibility and benefits of incorporating new questions or topic modules to existing National Center for Science and Engineering Statistics surveys on—(A) the skilled technical workforce; (B) working conditions and work-life balance; (C) harassment and discrimination; (D) immigration and emigration; and (E) any other topics at the discretion of the Director. (3) Longitudinal designThe Director shall continue and accelerate efforts to enhance the usefulness of National Center for Science and Engineering Statistics survey data for longitudinal research and analysis. (4) Government Accountability Office reviewNot later than 1 year after August 9, 2022, the Comptroller General of the United States shall submit a report to Congress that—(A) evaluates Foundation processes for ensuring the data and analysis produced by the National Center for Science and Engineering Statistics meets current and future needs; and (B) includes such recommendations as the Comptroller General determines are appropriate to improve such processes.

42 U.S.C. § 18995 Cyber workforce development research and development

(a) In generalThe Director shall make awards on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to carry out research on the cyber workforce. (b) ResearchIn carrying out research pursuant to subsection (a), the Director shall support research and development activities to—(1) understand the current state of the cyber workforce, including factors that influence growth, retention, and development of that workforce; (2) examine paths to entry and re-entry into the cyber workforce; (3) understand trends of the cyber workforce, including demographic representation, educational and professional backgrounds present, competencies available, and factors that shape employee recruitment, development, and retention and how to increase the size, diversity, and capability of the cyber workforce; (4) examine and evaluate training practices, models, programs, and technologies; and (5) other closely related topics as the Director determines appropriate. (c) RequirementsIn carrying out the activities described in subsection (b), the Director shall—(1) collaborate with the National Institute of Standards and Technology, including the National Initiative for Cybersecurity Education, the Department of Homeland Security, the Department of Defense, the Office of Personnel Management, and other Federal departments and agencies, as appropriate; (2) align with or build on the National Initiative on Cybersecurity Education Cybersecurity Workforce Framework wherever practicable and applicable; (3) leverage the collective body of knowledge from existing cyber workforce development research and education activities; and (4) engage with other Federal departments and agencies, research communities, and potential users of information produced under this subsection.

42 U.S.C. § 18996 Cybersecurity workforce data initiative

The Director, acting through the National Center for Science and Engineering Statistics established in section 1862p of this title and in coordination with the Director of the National Institute of Standards and Technology and other appropriate Federal statistical agencies, shall establish a cybersecurity workforce data initiative that— (1) assesses the feasibility of providing nationally representative estimates and statistical information on the cybersecurity workforce; (2) utilizes the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NIST Special Publication 800–181), or other frameworks, as appropriate, to enable a consistent measurement of the cybersecurity workforce; (3) utilizes and complements existing data on employer requirements and unfilled positions in the cybersecurity workforce; (4) consults key stakeholders and the broader community of practice in cybersecurity workforce development to determine data requirements needed to strengthen the cybersecurity workforce; (5) evaluates existing Federal survey data for information pertinent to developing national estimates of the cybersecurity workforce; (6) evaluates administrative data and other supplementary data sources, as available, to describe and measure the cybersecurity workforce; and (7) collects statistical data, to the greatest extent practicable, on credential attainment and employment outcomes information for the cybersecurity workforce.

42 U.S.C. § 18997 Microelectronics workforce development activities

(a) Creating helpful initiatives to produce personnel in needed growth industries(1) In generalThe Director shall make awards to institutions of higher education, non-profit organizations, or consortia thereof, for research, development, and related activities to advance innovative approaches to developing, improving, and expanding evidence-based education and workforce development activities and learning experiences at all levels of education in fields and disciplines related to microelectronics. (2) PurposesActivities carried out under this section shall be for the purpose of supporting the growth, retention, and development of a diverse and sustainable microelectronics workforce to meet the requirements of the programs established in section 4656(c)(2)(C) of title 15 in support of the evolving needs of industry, academia, government, and Federal laboratories. (3) Uses of fundsAwards made under this section shall be used to support activities, such as—(A) development of industry-oriented curricula and teaching modules for topics relevant to microelectronics, including those that provide meaningful hands-on learning experiences; (B) dissemination of materials developed in subparagraph (A), including through the creation and maintenance of a publicly-accessible database and online portal; (C) development and implementation of training, research, and professional development programs for teachers, including innovative pre-service and in-service programs, in microelectronics and related fields; (D) support for learning activities and experiences that provide physical, simulated, or remote access to training facilities and industry-standard processes and tools, including equipment and software for the design, development, manufacturing, and testing of microelectronics; (E) increasing the integration of microelectronics content into STEM curricula at all education levels; (F) Growing 11 So in original. Probably should not be capitalized. academic research capacity in microelectronics by incentivizing the hiring of faculty in fields critical to microelectronics; (G) support for innovative industry pathway programs that connect high school, vocational, military, college, and graduate programs; and (H) providing informal hands-on microelectronics learning opportunities for PreK-12 students in different learning environments, including competitions. (4) Advanced microelectronics traineeships(A) In generalThe Director shall make awards to institutions of higher education or nonprofit organizations (or consortia of such institutions and organizations) to establish traineeship programs for graduate students who pursue microelectronics research leading to a masters or doctorate degree by providing funding and other assistance, and by providing graduate students with opportunities for research experiences in government or industry related to the students’ microelectronics studies. (B) Use of fundsInstitutions of higher education or non-profit organizations (or consortia of such institutions and organizations) shall use award funds provided under subparagraph (A) for the purposes of—(i) paying tuition and fees, and providing stipends, for students receiving traineeships who are citizens, nationals, or aliens lawfully admitted for permanent residence; (ii) facilitating opportunities for scientific internship programs for students receiving traineeships in microelectronics at private industry, nonprofit research institutions, or Federal laboratories; and (iii) such other costs associated with the administration of the program. (5) Microelectronics skilled technical workforce programsThe Director shall make awards under the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862h-j) to support programs for skilled technical workers in STEM disciplines that are aligned with skilled workforce needs of the microelectronics industry and lead to an associate’s degree, or equivalent certification, by providing funding and other assistance, including opportunities for internships and other hands-on experiences in industry related to the students’ microelectronics studies. (6) Microelectronics research experiences through existing programsThe Director shall seek to increase opportunities for microelectronics research for students and trainees at all levels by encouraging proposals in microelectronics through existing programs including—(A) research experiences for undergraduates pursuant to section 1862p–6 of this title; (B) postdoctoral fellowship programs established pursuant to section 1862p–11 of this title; (C) graduate fellowships established pursuant to section 1869 of this title; (D) informal STEM education programs established pursuant to section 1862q of this title; (E) the Robert Noyce Teacher Scholarship Program established pursuant to section 1862n–1 of this title; (F) major research instrumentation programs established pursuant to section 1862o–14 of this title; and (G) low-income 22 So in original. Probably should be preceded by “the”. scholarship program established pursuant to section 1869c of this title. (7) Industry partnershipsIn carrying out the activities under this section, the Director shall encourage awardees to partner with industry and other private sector organizations to facilitate the expansion of workforce pipelines and enable access to industry-standard equipment and software for use in undergraduate and graduate microelectronics education programs. (8) Interagency coordinationIn carrying out activities under this section, the Director shall collaborate with the Subcommittee on Microelectronics Leadership of the National Science and Technology Council, established in subsection (a) of section 4656 of title 15 and the National Semiconductor Technology Center established in subsection (c) of section 4656 of title 15, and other relevant Federal agencies to maintain the effectiveness of microelectronics workforce development activities across the agencies. (b) National Network for Microelectronics Education(1) In generalThe Director, in coordination with the Secretary of Commerce, shall on a competitive, merit-reviewed basis, make awards to institutions of higher education and non-profit organizations (or consortia of such institutions and organizations) to establish partnerships to enhance and broaden participation in microelectronics education. (2) ActivitiesAwards made under this subsection shall be used for the following:(A) To conduct training and education activities funded by awards under paragraph (1) and in coordination with the Network Coordination Hub established in paragraph (3), including curricula design, development, dissemination, and assessment, and the sharing of information and best practices across the network of awardees. (B) To develop regional partnerships among associate-degree-granting colleges, bachelor-degree-granting institutions, workforce development programs, labor organizations, and industry to create a diverse national technical workforce trained in microelectronics and ensure education and training is meeting the evolving needs of industry. (C) To develop local workforce pipelines that align with capacity investments made by industry and the Federal government, including vocational and high school training programs, community college degrees and certificates, veteran post service opportunities, and mentoring. (D) To facilitate partnerships with employers, employer consortia or other private sector organizations that offer apprenticeships, internships, or applied learning experiences in the field of microelectronics. (E) To develop shared infrastructure available to institutions of higher education, two-year colleges, and private organizations to enable experiential learning activities and provide physical or digital access to training facilities and industry-standard tools and processes. (F) To create and disseminate public outreach to support awareness of microelectronics education and career opportunities, including through outreach to PreK–12 schools and STEM-related organizations. (G) To collaborate and coordinate with industry and existing public and private organizations conducting microelectronics education and workforce development activities, as practicable. (3) Network coordination hubThe Director shall make an award on a competitive, merit-reviewed basis to an institution of higher education or nonprofit organization (or a consortium thereof) to establish a national network of partnerships (referred to in this section as the “National Network for Microelectronics Education”) to coordinate activities, best practice sharing, and access to facilities across the partnerships established in accordance with paragraph (1). (4) Incentivizing participationTo the extent practicable, the Director shall encourage participation in the National Network for Microelectronics Education through the coordination of activities and distribution of awards described in subsection (a). (5) PartnershipsThe Director shall encourage the submission of proposals that are led by historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions or that include partnerships with or among such institutions to increase the recruitment of students from groups historically underrepresented in STEM to pursue graduate studies in microelectronics. (6) OutreachIn addition to any other requirements as determined appropriate by the Director, the Director shall require that proposals for awards under this section shall include a description of how the applicant will develop and implement outreach activities to increase the participation of women and other students from groups historically underrepresented in STEM. (7) Coordination across foundation programsIn carrying out the activities under this section, the Director shall ensure awardees coordinate with, and avoid unnecessary duplication of, the activities carried out under this Section 1 with the activities of the 21st Century Nanotechnology Research and Development Act (Public Law 108–153), the National Quantum Initiative Act (Public Law 115–368), and Division E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and other related programs, as appropriate. (8) Interagency coordinationIn carrying out activities under this section, the Director shall collaborate with the Subcommittee on Microelectronics Leadership of the National Science and Technology Council, established in subsection (a) of section 4656 of title 15 and the National Semiconductor Technology Center established in subsection (c) of section 4656 of title 15.

42 U.S.C. § 18998 Mandatory cost-sharing

(a) WaiverThe cost-sharing requirements under section 1862o-14(c) of this title for the Major Research Instrumentation Program and under section 1862n-1a(i) of this title for teaching fellowships administered within the Robert Noyce Teacher Scholarship Program are waived for a period of 5 years following August 9, 2022. (b) AssessmentNot later than 5 years following August 9, 2022, 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; (3) institutional strategic planning and administrative burden; (4) equity among recipient institutions; and (5) recommendations for or against extending or making permanent such waivers.

42 U.S.C. § 18999 Programs to address the STEM workforce

(a) In generalThe Director shall issue undergraduate scholarships, including at community colleges, graduate fellowships and traineeships, postdoctoral awards, and, as appropriate, other awards, to address STEM workforce gaps, including for programs that recruit, retain, and advance students to a bachelor’s degree in a STEM discipline concurrent with a secondary school diploma, such as through existing and new partnerships with State educational agencies. (b) Postdoctoral professional developmentIn carrying out this section, the Director shall encourage innovation in postdoctoral professional development, support 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 more than 2 years. Such fellowships or temporary rotational 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 generalThe head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate described in paragraph (2) directly 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 postingParagraph (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 (B) successfully fulfilled the requirements of the fellowship or temporary rotational posting within a Federal agency. (3) LimitationThe 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 requirements related to the fellowship or temporary rotational posting described under this subsection. (d) Existing programsIn carrying out this section, the Director may leverage existing programs, including programs that issue—(1) postdoctoral awards; (2) graduate fellowships and traineeships, inclusive of the NSF Research Traineeships and fellowships awarded under the Graduate Research Fellowship Program; (3) scholarships, research experiences, and internships, including—(A) scholarships to attend community colleges; and (B) research experiences and internships under sections 1862p–5, 1862p–6, and 1862p–7 of this title; and (4) awards to institutions of higher education to enable the institutions to fund innovation in undergraduate and graduate education, increased educational capacity, and the development and establishment 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.

42 U.S.C. § 19011 Robert Noyce Teacher Scholarship program update

(a) Sense of CongressIt 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 1862n–1 of this title by 50 percent. (b) OutreachTo increase the diversity of participants, the Director shall support symposia, forums, conferences, and other activities to expand and enhance outreach to—(1) historically Black colleges and universities; (2) Tribal Colleges or Universities; (3) minority-serving institutions; (4) institutions of higher education that are located near or serve rural communities, including EPSCoR institutions; (5) labor organizations; (6) emerging research institutions; and (7) higher education programs that serve or support veterans.

42 U.S.C. § 19012 NSF Eddie Bernice Johnson INCLUDES Initiative

(a) In generalThe 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 carry out a comprehensive national 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 nameThe initiative under subsection (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 Initiative”.

42 U.S.C. § 19013 Broadening participation on major facilities awards

The Director shall require organizations seeking a cooperative 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 participation in science and engineering and ensure implementation of such practices is considered in oversight of the award.

42 U.S.C. § 19014 Expanding geographic and institutional diversity in research

(a) Continuing support for EPSCoR(1) Sense of CongressIt is the sense of Congress that—(A) because maintaining the Nation’s scientific and economic leadership requires the participation 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 experimental component by supporting innovative methods for improving research capacity and competitiveness; and (C) the Director should carry out this subsection while maintaining or increasing proposal success rates at emerging research institutions throughout the United States and without precluding access to awards for such institutions. (2) Omitted (3) Geographic diversity and inclusion(A) In generalTo 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, excluding those amounts made available for polar research and operations support (and operations and maintenance of research facilities), shall be awarded to EPSCoR institutions. (B) ScholarshipsTo the maximum extent practicable, not less than—(i) 16 percent in fiscal year 2023, (ii) 18 percent in fiscal year 2024, and (iii) 20 percent in each of fiscal years 2025 through 2029, of the amounts appropriated to the Foundation for scholarships (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards shall be used to support EPSCoR institutions. (C) ConsiderationsThe 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 programs, to promote the development of sustainable research and academic personnel; (iii) partnerships between eligible organizations in EPSCoR and non-EPSCoR jurisdictions, to develop administrative, grant management, and proposal writing capabilities in EPSCoR jurisdictions; (iv) capacity building activities for emerging research institutions, historically Black colleges and universities, Tribal Colleges or Universities, and minority serving institutions, consistent with this section and section 19183 of this title; and (v) leveraging the Partnerships for Innovation program, as well as the Foundation coordination role in the Department of Commerce technology and innovation hub program under section 3722a of title 15 as added by section 10621, to build sustainable innovation ecosystems in EPSCoR jurisdictions. (D) Merit reviewThe Director shall achieve the percentages specified in this paragraph to the maximum extent practicable, consistent with the National Science Foundation merit review process. (E) ConsortiaIn the case of an award to a consortium, the Director may count the entire award toward meeting the funding requirements of subparagraph (A) if the lead entity of the consortium is located in an EPSCoR institution 11 So in original. Probably should be followed by a period. (F) Annual reportingBeginning 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 capacity, including both infrastructure and personnel, in EPSCoR jurisdictions, including at historically Black colleges and universities, 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 reportNot later than December 31, 2026, the Director shall submit to Congress a report containing an analysis of the impacts of the requirements under subparagraphs (A) and (B). The report shall include—(i) an analysis of how the requirements under this paragraph affected the balance of total funding awarded by the Foundation to states and territories across the United States; (ii) an analysis of any changes in award success and total funding awarded to Historically black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, and emerging research institutions between August 9, 2022, and December 31, 2026; (iii) an analysis of the gains in academic research capacity, quality, and competitiveness and in science and technology human resource development in EPSCoR jurisdictions made between August 9, 2022, and December 31, 2026; (iv) an assessment of EPSCoR eligibility criteria and determination on whether new eligibility criteria should be developed based on the findings from clauses (i), (ii), and (iii); and (v) a plan to sustain and grow improvements in research capacity and competitiveness in EPSCoR jurisdictions. (H) EPSCoR eligibility(i) In generalThe Director shall ensure eligibility for current EPSCoR jurisdictions for five years from August 9, 2022, after which the Director shall determine whether new eligibility criteria should be developed based on the findings in the report required under subparagraph (G). (ii) ReportNot later than December 31, 2028, the Director shall report to Congress regarding any new eligibility criteria determined under clause (i), any changes to jurisdictional eligibility based on such criteria, and the necessity and practicality of continuing or modifying the requirement under subparagraph (A) given any such changes to eligibility. The report shall include an analysis of options to support regions in non-EPSCoR jurisdictions, adjacent to EPSCoR jurisdictions, that historically receive disproportionately low levels of funding from the Foundation, including, if appropriate, options to expand the EPSCoR program or to establish new programs. (b) Fostering STEM research diversity and capacity program(1) In generalThe Director shall make awards on a competitive, merit-reviewed basis to eligible institutions to implement and study innovative approaches for building research capacity in order to engage and retain students from a range of institutions and diverse backgrounds in STEM. (2) Eligible institution definedIn 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 development expenditures during the 3-year period prior to the year of the award. (3) PurposeThe activities under this subsection shall be focused on achieving simultaneous impacts at the student, faculty, and institutional levels by increasing the research capacity at eligible institutions and the number of undergraduate and graduate students pursuing STEM degrees from eligible institutions. (4) RequirementsIn carrying out this program, the Director shall—(A) require eligible institutions seeking funding under this subsection to submit an application to the Director at such time, in such manner, containing such information and assurances as the Director may require. The application 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 disciplines and focus areas in which the eligible institution can excel, and explain how the applicant will use the award to build capacity to bolster the institutional research competitiveness of eligible entities to support awards made by the Foundation and increase regional and national capacity in STEM; (C) require the awards funded under this subsection to support research and related activities, which may include—(i) development or expansion of research programs in disciplines and focus areas in subparagraph (B); (ii) faculty recruitment and professional development in disciplines and focus 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 subparagraph (B); (iv) acquisition of instrumentation necessary to build research capacity at an eligible institution in disciplines and focus areas in subparagraph (B); (v) an assessment of capacity-building and research infrastructure needs; (vi) administrative research development support; and (vii) other activities necessary to build research capacity; and (D) require that no eligible institution should receive more than $10,000,000 in any single year of funds made available under this section. (5) Additional considerationsIn making awards under this subsection, the Director may also consider—(A) the extent to which the applicant will support students from diverse backgrounds, including first-generation undergraduate students; (B) the geographic and institutional diversity of the applying institutions; and (C) how the applicants can leverage public-private partnerships and existing partnerships with Federal Research Agencies. (6) DuplicationThe Director shall ensure the awards made under this subsection are complementary and not duplicative of existing programs. (7) ReportThe Director shall submit a report 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 institutional diversity of institutions of higher education receiving research awards from the Foundation; (B) an assessment of the quality, quantity, and geographic and institutional diversity of institutions of higher education conducting Foundation-sponsored research since the establishment of the program in this subsection; (C) an assessment of the quantity and diversity of undergraduate and graduate students graduating from eligible institutions with STEM degrees; and (D) statistical summary data on the program, including the geographic and institutional allocation of award funding, the number and diversity of supported graduate and undergraduate students, and how it contributes to capacity building at eligible entities. (8) Authorization of appropriationsThere 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 institutions(1) In generalThe Director shall establish a five-year pilot program for awards to research partnerships that involve emerging research institutions and may involve institutions classified as very high research activity by the Carnegie Classification of Institutions of Higher Education at the time of application. (2) RequirementsIn carrying out this program, the Director shall—(A) require that each proposal submitted by a multi-institution collaboration for an award, including those under part G of this subchapter, that exceeds $1,000,000, as appropriate, specify how the applicants will support substantive, meaningful, 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 institutions; (C) require recipients funded under this subsection to report on the partnership activities as part of the annual reporting requirements of the Foundation; and (D) solicit feedback on the partnership directly from partner emerging research institutions, in such form as the Director deems appropriate. (3) Capacity buildingFunds awarded to emerging research institutions under this subsection may be used to build research capacity, including through support for faculty salaries and training, field and laboratory research experiences for undergraduate and graduate students, and maintenance and repair of research equipment and instrumentation. (4) ReportThe Director shall submit a report to Congress after the third year of the pilot program that includes—(A) an assessment, drawing on feedback from the research community and other sources of information, of the effectiveness of the pilot program for improving the quality of partnerships with emerging research institutions; and (B) if deemed effective, a plan for permanent implementation of the pilot program.

42 U.S.C. § 19015 Diversity in tech research

The Director shall make awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support basic, applied, and use-inspired research that yields a scientific evidence base for improving the design and emergence, development and deployment, and management and ultimate effectiveness of entities involved in technology research, including research related to diversity and inclusion in the technology sector.

42 U.S.C. § 19016 Chief Diversity Officer of the NSF

(a) Chief Diversity Officer(1) AppointmentThe Director shall appoint a senior agency official within the Office of the Director as a Chief Diversity Officer. (2) QualificationsThe Chief Diversity Officer shall have significant experience, within the Federal Government and the science community, with diversity- and inclusion-related matters, including—(A) civil rights compliance; (B) harassment policy, reviews, and investigations; (C) equal employment opportunity; and (D) disability policy. (b) DutiesThe Chief Diversity Officer is responsible 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 duties may include—(1) establishing and maintaining a strategic plan that publicly states a diversity definition, vision, 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 (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 institutions of higher education, including community colleges, historically Black colleges and universities, Tribal Colleges or Universities, minority serving institutions, institutions of higher education with an established STEM capacity building program focused on Native Hawaiians or Alaska Natives, and EPSCoR institutions); 11 So in original. The closing parenthesis probably should not appear. (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 strategy 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 Foundation’s broader impacts review criterion; and (7) performing such additional duties and exercise such powers as the Director may prescribe. (c) Authorization of appropriationsTo carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.

42 U.S.C. § 19017 Research and dissemination to increase the participation of women and underrepresented minorities in STEM fields

(a) In generalThe 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 increase the participation of women and underrepresented minorities in STEM studies and careers. (b) Use of fundsAn 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 historically underrepresented in STEM, or both:(1) Research to analyze the record-level data collected under sections 19152 and 19154 of this title, 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 consistent with the purposes of this section. (4) Mentoring programs that facilitate engagement of STEM professionals with students. (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 activitiesThe Director shall carry out dissemination activities consistent with the purposes 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 barriers to work-life accommodation; and (2) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (d) Authorization of appropriationsThere are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023, 2024, 2025, 2026, and 2027.

42 U.S.C. § 19018 Intramural emerging research institutions pilot program

(a) EstablishmentThe Director may conduct multiple pilot programs, including through existing programs or other programs authorized in this division or division 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 successfully compete for Foundation awards. (b) ComponentsPilot programs under this section may include—(1) a mentorship program; (2) award application writing technical assistance; (3) targeted outreach, including to a historically Black college or university, a Tribal college or university, or a minority-serving institution (including a Hispanic-serving institution or an institution of higher education with an established STEM capacity building program focused on Native Hawaiians or Alaska Natives); (4) programmatic support or solutions for institutions 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 Foundation; 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) LimitationAs appropriate, each pilot program under this section shall work to reduce administrative burdens for recipients and award personnel. (d) Agency-wide programsNot later than 5 years after August 9, 2022, 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 Foundation, in order to fulfill the requirement under section 1862(e) of this title.

42 U.S.C. § 19031 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 19032 of this title. 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 Foundation Office of Inspector General, with other Federal research agencies, and intelligence and law enforcement agencies, and the National Science and Technology Council, as appropriate, in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), to identify and address potential security risks that threaten research integrity and other risks to the research enterprise and to develop research security policy and best practices, taking into account the policy guidelines to be issued by the Director of the Office of Science and Technology Policy under section 19231 of this title; (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 security risks and on policies and activities to protect intellectual 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 requirements to recipients and applicants for funding; (6) performing risk assessments, in consultation, as appropriate, with other Federal agencies, of Foundation proposals and awards using analytical tools to assess nondisclosures of required information; (7) establishing policies and procedures for identifying, 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 compliance with National Security Presidential Memorandum–33 (relating to strengthening protections of United States Government-supported research and development against foreign government interference and exploitation) or a successor policy document; 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.

42 U.S.C. § 19032 Chief of Research Security

The Director shall appoint a senior agency official within the Office of the Director as a Chief of Research Security, whose primary responsibility shall be to manage the office established under section 19031 of this title.

42 U.S.C. § 19033 Reporting to Congress

(a) Report on resource needsNot later than 180 days after August 9, 2022, 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 11 So in original. Probably should be “full-time”. employees needed to carry out the functions of the office established in section 19031 of this title. (b) Annual report on Office activities(1) In generalNot later than one year after August 9, 2022, and annually thereafter, the Director shall submit to Congress a report on the activities carried out by the Office of Research 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 development activities funded by the Foundation, including theft of property or intellectual property relating to a project funded by the Foundation at an institution of higher education. (2) FormThe report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate.

42 U.S.C. § 19034 Online resource

The Director shall develop an online resource hosted on the Foundation’s website containing up-to-date information, tailored for institutions and individual researchers, including— (1) an explanation of Foundation research security policies; (2) unclassified guidance on potential security risks that threaten research integrity and other risks to the research enterprise; (3) examples of beneficial international collaborations and how such collaborations differ from foreign government interference efforts that threaten research 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.

42 U.S.C. § 19035 Research awards

The Director shall continue to make awards, on a competitive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support research on the conduct of research and the research environment, including research on research misconduct or breaches of research integrity and detrimental research practices.

42 U.S.C. § 19036 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 Office 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.

42 U.S.C. § 19037 Research security and integrity information sharing analysis organization

(a) EstablishmentThe 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 subsection (b). (b) DutiesThe RSI-ISAO shall—(1) serve as a clearinghouse for information to help enable the members and other entities in the research 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 research community, to assess research security risks in different contexts; (3) share information concerning security threats and lessons learned from protection and response efforts through forums and other forms of communication; (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 employed 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 compiled incident reports; (7) support analysis of patterns of risk and identification 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 research security. (c) FundingThe Foundation may provide initial funds toward the RSI-ISAO but shall seek to have the fees authorized in subsection (d)(2) cover the costs of operations at the earliest practicable time. (d) Membership(1) In generalThe RSI-ISAO shall serve and include members representing institutions of higher education, nonprofit research institutions, and small and medium-sized businesses. (2) FeesAs soon as practicable, members of the RSI-ISAO shall be charged an annual rate to enable the RSI-ISAO to cover its costs. Rates shall be set on a sliding scale based on research and development expenditures to ensure that membership is accessible to a diverse community of stakeholders and ensure broad participation. The RSI-ISAO shall develop a plan to sustain the RSI-ISAO without Federal funding, as practicable. (e) Board of directorsThe RSI-ISAO may establish a board of directors to provide guidance for policies, legal issues, and plans and strategies of the entity’s operations. The board shall include a diverse group of stakeholders representing the research community, including academia, industry, and experienced research security administrators. (f) Stakeholder engagementIn establishing the RSI-ISAO under this section, the Director shall take necessary 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.

42 U.S.C. § 19038 Plan with respect to controlled information and background screening

(a) In generalNot later than 180 days after August 9, 2022, 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 unclassified 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 working on such research who are employees of the Foundation or covered individuals on research and development awards funded by the Foundation. (b) DefinitionsIn this section:(1) Classified informationThe term “classified 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) 11 See References in Text note below. to require protection against unauthorized disclosure and that is so designated. (2) Controlled unclassified informationThe 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 designated.

42 U.S.C. § 19039 Foundation funding to institutions hosting or supporting Confucius Institutes

(a) Confucius Institute definedIn this section the term “Confucius Institute” means a cultural institute established as a partnership between a United States institution of higher education and a Chinese institution of 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 InstitutesExcept 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 Director, after consultation with the National Academies, determines such a waiver is appropriate in accordance with subsection (c). (c) WaiverThe 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 Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research awards that are made, and who is employed 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 generalNotwithstanding any other provision of this section, this section shall not apply to an institution of higher education if that institution 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) ExceptionNotwithstanding any other provision of this section, the prohibition under subsection (b) shall not apply to amounts provided to students as educational assistance. (e) Effective dateThe limitation under subsection (b) shall apply with respect to the first fiscal year that begins after the date that is two years after August 9, 2022, and to any subsequent fiscal year subject to subsection (f). (f) SunsetThis section shall cease to be effective on the date that is five years after August 9, 2022.

42 U.S.C. § 19040 Foreign financial support

(a) In generalThe Director shall request, on an annual basis, from a recipient institution of higher education 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 language 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 1011f(h)(2) of title 20) associated with a foreign country of concern. (b) RecordsEach disclosure to the Director under this section shall be made on the condition that the institution will maintain a true copy of the relevant records subject 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) DocumentationUpon review of the disclosures under this section, the Director may request that a recipient institution provide true copies of any contracts, agreements, or documentation of financial transactions associated with disclosures made under this section. (d) Office of the Inspector GeneralThe Director, acting through the Office of Research Security and Policy in coordination with the Foundation’s Office of Inspector General and in consultation with the recipient institution, may reduce the award funding amount or suspend 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 section; or (2) the Chief of Research Security determines the disclosures under this section indicate a threat to research security.

42 U.S.C. § 19051 Broader impacts

(a) AssessmentNot later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to assess how the Broader Impacts review criterion is applied across the Foundation and make recommendations for improving the effectiveness for meeting the goals established in section 1862p–14 of this title. (b) ActivitiesThe 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 efficiency, effectiveness, and availability of resources for implementing 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.

42 U.S.C. § 19052 Research ethics

(a) Sense of CongressIt is the sense of Congress that—(1) a number of emerging areas of research have potential ethical, social, safety, and security implications that might be apparent as early as the basic research 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 National Academies to conduct a study and make recommendations with respect to governance of research in emerging technologies is a positive step toward accomplishing 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 considerationsDrawing on stakeholder input, not later than 24 months after August 9, 2022, the Director shall revise proposal instructions to require that ethical and societal considerations are to be included as part of a proposal for funding prior to making the award, where such considerations are applicable. Such considerations shall be evaluated 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 considerations, proposers may include, as appropriate—(1)(A) any readily foreseeable or quantifiable risks to society, including how the research could enable products, technologies, or other outcomes that could intentionally or unintentionally cause significant societal harm; or (B) an assertion that no readily foreseeable potential 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 amplify potential societal benefits. (c) GuidanceThe Director shall solicit stakeholder input to develop clear guidance on what constitutes a readily 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) ResearchThe 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 research 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 approaches to proactively mitigate foreseeable risks to society, including the technical and social solutions identified pursuant to subsection (b)(1). (e) Annual reportThe 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 conditions.

42 U.S.C. § 19053 Research reproducibility and replicability

(a) In generalConsistent with existing Federal law for privacy, intellectual property, and security, the Director shall facilitate public access to research products, including data, software, and code, developed as part of Foundation-supported projects. (b) Data management plans(1) In generalThe Director shall require that every proposal for funding for research include a machine-readable data management plan that includes 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) RequirementsIn carrying out the requirement 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 review panels are equipped with the resources and training necessary to review the quality of data management plans; and (C) ensure program officers and merit review panels treat data management plans as essential elements of award proposals, where appropriate. (c) Open repositoriesThe Director shall—(1) consult with the heads of other Federal research agencies, as appropriate, and solicit input from the scientific community, to develop and widely disseminate a set of criteria for trusted open repositories 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 developed under paragraph (1) and options for supporting the development of additional or enhanced repositories; (3) make awards on a competitive basis to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) for the development, upgrades, and maintenance 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, public, web-based point of access to help users locate repositories storing data, software, and code resulting from or used in Foundation-supported projects; (5) work with stakeholders to establish the necessary policies and procedures and allocate the necessary resources to ensure, as practicable, data underlying published findings resulting from Foundation-supported projects are deposited in repositories meeting 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 developed under paragraph (1); and (7) coordinate with the scientific publishing community and the heads of other relevant Federal departments and agencies to support the development of voluntary consensus standards around data archiving and sharing. (d) Research, development, and educationThe 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; (2) support research on computational reproducibility, including the limits of reproducibility and the consistency of computational results in the development of new computation hardware, tools, and methods; and (3) support the education and training of students, 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.

42 U.S.C. § 19054 Climate change 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 research to improve our understanding of the climate system and related human and environmental systems.

42 U.S.C. § 19055 Social, behavioral, and economic sciences

The Director shall— (1) actively communicate opportunities and solicit proposals for social, behavioral, and economic science researchers to participate in cross-cutting and interdisciplinary programs, including the Convergence 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.

42 U.S.C. § 19056 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.

42 U.S.C. § 19057 Food-energy-water 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— (1) support research to significantly advance our understanding of the food-energy-water system through quantitative and computational modeling, including support for relevant cyberinfrastructure; (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 problems; and (4) grow the scientific workforce capable of studying and managing the food-energy-water system, through education and other professional development.

42 U.S.C. § 19058 Biological field stations and marine laboratories

The Director shall continue to support enhancing, repairing and maintaining research instrumentation, laboratories, telecommunications and housing at biological field stations and marine laboratories.

42 U.S.C. § 19059 Sustainable chemistry research and education

In accordance with section 9303 of title 15, the Director shall carry out activities in support of sustainable chemistry, including— (1) establishing a program to make awards, on a competitive basis, to institutions of higher education 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 development; (B) collaborative research and development partnerships among universities, industry, and non-profit organizations; (C) integrating sustainable chemistry principles into elementary, secondary, undergraduate, 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 existing Foundation research and development programs.

42 U.S.C. § 19060 Risk and resilience 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 advance knowledge of risk assessment and predictability and to support the creation of tools and technologies, including 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 hazards; (2) the creation of novel engineered systems solutions for resilient complex infrastructures, particularly those that address critical interdependence among infrastructures and leverage the growing infusion of cyber-physical-social components into the infrastructures; (3) development of equipment and instrumentation for innovation in resilient engineered infrastructures; (4) multidisciplinary research on the behaviors individuals and communities engage in to detect, perceive, understand, predict, assess, mitigate, and prevent 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.

42 U.S.C. § 19061 Unmanned aircraft systems technologies

In coordination with the Administrator of the Federal Aviation Administration and the Administrator of the National 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 3719 of title 15 and support for undergraduate and graduate curriculum development.

42 U.S.C. § 19062 Accelerating unmanned maritime systems technologies

(a) In generalIn order to support advances in marine science, maritime domain awareness, and national security the Director, in consultation with the Under Secretary 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) CoordinationIn implementing this section, the Director shall coordinate with the Coast Guard, the Department of Defense, the National Oceanic and Atmospheric Administration, and other Federal agencies, including those established under the Commercial Engagement Through Ocean Technology Act of 2018 (Public Law 115–394) [33 U.S.C. 4101 et seq.].

42 U.S.C. § 19063 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 community priorities and have the potential to benefit United States prosperity, security, health, and well-being, including through binational research and development organizations and foundations and by sending teams of Foundation scientific staff for site visits of scientific facilities and agencies in other countries. The Director shall establish and implement policies, including through any research security training requirements, to mitigate the potential risks of such interactions, including risks to the protection of intellectual property and the risk of undue foreign influence on research.

42 U.S.C. § 19064 Biological research collections

(a) In generalThe Director shall continue to support databases, tools, methods, and other activities that secure 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 management, and to transfer ownership of collections that are significant to the biological research community, including to museums and universities. (b) Specimen management planIn consultation with other relevant Federal research agencies, and as the Director determines is appropriate, the Director shall require that proposals submitted to the Foundation for funding for research that involves collecting or generating specimens include, as part of the data management plan under section 19053 of this title, a description of how the specimens and associated data will be accessioned into and maintained in an established biological collection. (c) Action Center for Biological CollectionsIn coordination with other relevant Federal research agencies, 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 organizations) to facilitate coordination and data sharing among communities of practice for research, education, workforce training, evaluation, and business model development, including by establishing an Action Center for Biological Collections.

42 U.S.C. § 19065 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 significantly advance our understanding of water availability, 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 communities; (2) develop, pilot, and deploy innovative technologies, systems, and other approaches to identifying and addressing challenges that affect water availability, quality, and security, including through direct engagement with affected communities and partnerships with the private sector, State, territorial, Tribal, and local governments, non-profit organizations and water management professionals; and (3) grow the scientific workforce capable of studying and managing water and wastewater systems and of conducting wastewater surveillance, through education, training, and other professional development.

42 U.S.C. § 19066 Technology and behavioral science research

(a) In generalThe Director shall make awards on a merit-reviewed, competitive basis for research and development to—(1) increase understanding of social media and consumer technology access and use patterns and related mental health, behavioral, and substance use disorder issues, particularly for children and adolescents; and (2) explore the role of social media and consumer technology in rising rates of mental health and substance use disorder issues, including within communities experiencing long-term economic distress. (b) Coordination to avoid duplicationIn making 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.

42 U.S.C. § 19067 Critical minerals mining research and development

(a) Critical minerals mining research and development at the Foundation(1) In generalIn order to support supply chain resiliency, the Director shall make awards, on a competitive basis, to institutions of higher education 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 resources and eliminating national reliance on minerals and mineral materials that are subject to supply disruptions. (2) Use of fundsActivities funded by an award under this section may include—(A) advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction and production, separation, alloying, or processing techniques 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 intensity, 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; (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 geological and geochemical processes through which critical minerals form and are concentrated into economically viable deposits; or (H) providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers. (3) Existing programsThe Director shall ensure awards made under this subsection are complementary and not duplicative of existing programs across the Foundation and Federal Government. (b) Critical Materials Interagency Subcommittee(1) In generalThe Critical Minerals Subcommittee of the National Science and Technology Council (referred to in this section as the “Subcommittee”), shall coordinate Federal science and technology efforts to ensure secure, reliable, and environmentally sustainable supplies of critical materials to the United States. (2) PurposesThe purposes of the Subcommittee 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 investments in innovation and technology transfer from federally funded science and technology; (B) to identify emerging opportunities, stimulate international cooperation, and foster the development of secure and reliable supply chains of critical materials and establish scenario modeling systems for supply problems of critical materials and energy critical materials; (C) to ensure the transparency of information and data related to critical materials; and (D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities 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) ResponsibilitiesIn carrying out this subsection, the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees—(A) provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject 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 coordination and evaluation of Federal programs with critical material needs, including Federal programs 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 developing critical materials through investment and trade with our allies and partners and provide recommendations; (E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry; (F) assess the need for and make recommendations to address the challenges the United States critical materials supply chain workforce faces, including aging and retiring personnel and faculty, and foreign competition for United States talent; (G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance scientific and technical capabilities 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 materials; as well as cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; (H) assess the need for, and make recommendations concerning, the availability and adequacy of the supply of technically trained personnel necessary for critical materials research, development, extraction, and industrial production, with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of energy critical materials; and (I) report to the appropriate Congressional committees on activities and findings under this section. (c) Definitions of critical mineral and critical mineral or metalIn 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 1606 of title 30).

42 U.S.C. § 19068 Advancing IoT for Precision Agriculture Capabilities Act

(a) Short titleThis section may be cited as the “Advancing IoT for Precision Agriculture Act of 2021”. (b) PurposeIt is the purpose of this section to promote scientific research and development opportunities for connected technologies that advance precision agriculture capabilities. (c) Foundation directive on agricultural sensor researchIn making awards under the sensor systems and networked systems programs of the Foundation, the Director shall include in consideration of portfolio balance research and development on sensor connectivity in environments 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. (d) Omitted (e) GAO reviewNot later than 18 months after August 9, 2022, the Comptroller General of the United States shall provide—(1) a technology assessment of precision agriculture technologies, such as the existing use of—(A) sensors, scanners, radio-frequency identification, and related technologies that can monitor soil properties, irrigation conditions, and plant physiology; (B) sensors, scanners, radio-frequency identification, and related technologies that can monitor livestock activity and health; (C) network connectivity and wireless communications 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 applications; and (H) data management software and advanced analytics that can assist decision making and improve agricultural outcomes; and (2) a review of Federal programs that provide support for precision agriculture research, development, adoption, education, or training, in existence on August 9, 2022.

42 U.S.C. § 19069 Astronomy and satellite constellations

The Director shall support research into and the design, 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 constellations on ground-based optical, infrared, and radio astronomy, including through existing programs such Spectrum and Wireless Innovation enabled by Future Technologies (SWIFT) and the Spectrum Innovation Initiative; (2) supporting research on potential satellite impacts and benefits and mitigation strategies to be carried out at one or more Foundation supported Federally Funded Research and Development Centers or major multiuser research facilities as defined in section 1862s–2(g) of this title, 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.

42 U.S.C. § 19070 Research on the impact of inflation

(a) In generalThe 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 improve our understanding of the impact of inflation. (b) Use of fundsActivities 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 American international competitiveness; (3) evaluating the impact of inflation on rural and underserved communities throughout the country; (4) assessing the ways inflation could impact future American generations; and (5) evaluating the impact of policymaking on inflation, including the impact of further Government spending. (c) Coordination to avoid duplicationIn making awards under this section, the Director shall, for purposes of avoiding duplication of activities and research, consult, collaborate, and coordinate with the programs and policies of other relevant Federal agencies.

42 U.S.C. § 19071 Microgravity utilization policy

(a) Sense of CongressIt is the sense of Congress that space technology and the utilization of the microgravity environment for science, engineering, and technology development is critical to long-term competitiveness with near-peer competitors, including China. (b) PolicyTo the extent appropriate during an award period, the Foundation shall facilitate access by recipients of Foundation awards to the microgravity environment, including in private sector platforms, for the development of science, engineering, and technology relevant to the award. (c) ReportNot later than 180 days after August 9, 2022, the Director shall provide to the appropriate committees of Congress a report on the Foundation’s plan for facilitating awardee access to the microgravity environment.

42 U.S.C. § 19081 Facility operation and maintenance

(a) In generalThe Director shall continue the Facility Operation Transition pilot program for a total of 5 years. (b) Cost sharingThe Facility Operation Transition 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) ReportAfter the fifth year of the pilot program, the Director shall transmit a report to Congress that includes—(1) an assessment, that includes feedback from the research community, of the effectiveness of the pilot program for—(A) supporting research directorates and divisions in balancing investments in research grants and funding for the initial operation and maintenance of major facilities; (B) incentivizing the development of new world-class facilities; (C) facilitating interagency and international partnerships; (D) funding core elements of multi-disciplinary facilities; and (E) supporting facility divestment costs; and (2) if deemed effective, a plan for permanent implementation of the pilot program.

42 U.S.C. § 19082 Reviews

The Director shall periodically carry out reviews within 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.

42 U.S.C. § 19083 Helium conservation

(a) Major research instrumentation support(1) In generalThe Director shall support, through the Major Research Instrumentation program, proposal requests that include the purchase, installation, operation, and maintenance of equipment and instrumentation to reduce consumption of helium. (2) Cost sharingThe Director may waive the cost-sharing requirement for helium conservation measures for non-Ph.D.-granting institutions of higher education and Ph.D.-granting institutions of higher education that are not ranked among the top 100 institutions receiving Federal research and development funding, as documented by the National Center for Science and Engineering Statistics. (b) Annual reportNo later than 1 year after August 9, 2022, and annually for the subsequent two years, the Director shall submit an annual report to Congress on the use of funding awarded by the Foundation 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 helium; and (3) any supply disruptions impacting a substantial number of institutions.

42 U.S.C. § 19084 Advanced computing

(a) Computing needsTo 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 computational resource needs for projects that require use of advanced computing. The Director shall encourage and provide access to tools that facilitate the inclusion of these measures, including those identified in the 2016 National Academies report entitled “Future Directions for NSF Advanced Computing Infrastructure to Support U.S. Science and Engineering in 2017–2020”. (b) ReportsThe Director shall document and publish 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 subsection (a). (c) RoadmapTo set priorities and guide strategic decisions regarding investments in advanced computing capabilities, 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 Construction account; (2) draws on community input, information contained in research proposals, allocation requests, insights from Foundation-funded cyber-infrastructure operators, and Foundation-wide information gathering 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 advanced computing capabilities can be leveraged for activities through the Directorate for Technology, Innovation, 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) Omitted (2) Computing enclave pilot program(A) In generalThe Director, in consultation with the Director of the National Institute of Standards and Technology and the Secretary of Energy, and the heads of other relevant Federal departments and agencies, shall establish a pilot program to make awards to ensure the security of federally supported research data and to assist regional institutions of higher education and their researchers in compliance with regulations regarding the safeguarding of sensitive information and other relevant regulations and Federal guidelines. (B) StructureIn carrying out the pilot program established pursuant to subparagraph (A), the Director shall select, for the development, installation, maintenance, or sustainment of secure computing enclaves, three institutions of higher education that have an established graduate student program and a demonstrated history of working with secure information, consistent with appropriate security protocols. (C) Regionalization(i) In generalIn selecting universities pursuant to subparagraph (B), the Director shall give preference to institutions of higher education with the capability of serving other regional universities. (ii) Geographic dispersalThe enclaves should be geographically dispersed to better meet the needs of regional interests. (D) Program elementsThe Director shall work with institutions of higher education selected pursuant to subparagraph (B) to—(i) develop an approved design blueprint for compliance with Federal data protection protocols; (ii) develop a comprehensive and confidential list, or a bill of materials, of each binary component of the software, firmware, or product that is required to deploy additional secure computing enclaves; (iii) develop templates for all policies and procedures required to operate the secure computing enclave in a research setting; (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) SustainabilityIn reviewing applications for awards, the Director shall review and consider plans and prospects of the applicant institution of higher education to ensure long-term sustainability of the computing enclave, beyond the availability of Federal funds. (F) DurationSubject to other availability of appropriations, the pilot program established pursuant to subparagraph (A) shall operate for not less than 3 years. (G) Report(i) In generalThe Director shall report to Congress not later than 6 months after the completion of the pilot program under subparagraph (A). (ii) ContentsThe report required under clause (i) shall include—(I) an assessment of the pilot program under subparagraph (A), including an assessment of the security benefits 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 efficacy of the use of secure computing enclaves by other Federal agencies in a broader effort to expand security of Federal research. (H) Authorization of appropriationsThere is authorized to be appropriated to the Director, $38,000,000 for fiscal years 2023 through 2025, to carry out the activities outlined in this paragraph.

42 U.S.C. § 19085 National secure data service

(a) In generalThe Director, in consultation with the Director of the Office of Management and Budget and the interagency committee established under section 9413 of title 15, shall establish a demonstration project to develop, refine, and test models to inform the full implementation of the Commission on Evidence-Based Policymaking recommendation for a governmentwide data linkage and access infrastructure for statistical activities conducted for statistical purposes, as defined in chapter 35 of title 44. (b) EstablishmentNot later than one year after August 9, 2022, the Director shall establish a National Secure Data Service demonstration project. The National Secure Data Service demonstration project shall be—(1) aligned with the principles, best practices, and priority actions recommended by the Advisory Committee on Data for Evidence Building, to the extent feasible; and (2) operated directly by or via a contract that is managed by the National Center for Science and Engineering Statistics. (c) DataIn carrying out this section, the Director shall engage with Federal and State agencies to collect, acquire, analyze, report, and disseminate statistical data in the United States and other nations to support governmentwide evidence-building activities consistent with the Foundations for Evidence-Based Policymaking Act of 2018. (d) Voluntary participationParticipation in the National Secure Data Service demonstration project by Federal and State agencies shall be voluntary. (e) Privacy and confidentiality protectionsIf the Director issues a management contract under subsection (b), the recipient shall be designated as an “agent” under subchapter III of chapter 35 of title 44 with all requirements and obligations for protecting confidential information delineated in the Confidential Information Protection and Statistical Efficiency Act of 2018 and the Privacy Act of 1974. (f) Technology and privacy standardsIn carrying out this subsection, the Director shall—(1) consider application and use only of systems and technologies that incorporate protection measures to reasonably ensure confidential data and statistical products are protected in accordance with obligations under subchapter III of chapter 35 of title 44, including systems and technologies that ensure—(A) raw data and other sensitive inputs are not accessible to recipients of statistical outputs from the National Secure Data Service demonstration project; (B) no individual entity’s data or information is revealed by the National Secure Data Service demonstration project platform to any other party in an identifiable form; (C) no information about the data assets used in the National Secure Data Service demonstration project is revealed to any other party, except as incorporated into the final statistical output; (D) the National Secure Data Service demonstration project permits only authorized analysts to perform statistical queries necessary to answer approved project questions, and prohibits any other queries; and (E) the National Secure Data Service demonstration project conducts privacy risk assessments to minimize the privacy risks to individual entities whose data has been made available by a reporting entity, including those privacy risks that could result from data breaches of any system operated by the reporting entity, as well as for determining approved project questions under subparagraph (D) to minimize the privacy risks to individuals affected by uses of the statistical output; and (2) the National Secure Data Service demonstration project shall implement reasonable measures commensurate with the risks to individuals’ privacy to achieve the outcomes under subparagraphs (A) through (E) of paragraph (1), which may include the appropriate application of privacy-enhancing technologies and appropriate measures to minimize or prevent reidentification risks consistent with any applicable guidance or regulations issued under subchapter III of chapter 35 of title 44. (g) TransparencyThe National Secure Data Service established under subsection (b) shall maintain a public website with up-to-date information on supported projects. (h) ReportNot later than 2 years after August 9, 2022, the National Secure Data Service demonstration project established under subsection (b) shall submit a report to Congress that includes—(1) a description of policies for protecting data, consistent with applicable Federal law; (2) a comprehensive description of all completed or active data linkage activities and projects; (3) an assessment of the effectiveness of the demonstration project for mitigating risks and removing barriers to a sustained implementation of the National Secure Data Service as recommended by the Commission on Evidence-Based Policymaking; and (4) if deemed effective by the Director, a plan for scaling up the demonstration project to facilitate data access for evidence building while ensuring transparency and privacy. (i) Authorization of appropriationsThere are authorized to be appropriated to the Director to carry out this subsection $9,000,000 for each of fiscal years 2023 through 2027.

42 U.S.C. § 19101 Establishment

There is established within the Foundation the Directorate for Technology, Innovation, and Partnerships to advance research and development, technology development, and related solutions to address United States societal, national, and geostrategic challenges, for the benefit of all Americans.

42 U.S.C. § 19102 Purposes

The purposes of the Directorate established under section 19101 of this title are to— (1) support use-inspired and translational research and accelerate the development and use of federally funded research; (2) strengthen United States competitiveness by accelerating the development of key technologies; and (3) grow the domestic workforce in key technology focus areas, and expand the participation of United States students and researchers in areas of societal, national, and geostrategic importance, at all levels of education.

42 U.S.C. § 19103 Activities

Subject to the availability of appropriated funds, the Director shall achieve the purposes described in section 19102 of this title by making awards through the Directorate that— (1) support transformational advances in use-inspired and translational research and technology development, including through diverse funding mechanisms and models at different scales, to include convergence accelerators and projects designed to achieve specific technology metrics or objectives; (2) encourage the translation of research into innovations, processes, and products, including by—(A) engaging researchers on topics relevant to United States societal, national, and geostrategic challenges, including by educating researchers on engaging with end users and the public; (B) advancing novel approaches and reducing barriers to technology transfer, including through intellectual property frameworks between academia and industry, nonprofit entities, venture capital communities, and approaches to technology transfer for applications with public benefit that may not rely on traditional commercialization tools; and (C) establishing partnerships that connect researchers and research products to businesses, accelerators, and incubators that enable research uptake, prototype development and scaling, entrepreneurial education, and the formation and growth of new companies; (3) develop mutually-beneficial research and technology development partnerships and collaborations among institutions of higher education, including historically Black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, emerging research institutions, EPSCoR institutions, and nonprofit organizations, labor organizations, businesses and other for-profit entities, Federal or State agencies, local or Tribal governments, civil society organizations, other Foundation directorates, national labs, field stations and marine laboratories, and, as appropriate, international entities and binational research and development foundations and funds, excluding foreign entities of concern; (4) partner with other directorates and offices of the Foundation for specific projects or research areas including—(A) to pursue basic questions about natural, human, and physical phenomena that could enable advances in the challenges and key technology focus areas under section 19107 of this title; (B) to study questions that could affect the design (including human interfaces), safety, security, operation, deployment, or the social and ethical consequences of technologies and innovations in the challenges and key technology focus areas under section 19107 of this title, including the development of technologies and innovations that complement or enhance the abilities of workers and impact of specific innovations on domestic jobs and equitable opportunity; and (C) to further the creation of a domestic workforce capable of advancing, using, and adapting to the key technology focus areas; (5) build capacity and infrastructure for use-inspired and translational research at institutions of higher education across the United States, including by making awards to support administrative activities that advance development, operation, integration, deployment, and sharing of innovation; (6) support the education, mentoring, and training of undergraduate students, graduate students, and postdoctoral researchers, to both advance use-inspired and translational research and to address workforce challenges, through scholarships, fellowships, and traineeships; and (7) identify social, behavioral, and economic drivers and consequences of technological innovations that could enable advances in the challenges and key technology focus areas under section 19107 of this title.

42 U.S.C. § 19104 Requirements

In carrying out the activities under the Directorate, the Director shall ensure the programmatic work of the Directorate and Foundation— (1) utilizes the full potential of the United States workforce by avoiding undue geographic concentration of research and development and education funding across the United States, and encourages broader participation in the key technology focus area workforce by populations historically underrepresented in STEM; and (2) incorporates a worker perspective through participation by labor organizations and workforce training organizations.

42 U.S.C. § 19105 Assistant Director

(a) In generalThe Director shall appoint an Assistant Director responsible for the management of the Directorate established under this part, in the same manner as other Assistant Directors of the Foundation are appointed. (b) QualificationsThe Assistant Director shall be an individual, who by reason of professional background and experience, is specially qualified to—(1) advise the Director on all matters pertaining to use-inspired and translational research, development, and commercialization at the Foundation, including partnership with the private sector and other users of Foundation funded research; and (2) develop and implement the necessary policies and procedures to promote a culture of use-inspired and translational research within the Directorate and across the Foundation and carry out the responsibilities under subsection (c). (c) ResponsibilitiesThe responsibilities of the Assistant Director shall include—(1) advising the Director on all matters pertaining to use-inspired and translational research and development activities at the Foundation, including effective practices for convergence research, and the potential impact of Foundation research on United States societal, national and geostrategic challenges; (2) identifying opportunities for and facilitating coordination and collaboration, where appropriate, on use-inspired and translational research, development, adoption, and commercialization—(A) among the offices, directorates, and divisions within the Foundation; and (B) between the Foundation and stakeholders in academia, the private sector, including non-profit entities, labor organizations, Federal or State agencies, and international entities, as appropriate; (3) ensuring that the activities carried out under this part do not substantially and unnecessarily duplicate activities supported by other parts of the Foundation or other relevant Federal agencies; (4) approving all new programs within the Directorate; (5) developing and testing diverse merit-review models and mechanisms for selecting and providing awards for use-inspired and translational research and development at different scales, from individual investigator awards to large multi-institution collaborations; (6) assessing the success of programs; (7) administering awards to achieve the purposes described in section 19102 of this title; and (8) performing other such duties pertaining to the purposes in section 19102 of this title as are required by the Director. (d) Relationship to the DirectorThe Assistant Director shall report to the Director. (e) Relationship to other programsNo other directorate within the Foundation shall report to the Assistant Director.

42 U.S.C. § 19106 Advisory committee

(a) In generalIn accordance with the Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. the Director shall establish an advisory committee to assess, and make recommendations regarding, the activities carried out under this part. (b) MembershipThe advisory committee members shall—(1) be individuals with relevant experience or expertise, including individuals from industry and national labs, educators, academic subject matter experts, including individuals with knowledge of key technology focus areas and their impact on United States national security and geostrategic leadership, the technical and social dimensions of science and technology, technology transfer experts, labor organizations, representatives of civil society, and other nongovernmental organizations; and (2) consist of at least 10 members broadly representative of stakeholders, including no less than 3 members from the private sector, none of whom shall be an employee of the Federal Government, and no less than 1 member with significant expertise in United States national security and economic competitiveness. (c) ResponsibilitiesThe Committee’s responsibilities shall include—(1) reviewing and advising on activities carried out under this part; (2) proposing strategies for fulfilling the purposes in section 19102 of this title; (3) proposing potential areas of research, particularly as relevant to United States societal, national, and geostrategic challenges; and (4) other relevant issues as determined by the Director.

42 U.S.C. § 19107 Challenges and focus areas

(a) In generalIn consultation with the Assistant Director, the Board, and the interagency working group established under part D of subchapter VI, the Director shall identify, and annually review and update as appropriate, a list of—(1) not more than 5 United States societal, national, and geostrategic challenges that may be addressed by technology to guide activities under this part; and (2) not more than 10 key technology focus areas to guide activities under this part. (b) Initial list of societal, national, and geostrategic challengesThe initial list of societal, national, and geostrategic challenges are the following:(1) United States national security. (2) United States manufacturing and industrial productivity. (3) United States workforce development and skills gaps. (4) Climate change and environmental sustainability. (5) Inequitable access to education, opportunity, or other services. (c) Initial list of key technology focus areasThe initial list of key technology focus areas are the following:(1) Artificial intelligence, machine learning, autonomy, and related advances. (2) High performance computing, semiconductors, and advanced computer hardware and software. (3) Quantum information science and technology. (4) Robotics, automation, and advanced manufacturing. (5) Natural and anthropogenic disaster prevention or mitigation. (6) Advanced communications technology and immersive technology. (7) Biotechnology, medical technology, genomics, and synthetic biology. (8) Data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics. (9) Advanced energy and industrial efficiency technologies, such as batteries and advanced nuclear technologies, including but not limited to for the purposes of electric generation (consistent with section 1874 of this title. (10) Advanced materials science, including composites 2D materials, other next-generation materials, and related manufacturing technologies. (d) Relationship between United States societal, national, and geostrategic challenges and key technology focus areas(1) In updating the list under subsection (a)(1), the Director shall evaluate national and global technology trends. (2) In updating the list under subsection (a)(2), the Director shall consider the impact of the selected technologies on United States societal, national, and geostrategic challenges. (3) The list under subsection (a)(2) may, but is not required to, align directly with the list under subsection (a)(1). (4) Nothing under this section shall prevent the Director from making limited investments in technologies or areas not identified in subsection (a)(1) or subsection (a)(2). (e) Review and updatesThe Director, in coordination with the interagency working group established under part D of subchapter VI and in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall annually review and update as appropriate, the list of key technology focus areas for purposes of this division. As part of the annual review, the Director—(1) shall consider input from relevant industries and stakeholders; (2) may consider the challenges and recommendations identified in the reports required by sections 6615 and 6615b of this title, as added by section 10611 and 10613 of this division and in other relevant reports, such as technology and global trend reports from the defense and intelligence communities; (3) shall consider the potential impact of the key technology focus areas on addressing societal, national, and geostrategic challenges; and (4) subject to the limitation under subsection (a), may add or delete key technology focus areas in light of shifting national needs or competitive threats to the United States (including for reasons of the United States or other countries having advanced or fallen behind in a technological area). (f) ReportingAt the conclusion of the annual review and update process required by subsection (e), the Director, in consultation with other Federal research agencies, as appropriate, shall deliver a report to Congress detailing—(1) the key technology focus areas and rationale for their selection; (2) the societal, national, and geostrategic challenges and rationale for their selection; (3) the role of the Foundation in advancing the key technology focus areas; (4) the impact, including to the academic research community, of any changes to the key technology focus areas; and (5) the activities and partnerships between the Directorate and the private sector. (g) Detailed descriptionThe National Science Foundation shall, in coordination with the Office of Management and Budget, submit as part of their annual budget requests to Congress, a detailed description of the activities to be funded under this part, including an explanation of how the requested funding is complementary and not redundant of programs, efforts, and infrastructure undertaken or supported by other relevant Federal agencies. (h) National AcademiesNot later than 5 years after August 9, 2022, the Director shall contract with the National Academies to conduct a review of the key technology focus areas and the societal, national, and geostrategic challenges, including—(1) an assessment of their selection process; (2) an assessment of their relevance to the purposes of the Directorate, including to solving challenges with social, economic, health, scientific, and national security implications; (3) a review of whether Federal investment in the key technology focus areas have resulted in new domestic manufacturing capacity and job creation; (4) an assessment of any critical, new emerging areas; (5) an assessment of Federal investments in education and workforce development to support the key technology focus areas; and (6) an assessment of relative balance in leadership in addressing the key technology focus areas between the United States, allied and partner countries, and the People’s Republic of China.

42 U.S.C. § 19108 Regional Innovation Engines

(a) In generalFrom amounts made available to the Directorate, the Director shall make awards to eligible entities for the planning, establishment, and support of Regional Innovation Engines. (b) PurposeThe purpose of the Regional Innovation Engines shall be to—(1) advance multidisciplinary, collaborative, use-inspired and translational research, technology development, in key technology focus areas; (2) address regional, national, societal, or geostrategic challenges; (3) leverage the expertise of multi-disciplinary and multi-sector partners, including partners from private industry, nonprofit organizations, and civil society organizations; and (4) support the development of scientific, innovation, entrepreneurial, and STEM educational capacity within the region of the Regional Innovation Engine to grow and sustain regional innovation. (c) Uses of fundsFunds awarded under this section may be used by a Regional Innovation Engine to—(1) conduct use-inspired and translational research and technology development to advance innovation in at least one of the key technology focus areas and to help solve a compelling regional, national, societal, or geostrategic challenge; (2) further the development, adoption, and commercialization of innovations in key technology focus areas, including through support for proof-of-concept development, and through partnership with other Federal agencies and Federal laboratories, industry, including startup companies, labor organizations, civil society organizations, and State, territorial, local, and Tribal governments; (3) develop and manage, or facilitate access to, test beds and instrumentation, which may include fabrication facilities and cyberinfrastructure, to advance the development, integration, and demonstration of new, innovative technologies, including hardware or software; (4) establish traineeship programs for graduate students who pursue degrees and research related to the key technology focus areas leading to a masters or doctorate degree by providing funding and other assistance, and opportunities for research experiences in government or industry related to the students’ studies; (5) engage in outreach and engagement in the region to broaden participation in the activities of the Regional Innovation Engine; and (6) reimburse, in part or in whole, the cost of instrumentation, technology transfer, and commercialization activities, including patenting and licensing, and for operations and staff, as the Director determines appropriate. (d) Selection processIn making awards under this part, the Director shall consider, in addition to the scientific and technical merit of the proposal, the extent to which the activities and locations proposed—(1) have the potential to create an innovation ecosystem, or enhance existing ecosystems and contribute to job creation in a region; (2) demonstrate a capacity to engage and partner with multiple types of institutions of higher education, industry, labor, nonprofit organizations, civil society organizations, other Federal agencies, Federal laboratories, State, local, and Tribal governments, and other appropriate organizations, including to inform research directions and account for ethical, societal, safety, and security implications relevant to the potential applications of the research; (3) demonstrate a capacity to broaden participation of populations historically underrepresented in STEM in the activities of the Regional Innovation Engine; and (4) demonstrate a plan and capability to prevent the inappropriate use or dissemination of the research and technology, including research results, data, and intellectual property, as appropriate and consistent with the requirements of the relevant award. (e) Requirements(1) EligibilityFor the purposes of this section, an “eligible entity” means an institution of higher education, a nonprofit organization, a private sector entity, or a consortium thereof. (2) PartnershipsTo be eligible for an award under this section an eligible entity—(A) shall include in its proposal partnership with 1 or more institution that is—(i) a historically Black college or university; (ii) a Tribal College or University; (iii) a minority-serving institution; (iv) an EPSCoR institution; (v) an emerging research institution; or (vi) a community college; (B) may include partnership with 1 or more—(i) additional entities described in paragraph (2)(A); (ii) industry entities, including startups, small businesses, and public-private partnerships; (iii) economic development organizations or venture development organizations, as such terms are defined in section 3722a(a) of title 15, as added by section 10621 of this division; (iv) National Laboratories; (v) Federal laboratories, as defined in section 3703 of title 15; (vi) Federal research facilities; (vii) labor organizations; (viii) entities described in paragraph (1) or (2) from allied or partner countries; (ix) other entities to be vital to the success of the program, as determined by the Director; (x) binational research and development foundations and funds, excluding those affiliated with foreign entities of concern, as defined in section 19221 of this title; and (xi) Engineer Research and Development Center laboratories of the Army Corps of Engineers; and (C) shall include as part of its proposal a plan for—(i) establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institution, and is mutually beneficial; and (ii) documents governance and management plans, financial contributions from non-Federal sources, and plans for ownership and use of any intellectual property. (3) Promoting partnershipsIn making awards under this section, the Director shall encourage applicants for a Regional Innovation Engine that include multiple regional partners as described in subsection (e)(2). (4) Geographic distributionIn making awards under this section, the Director shall take into consideration the extent to which the proposals expand the geographic distribution of the Regional Innovation Engines, including by giving special consideration to rural-serving institutions of higher education. (5) Resource availabilityThe Director shall ensure that any eligible entity receiving an award under this section shall—(A) provide information on relevant currently existing resources available to the proposing team from all internal and external sources, including all partner organizations; and (B) include letters of collaboration from partner organizations that include information on resource contributions committed by such partners. (f) Collaboration with regional technology hubsEach Regional Innovation Engine established under this section may collaborate and participate in, as appropriate, the activities of any regional technology hub designated under section 3722a of title 15, as added by section 10621. (g) Duration(1) Initial periodAn award under this section shall be for an initial period of 5 years. (2) RenewalAn established Regional Innovation Engine may apply for, and the Director may award, extended funding for periods of 5 years on a merit-reviewed basis. (h) Competitive, merit-reviewIn making awards under this section, the Director shall—(1) use a competitive, merit review process that includes peer review by a diverse group of individuals with relevant expertise from both the private and public sectors; and (2) ensure the focus areas of the Regional Innovation Engines do not substantially and unnecessarily duplicate the efforts of any other Regional Innovation Engine or any other similar effort at another Federal agency. (i) CollaborationIn making awards under this section, the Director may collaborate with Federal departments and agencies whose missions contribute to or are affected by the technology focus area of the institute.

42 U.S.C. § 19109 Translation Accelerator

(a) In generalThe Director shall establish Translation Accelerators to further the research, development, and commercialization of innovation in the key technology focus areas. (b) Partnerships(1) In generalEach Translation Accelerator shall be comprised of a partnership including 2 or more of the following entities:(A) An institution of higher education. (B) A for-profit company. (C) A nonprofit organization. (D) A Federal agency. (E) Another entity, if that entity is determined by the Director to be vital to the success of the program. (2) Institutional or organizational levelThe Director shall work to ensure that such partnerships exist at the institutional or organization level, rather than solely at the principal investigator level. (3) Cost shareNot less than 25 percent of the funding for an institute shall be provided by non-Federal entities. (4) Number of centers and institutes establishedThe Director shall endeavor to establish a balance in the number of Regional Innovation Engines and Translation Accelerators. (c) Authorization of appropriationsFrom within funds authorized for the Directorate for Technology, Innovation, and Partnerships, there are authorized to carry out the activities under this section and section 19108 of this title $6,500,000,000 for fiscal years 2023 through 2027.

42 U.S.C. § 19110 Test beds

(a) Program authorized(1) In generalFrom amounts made available for the Directorate, the Director, in coordination with the Director of the National Institute of Standards and Technology, the Secretary of Energy, and other Federal agencies, as determined appropriate by the Director, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education, nonprofit organizations, or consortia thereof to establish and operate test beds, which may include fabrication facilities and cyberinfrastructure, to advance the development, operation, integration, deployment, and, as appropriate, demonstration of new, innovative critical technologies, which may include hardware or software. (2) CoordinationIn establishing new test beds under this section, the Director shall ensure coordination with other test beds supported by the Foundation or other Federal agencies to avoid duplication and maximize the use of Federal resources. (b) ProposalsAn applicant for an award under this section shall submit a proposal to the Director, at such time, in such manner, and containing such information as the Director may reasonably require. The proposal shall, at a minimum, describe—(1) the technology or technologies that will be the focus of the test bed; (2) the goals of the work to be done at the test bed; (3) how the applicant will assemble a workforce with the skills needed to operate the test bed; (4) how the applicant will ensure broad access to the test bed; (5) how the applicant will collaborate with firms in critical technologies, including through coordinated research and development and funding, to ensure that work in the test bed will contribute to the commercial viability of any technologies and will include collaboration from industry and labor organizations; (6) how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses; (7) how the applicant will increase participation by populations that are underrepresented in STEM; (8) how the applicant will demonstrate that the commercial viability of any new technologies will support the creation of high-quality domestic jobs; (9) how the test bed will operate after Federal funding has ended; (10) how the test bed will disseminate lessons and other technical information to United States entities or allied or partner country entities in the United States; and (11) how the applicant plans to take measures to prevent the inappropriate use of research results, data, and intellectual property, as applicable and consistent with the requirements of the award. (c) Authorized use of fundsA recipient of an award under this section may, consistent with the purposes of this section, use the award for the purchase of equipment and for the support of students, faculty and staff, and postdoctoral researchers. (d) Geographic diversityIn selecting award recipients under this section, the Director shall consider the extent to which proposals would expand the geographic diversity of test beds.

42 U.S.C. § 19111 Planning and capacity building awards

(a) In generalUnder the program established in section 1862p–2 of this title and the activities authorized under this section, from amounts made available to the Directorate, the Director, in coordination with other Federal agencies as determined appropriate by the Director, shall make awards, on a competitive basis, to eligible entities to advance the development, adoption, and commercialization of technologies, consistent with the purposes of the Directorate under section 19102 of this title. (b) Eligible entityTo be eligible to receive an award under this section, an entity shall be—(1) an institution of higher education, which may be a community college (or a consortium of such institutions); (2) a nonprofit organization that is either affiliated with an institution of higher education or designed to support technology development or entrepreneurship; or (3) a consortium that includes—(A) an entity described in paragraph (1) or (2) as the lead award recipient; and (B) one or more additional individuals or entities, which shall be—(i) an economic development organization or similar entity that is focused primarily on improving science, technology, innovation, or entrepreneurship; (ii) an industry organization or firm in a relevant technology or innovation sector; (iii) an industry-experienced executive with entrepreneurship experience that is focused primarily on de-risking technologies from both a scientific and a business perspective; or (iv) an individual or entity with industry and startup expertise, including a mentor network, across relevant technology or innovation sectors. (c) Use of fundsIn addition to activities listed under section 19103 of this title, an eligible entity receiving an award under this section may use funds to—(1) identify academic research with the potential for technology transfer and commercialization, particularly as relevant to the purposes of the Directorate under section 19102 of this title; (2) ensure the availability of staff, including technology transfer professionals, entrepreneurs in residence, and other mentors as required to accomplish the purpose of this section; (3) help offset the costs of patenting and licensing research products, both domestically and internationally; (4) revise institution policies, including policies related to intellectual property and faculty entrepreneurship, and taking other necessary steps to implement relevant best practices for academic technology transfer; (5) develop local, regional, and national partnerships among institutions of higher education and between institutions of higher education and private sector entities and other relevant organizations, including investors, with the purpose of building networks, expertise, and other capacity to identify promising research that may have potential market value and enable researchers to pursue further development and transfer of their ideas into possible commercial or other use; (6) develop seminars, courses, and other educational opportunities for students, post-doctoral researchers, faculty, and other relevant staff at institutions of higher education to increase awareness and understanding of entrepreneurship, patenting, business planning, research security, and other areas relevant to technology transfer, and connect students and researchers to relevant resources, including mentors in the private sector; and (7) create, support, or fund entities or competitions to allow entrepreneurial students and faculty to illustrate the commercialization potential of their ideas, including through venture funds of institution of higher education. (d) Limitations on funding(1) Awards made under this section shall be at least 3 years in duration and shall not exceed $1,000,000 per fiscal year. (2) Awards made under this section shall not support the development or operation of capital investment funds. (e) ApplicationAn eligible entity seeking funding under this section shall submit an application to the Director 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—(1) how the eligible entity submitting an application plans to sustain the proposed activities beyond the duration of the award; (2) the steps the applicant will take to enable technology transfer and adoption and why such steps are likely to be effective; (3) how the applicant will encourage the training and participation of students and potential entrepreneurs and the transition of research results to practice, including the development of new businesses; (4) as relevant, potential steps to drive economic growth in a particular region, by collaborating with industry, venture capital entities, non-profit organizations, and State and local governments within that region; and (5) background information that the Director determines is relevant to demonstrate the success of the innovation and entrepreneurship support models proposed by the applicant to commercialize technologies. (f) Collaborative innovation resource center program(1) In generalThe Director shall make awards under this section to eligible entities to establish collaborative innovation resource centers that promote regional technology transfer and technology development activities available to more than one institution of higher education and to other entities in a region. (2) Use of fundsAn eligible entity that receives an award under this subsection shall use award funds to carry out one or more of the following activities, to the benefit of the region in which the center is located:(A) Providing start-ups and small business concerns (as defined in section 632 of title 15) within the region with access to facilities, scientific infrastructure, personnel, and other assets as required for technology maturation. (B) Supporting entrepreneurial training for start-up and small business personnel. (3) 11 So in original. Probably should be “(C)”. Providing engineering and entrepreneurial experiences and hands-on training for students enrolled in participating institutions of higher education. (g) Reporting on commercialization metricsThe Director shall establish—(1) metrics related to commercialization for an award under this section; and (2) a reporting schedule for recipients of such awards that takes into account both short- and long-term goals of the programs under this section. (h) Geographic diversityThe Director shall ensure regional and geographic diversity in issuing awards under this section. (i) Authorization of appropriationsFrom within funds authorized for the Directorate for Technology, Innovation, and Partnerships, there are authorized to carry out the activities under this section $3,100,000,000 for fiscal years 2023 through 2027.

42 U.S.C. § 19112 Entrepreneurial fellowships

(a) In generalThe Director, acting through the Directorate for Technology, Innovation, and Partnerships, shall award fellowships to scientists and engineers to help develop leaders capable of maturing promising ideas and technologies from lab to market or other use and forge connections between academic research and the government, industry, financial sectors, and other end users. (b) ApplicationAn applicant for a fellowship under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. At a minimum, the Director shall require that applicants—(1) have completed a doctoral degree in a STEM field no more than 5 years prior to the date of the application, or have otherwise demonstrated significant postbaccalaureate scientific research experience and are considered early career, according to requirements established by the Director; and (2) have included in the application a proposal for how the fellow will be embedded in a host institution’s research environment. (c) OutreachThe Director shall conduct program outreach to recruit fellowship applicants—(1) from diverse research institutions; (2) from all regions of the country; and (3) from groups historically underrepresented in STEM fields. (d) Administration agreementsThe Director may enter into an agreement with a qualified third-party entity to administer the fellowships, subject to the provisions of this section. (e) Authorization of appropriationsThere are authorized to be appropriated to the Director a total of $125,000,000 for fiscal years 2023 through 2027, to carry out the activities outlined in this section.

42 U.S.C. § 19113 Scholarships and fellowships

(a) In generalThe Director, acting through the Directorate, shall fund undergraduate scholarships (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards in the key technology focus areas. (b) ImplementationThe Director may carry out subsection (a) by making awards—(1) directly to students; and (2) to institutions of higher education or consortia of institutions of higher education, including those institutions or consortia involved in operating Regional Innovation Engines established under section 19108 of this title. (c) Broadening participationIn carrying out this section, the Director shall take steps to increase the participation of populations that are underrepresented in STEM, which may include—(1) establishing or augmenting programs targeted at populations that are underrepresented in STEM; (2) supporting traineeships or other relevant programs at historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions; (3) enabling low-income populations to pursue associate, undergraduate, or graduate level degrees in STEM; (4) addressing current and expected gaps in the availability or skills of the STEM workforce, or addressing needs of the STEM workforce, including by increasing educational capacity at institutions and by prioritizing awards to United States citizens, permanent residents, and individuals that will grow the domestic workforce; and (5) addressing geographic diversity in the STEM workforce. (d) Encouraging innovationIn carrying out this section, the Director shall encourage innovation in graduate education, including through encouraging institutions of higher education to offer graduate students opportunities to gain experience in industry or Government as part of their graduate training, and through support for students in professional master’s programs related to the key technology focus areas or to the societal, national, and geostrategic challenges. (e) Areas of funding supportSubject to the availability of funds to carry out this section, the Director shall—(1) issue—(A) postdoctoral awards, (B) graduate fellowships and traineeships, inclusive of the NSF Research Traineeships and fellowships awarded under the Graduate Research Fellowship Program; and (C) scholarships, including undergraduate scholarships, research experiences, and internships, including—(i) scholarships to attend community colleges; and (ii) research experiences and internships under sections 1862p–5, 1862p–6, and 1862p–7 of this title; (2) ensure that not less than 10 percent of the funds made available to carry out this section are used to support additional awards that focus on community college training, education, and teaching programs that increase the participation of populations that are historically underrepresented in STEM, including technical programs through programs such as the Advanced Technological Education program; and (3) if funds remain after carrying out paragraphs (1) and (2) make awards to institutions of higher education to enable the institutions to fund the development and establishment of new or specialized programs of study for graduate, undergraduate, or technical college students and the evaluation of the effectiveness of those programs of study. (f) Low-income scholarship program(1) In generalThe Director shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or graduate level degrees in STEM fields. (2) Eligibility(A) In generalTo be eligible to receive a scholarship under this subsection, an individual—(i) must be a citizen of the United States, a national of the United States (as defined in section 1101(a) of title 8), an alien admitted as a refugee under section 1157 of title 8, or an alien lawfully admitted to the United States for permanent residence; (ii) shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and (iii) shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 1001(a) of title 20) in order to pursue an associate, undergraduate, or graduate level degree in STEM fields designated by the Director. (B) AbilityAwards of scholarships under this subsection shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to award one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States recipients’ places of permanent residence. (3) Omitted (4) AuthorizationOf amounts authorized for the Directorate for Technology, Innovation, and Partnerships, $100,000,000 shall be authorized to carry out this subsection. (g) Existing programsThe Director may use or augment existing STEM education programs of the Foundation and leverage education or entrepreneurial partners to carry out this section.

42 U.S.C. § 19114 Research and development awards

(a) In generalFrom amounts made available for the Directorate, the Director shall make awards, on a competitive basis, for research and technology development within the key technology focus areas, including investments that advance solutions to the challenges under section 19107 of this title. (b) PurposeThe purpose of the awards under this section shall be to accelerate technological advances and technology adoption in the key technology focus areas. (c) RecipientsRecipients of funds under this section may include institutions of higher education, research institutions, non-profit organizations, private sector entities, consortia, or other entities as defined by the Director. (d) MetricsThe Director may set metrics, including goals and deadlines, for the development and demonstration of technology as determined in the terms of the award, and may use such metrics to determine whether an award recipient shall be eligible for continued or follow-on funding. (e) Short term technology deploymentThe Director shall also make awards, including through the SBIR and STTR programs (as defined in section 638(e) of title 15), to expedite short-term technology deployment within a period of no longer than 24 months. (f) Selection criteriaIn selecting recipients for an award under this section, the Director shall consider, at a minimum—(1) the relevance of the project to the challenges and the key technology focus areas under section 19107 of this title, and the potential of the project to result in transformational advances for such challenges and the key technology focus areas; (2) the current status of similar technology, the limits of current practice, and the novelty and risks of the proposed project; (3) the ethical, societal, safety, and security implications relevant to the application of the technology; (4) the appropriateness of quantitative goals and metrics for evaluating the project and a plan for evaluating those metrics; and (5) the path for developing and, as appropriate, commercializing the technology into products and processes in the United States. (g) Authorization of appropriationsFrom within funds authorized for the Directorate for Technology, Innovation, and Partnerships, there are authorized to carry out the activities under this section $1,000,000,000 for fiscal years 2023 through 2027.

42 U.S.C. § 19115 Scaling innovations in PreK–12 STEM education

(a) In generalTaking into consideration the recommendations under section 18991(a)(4) of this title, the Director shall make awards, on a competitive, merit-reviewed basis, to establish multidisciplinary Centers for Transformative Education Research and Translation (in this section referred to as “Centers”) to support research and development on widespread and sustained implementation of STEM education innovations. (b) EligibilityThe entity seeking an award for a Center under this section must be an institution of higher education, a nonprofit organization, or a consortium of such institutions or organizations, which may include a STEM ecosystem. (c) ApplicationAn eligible entity under subsection (b) seeking an award under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of how the proposed Center will be used to—(1) establish partnerships among academic institutions, local or State educational agencies, and other relevant stakeholders in supporting programs and activities to facilitate the widespread and sustained implementation of promising, evidence-based STEM education practices, models, programs, curriculum, and technologies; (2) support enhanced STEM education infrastructure, including cyberlearning technologies, to facilitate the widespread adoption of promising, evidence-based practices; (3) support research and development on scaling practices, partnerships, and alternative models to current approaches, including approaches sensitive to the unique combinations of capabilities, resources, and needs of varying localities, educators, and learners; (4) include a focus on the learning needs of under-resourced schools and learners in low-resource or underachieving local educational agencies in urban and rural communities and the development of high-quality curriculum that engages these learners in the knowledge and practices of STEM fields; (5) include a focus on the learning needs and unique challenges facing students with disabilities; (6) support research, development, or education on one or more of the key technology focus areas; (7) support research and development on scaling practices and models to support and sustain highly-qualified STEM educators in urban and rural communities; and (8) at the discretion of the Director, any other requirements recommended in the study commissioned under section 18991(a) of this title. (d) Additional considerationsIn making an award under this section, the Director may also consider the extent to which the proposed Center will—(1) leverage existing collaborations, tools, and strategies supported by the Foundation, including NSF INCLUDES and the Convergence Accelerators; (2) support research on and the development and scaling of innovative approaches to distance learning and education for various student populations; (3) support education innovations that leverage new technologies or deepen understanding of the impact of technology on educational systems; and (4) include a commitment from local or State education administrators to making the proposed reforms and activities a priority. (e) PartnershipIn carrying out the program under this section, the Director shall explore opportunities to partner with the Department of Education, including through jointly funding activities under this section. (f) DurationEach award made under this section shall be for a duration of no more than 5 years. (g) Annual meetingThe Director shall encourage and facilitate an annual meeting of the Centers, as appropriate, to foster collaboration among the Centers and to further disseminate the results of the Centers’ supported activities. (h) Existing programsThe Director may use existing NSF programs to establish and execute this section. (i) ReportNot later than 5 years after August 9, 2022, the Director shall submit to Congress and make widely available to the public a report that includes—(1) a description of the focus and proposed goals of each Center; (2) an assessment, based on a common set of benchmarks and tools, of the Centers’ success in helping to promote scalable solutions in PreK–12 STEM education; and (3) any recommendations for administrative and legislative action that could optimize the effectiveness of the Centers established under this section.

42 U.S.C. § 19116 Authorities

In addition to existing authorities available to the Foundation, the Director may exercise the following authorities in carrying out the activities under this part: (1) AwardsIn carrying out this part, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions. (2) Program directors(A) DesignationThe Director may designate individuals to serve as program directors for the programs established within the Directorate pursuant to the responsibilities established under subparagraph (B). The Director shall ensure that program directors—(i) have expertise in one or more of the challenges and key technology focus areas under section 19107 of this title; and (ii) come from a variety of backgrounds, including industry, and from a variety of institutions of higher education. (B) ResponsibilitiesA program director of a program of the Directorate, in consultation with the Assistant Director, shall be responsible for—(i) establishing research and development goals for the program, including through the convening of workshops, conferring with a broad range of stakeholders and outside experts, taking into account relevant expert reports, and publicizing the goals of the program to the public and private sectors; (ii) surveying a wide range of institutions of higher education, nonprofit organizations, and private entities to identify emerging trends in the challenges and key technology focus areas under section 19107 of this title, and, as appropriate, soliciting proposals from such entities to conduct research in areas of particular promise that the private sector is the not likely to undertake independently.11 So in original. The period probably should be a semicolon. (iii) facilitating research collaborations in the challenges and key technology focus areas under section 19107 of this title, including connecting academic researchers with potential end-users of technology, including industry, labor organizations, nonprofit organizations, civil society organizations, and other relevant organizations; (iv) reviewing applications for projects submitted under section 19114 of this title according to the Merit Review Criteria established by the Director for such projects and described in the Foundation’s Proposal and Award Policies and Procedures Guide, and any such additional criteria as determined by the Director; and (v) monitoring the progress of projects supported under the program and taking into account input from relevant experts and stakeholders, recommending program updates as needed. (C) Selection criteriaProgram directors may use diverse merit review models for selection of award recipients under section 19114 of this title, including internal review and different models that use peer review. (D) TermsProgram directors of the Directorate may be appointed by the Director for a limited term, renewable at the discretion of the Director. (3) Experts in science and engineering(A) Program authorizedThe Foundation may carry out a program of personnel management authority provided under subparagraph (B) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Foundation. (B) Personnel management authorityUnder the program under subparagraph (A), the Foundation may—(i) without regard to any provision of title 5 governing the appointment of employees in the competitive service, appoint individuals to a total of not more than 70 positions in the Foundation, of which not more than 5 such positions may be positions of administration or management of the Foundation; (ii) prescribe the rates of basic pay for positions to which employees are appointed under clause (i)—(I) in the case of employees appointed pursuant to clause (i) to any of 5 positions designated by the Foundation for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5; and (II) in the case of any other employee appointed pursuant to clause (i), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and (iii) pay any employee appointed under subparagraph (A), other than an employee appointed to a position designated as described in clause (ii)(I), payments in addition to basic pay within the limit applicable to the employee under subparagraph (D). (C) Limitation on term of appointment(i) In generalExcept as provided in clause (ii), the service of an employee under an appointment under subparagraph (B)(i) may not exceed 4 years. (ii) ExtensionThe Director may, in the case of a particular employee under the program under subparagraph (A), extend the period to which service is limited under clause (i) by up to 2 years if the Director determines that such action is necessary to promote the efficiency of the Foundation. (D) Maximum amount of additional payments payableNotwithstanding any other provision of this subsection or section 5307 of title 5, no additional payments may be paid to an employee under subparagraph (B)(iii) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3. (4) Highly qualified experts in needed occupations(A) In generalThe Foundation may carry out a program using the authority provided in subparagraph (B) in order to attract highly qualified experts in needed occupations, as determined by the Foundation. Individuals hired by the Director through such authority may include individuals with expertise in business creativity, innovation management, design thinking, entrepreneurship, venture capital, and related fields. (B) AuthorityUnder the program, the Foundation may—(i) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5) to positions in the Foundation without regard to any provision of title 5 governing the appointment of employees in the competitive service; (ii) prescribe the rates of basic pay for positions to which employees are appointed under clause (i) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and (iii) pay any employee appointed under clause (i) payments in addition to basic pay within the limits applicable to the employee under subparagraph (D). (C) Limitation on term of appointment(i) In generalExcept as provided in clause (ii), the service of an employee under an appointment made pursuant to this subsection may not exceed 5 years. (ii) ExtensionThe Foundation may, in the case of a particular employee, extend the period to which service is limited under clause (i) by up to 1 additional year if the Foundation determines that such action is necessary to promote the Foundation’s national security missions. (D) Limitations on additional payments(i) Total amountThe total amount of the additional payments paid to an employee under this subsection for any 12-month period may not exceed the maximum amount of total compensation payable at the salary set in accordance with section 104 of title.22 So in original. Probably should be “section 104 of title 3”. (ii) Eligibility for paymentsAn employee appointed under this subsection is not eligible for any bonus, monetary award, or other monetary incentive for service, except for payments authorized under this subsection. (E) Limitation on number of highly qualified expertsThe number of highly qualified experts appointed and retained by the Foundation under sub 33 So in original. Probably should be “subparagraph”. (B)(i) shall not exceed 70 at any time. (F) Savings provisionsIn the event that the Foundation terminates the program under this paragraph, in the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under this paragraph—(i) the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of—(I) the period for which the employee was appointed; or (II) the period to which the employee’s service is limited under subparagraph (C), including any extension made under this paragraph before the termination of the program; and (ii) the rate of basic pay prescribed for the position under this paragraph may not be reduced as long as the employee continues to serve at an acceptable level of performance in the position without a break in service. (5) Additional hiring authorityTo the extent needed to carry out the duties under paragraph (1)(A), the Director is authorized to utilize hiring authorities under section 3372 of title 5 to staff the Foundation with employees from other Federal agencies, State and local governments, Indian Tribes and Tribal organizations, institutions of higher education, and other organizations, as described in that section, in the same manner and subject to the same conditions, that apply to such individuals utilized to accomplish other missions of the Foundation. (6) National Academy of Public Administration(A) StudyNot later than 30 days after August 9, 2022, the Director shall contract with the National Academy of Public Administration to conduct a study on the organizational and management structure of the Foundation, to—(i) evaluate and make recommendations to efficiently and effectively implement the Directorate for Technology, Innovation, and Partnerships; and (ii) evaluate and make recommendations to ensure coordination of the Directorate for Technology, Innovation, and Partnerships with other directorates and offices of the Foundation and other Federal agencies. (B) ReviewUpon completion of the study under subparagraph (A), the Foundation shall review the recommendations from the National Academy of Public Administration and provide a briefing to Congress on the plans of the Foundation to implement any such recommendations.

42 U.S.C. § 19117 Coordination of activities

(a) In generalIn carrying out the activities of the Directorate, the Director shall coordinate and collaborate as appropriate with the Secretary of Energy, the Director of the National Institute of Standards and Technology, and the heads of other Federal research agencies, as appropriate, to further the goals of this part. (b) Avoid duplicationThe Director shall ensure, to the greatest extent practicable, that activities carried out by the Directorate are not duplicative of activities supported by other parts of the Foundation or other relevant Federal agencies. In carrying out the activities prescribed by this division, the Director shall coordinate with the interagency working group established under part D of subchapter VI and heads of other Federal research agencies to ensure these activities enhance and complement, but do not constitute unnecessary duplication of effort and to ensure the responsible stewardship of funds. (c) Emerging technologiesAfter completion of the studies regarding emerging technologies conducted by the Secretary of Commerce under title XV of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Director shall consider the results of such studies in carrying out the activities of the Directorate.

42 U.S.C. § 19118 Ethical, legal, and societal considerations

The Director shall engage, as appropriate, experts in the social dimensions of science and technology and set up formal avenues for public input, as appropriate, to ensure that ethical, legal, and societal considerations are taken into account in the priorities and activities of the Directorate, including in the selection of the challenges and key technology focus areas under section 19107 of this title and the award-making process, and throughout all stages of supported projects.

42 U.S.C. § 19119 Reports and roadmaps

(a) Annual reportThe Director shall provide to the relevant authorizing and appropriations committees of Congress an annual report describing projects supported by the Directorate during the previous year. (b) RoadmapNot later than 1 year after August 9, 2022, the Director shall provide to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that the Directorate will use to guide investment decisions over the following 3 years. (c) ReportsNot later than 1 year after August 9, 2022, and every 3 years thereafter, the Director, in consultation with the heads of relevant Federal agencies, shall prepare and submit to Congress—(1) a strategic vision for the next 5 years for the Directorate, including a description of how the Foundation will increase funding for research and education for populations underrepresented in STEM and geographic areas; and (2) a description of the planned activities of the Directorate to secure federally funded science and technology pursuant to section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) and section 6605 of this title and the requirements under part D of this subchapter and subtitle E of title VI. (d) Selection criteria reportNot later than 24 months after the establishment of the Directorate, the Director shall prepare and submit a report to Congress regarding the use of alternative methods for the selection of award recipients and the distribution of funding to recipients, as compared to the traditional peer review process.

42 U.S.C. § 19120 Evaluation

(a) In generalAfter the Directorate has been in operation for 6 years, the Director shall enter into an agreement with the National Academies to provide an evaluation of how well the Directorate is achieving the purposes identified in section 19102 of this title. (b) InclusionsThe evaluation shall include—(1) an assessment of the impact of Directorate activities on the Foundation’s primary science mission; (2) an assessment of the Directorate’s impact on the challenges and key technology focus areas under section 19107 of this title; (3) an assessment of efforts to ensure coordination between the Directorate and other Federal agencies, and with external entities; (4) a description of lessons learned from operation of the Directorate; and (5) recommended funding levels for the Directorate; (c) AvailabilityOn completion of the evaluation, the evaluation shall be made available to Congress and the public.

Starting a business? Corpus forms LLCs in all 50 states and DC.